• Is married daughter eligible for compassionate appointment under medical invalidation

Is married daughters are eligible for compassatonate appointmrnt under medical invalidation as per go gad 661 23.10.2008
Asked 3 days ago in Labour from Anantapur, Andhra Pradesh

Not after such a long time. Rare possibility as CA granted to mitigate hardship faced by family due to sudden death or retirement on medical grounds.

Main purpose is to grant immediate releif. But if present financial condition is still not good and daughter dependent on father, eligible for CA.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

This is ruling of Indian courts that married daughters are eligible for CA. And court order will prevail over govt. Notification.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

 The word “family” consists of the members as

 defined in subrule 12(b) of Rule 50 of A.P. 

Revised Pension Rules, 1980. If she is only dependent then she will also be eligible

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

- As per law, a married daughter is eligible to get government job , on compassionate ground , after the demise of her father , if she undertakes to look after the other dependent of the deceased.

- Hence, your wife, being the daughter of the retired employee under the medical invalidation is eligible to get the compassionate appointment , on the condition that no other family members are having objection for the same.

- Further, you should know, that the maximum age limit is 35 years in case of a son or daughter for getting the compassionate appointment . 

- The full bench of Uttarakhand High Court comprising , the Chief Justice Ramesh Ranganathan, Justice Lok Pal Singh and Justice R.C. Khulbe observed that "Just as a son continues to be the son of the deceased Government servant, both before and after marriage, so does the daughter. The mere fact that she is married does not result in her ceasing to be the daughter of the deceased Government servant.

Mohammed Shahzad
Advocate, Delhi
1789 Answers
27 Consultations

5.0 on 5.0

Married daughter is entitled to compassionate appointment 

 

2)enclose medical certificate of father 

 

3) NOC of mother 

 

4) Prescribed Educational Qualification Certificates.

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

You can claim compassionate appointment 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

When appointment on compassionate grounds is given to a married daughter the object to be achieved is to ensure that such married daughter will look after the other dependent members of the employee's family like the wife  minor children of the employee, his handicapped children, parents, etc. This can be ensured by insisting on a declaration by the candidate for appointment on compassionate grounds that s/he would look after such dependent family members of the employee.

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

most of the departments do not treat them to be eligible for the compassionate appointment 

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

But the Uttarakhand HC in one of recent case has held that the daughters are equally eligible as for the compassionate appointment. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

Dear sir,

Each case, there are separate facts and circumstances. If you can show that the earning of the family has been reduced and job of married daughter is necessary to meet sudden financial needs of the family and the same can be solved if the compensatory job is given to married daughter, the same may be given. But, be sure that the path will not be so easy and you may have to fight upto high court for this. 

Ganesh Singh
Advocate, Delhi
3501 Answers
9 Consultations

4.5 on 5.0

The Compassionate Grounds Appointments are given to any one of the legal heirs of the deceased Government Servant. (i.e.) Wife, Husband, Son, Daughter, Divorcee, Widowed daughter.

The above clearly indicates that the said category are entitled only when the employee is reported to have died in harness.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

If the married daughter is dependent on the father even after her marriage at the time of medical invalidation, she may become eligible for the appointment provided all other conditions are satisfied. 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

If your wife is living separately away from you due to marital disputes and she is staying with her father as his dependent  and without any source of income to sustain her expenses and has already applied for divorce, then she can become eligible for compassionate ground appointment provided your father in law was retired 5  years before attaining superannuation and the application for appointment on
compassionate grounds has  been  submitted within 3 years from the date of medical invalidation.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

The married daughter without divorce or living with her husband is not a dependent on her father, she will be a dependent on her husband only.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

Your wife may not be eligible for the compassionate grounds appointment based on the referred GO because it is very clear that the dependents only are eligible for this type of appointment.

The reasons that her husband is unemployed and she is staying in her father's house without divorce cannot make her eligible as a dependent on her father.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

The compassionate grounds appointment on medical invalidation grounds is also given at par with the same conditions and rules as an employees died in harness.

So you may go through the rules once again properly to interpret the law correctly.

.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

The rule referred by you,  under rule 14 it clearly states as following:

14. After careful consideration, Government issue the following orders on reviving the
scheme of compassionate appointments on medical invalidation of Government employee.
1. This concession of compassionate appointment shall be allowed only in
exceptional cases where the appointing authority is satisfied that the condition
of the family is indigent and in great distress and when there is no other
earning member in the family. The word “family” consists of the members as
defined in sub-rule 12(b) of Rule 50 of A.P. Revised Pension Rules, 1980.
2. The candidate eligible for appointment under this measure shall be the spouse
of the Government servant or any one of the dependent children of the
employee who retired on medical grounds.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

Another important criteria  is that the employee should have been medically invalidated due to the following reasons besides other conditions:

the disease for which medical invalidation shall be allowed may be any
one of the following:-
1. Paralysis
(i) All 4 limbs
(ii) One side upper limb and lower limb
(iii) Both lower limbs
2. End stage Renal diseases
3. End stage Liver diseases
4. Cancer with metastasis stage or secondaries
5. Dementia – Mental Disorder
6. Severe Parkinson disease
7. Loss of limbs (hands or legs) in case of drivers.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

The Hon’ble Supreme Court of India, in V.Siva Murthy V/s State of Andhra Pradesh
in (Civil appeal No 4210 of 2003 with CA.Nos.4208-4209, 4213, 4226 of 2003, Dated
12.08.2008) upheld the scheme of compassionate appointment to the dependents of
Government employees who retired on Medical invalidation and held among others, as
follows:
“We therefore, allow these appeals, set aside the judgment of the High Court (dated
12.10.2001). We also set aside the orders of the Tribunal though on different grounds.
We uphold the validity of the compassionate appointment scheme (contained in
G.O.Ms.No.504, G.A.(Ser.A) Department, dated 30.7.1980, G.O.Ms.No.309, G.A.(Ser.A)
Department, dated 4.7.1985 and G.O.Ms.No.214, G.A. (Ser.A) Department, dated
9.6.1998, as clarified in Govt. Memo.No.36299/Ser.A/99 dated 25.6.1999) providing
that the period of five years of left over service should be reckoned from the date of
issue of the order of retirement on medical invalidation and not from the date of
application for retirement on medical invalidation.
As the scheme was withdrawn by Govt. Memo. Dated 27.4.2002, to give effect to
the impugned decision of the High Court, the state Government is at liberty to revive the
scheme with or without modifications”.

14. After careful consideration, Government issue the following orders on reviving the
scheme of compassionate appointments on medical invalidation of Government employee.
1. This concession of compassionate appointment shall be allowed only in
exceptional cases where the appointing authority is satisfied that the condition
of the family is indigent and in great distress and when there is no other
earning member in the family. The word “family” consists of the members as
defined in sub-rule 12(b) of Rule 50 of A.P. Revised Pension Rules, 1980.
2. The candidate eligible for appointment under this measure shall be the spouse
of the Government servant or any one of the dependent children of the
employee who retired on medical grounds.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

Married daughter cannot become dependent of the father  and they will be dependent of their husband only.

The divorced daughter who is unemployed and staying at her father's house can be considered as his dependent.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

Hi

Sorry married Daughter is no longer dependent on her father.

Rahul Jatain
Advocate, Rohtak
1304 Answers
3 Consultations

4.9 on 5.0

the Government issued G.O.Ms.No.661, GAD dated 23.10.2008. Under this Government Order, a detailed procedure was prescribed for allowing persons to retire on medical invalidation and granting appointment on compassionate grounds to one of their wards.

14. In paragraph-16 (i) (d) of the said Government Order, it is prescribed that as and when a Government employee applies for retirement on medical grounds, the appointing authority should refer the case to a team of Doctors (MedicalBoard).

15. After the Medical Board gives its report, the appointing authority should refer the matter to a District Level Committee of officers for scrutiny. This prescription is found in paragraph-16 (ii) of G.O.Ms.No.661, dated 23.10.2008. It reads as follows:

(ii) The appointing authority under whom the employee seeking medical invalidation is working, shall, after receipt of the Medical Boards recommendations refer the matter to a District Level Committee of officers for scrutiny and its recommendations. Government hereby constitute the District Level Committee of the officers with the following:

1. District Collector Chairman

2. The District Medical & Health Officer Member.

3. The District Head of the Department Member / Convener in which the employee is seeking retirement on medical invalidation The District Level Committee shall consider the Medical Invalidation report given by the Medical Board constituted in para

16 (i) above and scrutinize the proposal for compassionateappointment on Medical Invalidation strictly in accordance with he guidelines and conditions stipulated in the existing instructions on the scheme. The committee is also competent to seek at its discretion personal presence of the employee seeking retirement on medical invalidation before considering the proposal.

16. It is only after the District Level Committee makes a recommendation that orders of retirement as well as appointment on compassionate grounds can be granted.

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

paragraph-16(i)(g) of G.O.Ms.No.661 indicates the diseases for which medical invalidation may be allowed. They are

1. Paralysis

(i) All 4 limbs

(ii) One side upper limb and lower limb

(iii) Both lower limbs.

2. End stage Renal Diseases.

3. End stage Liver diseases

4. Cancer with metastasis stage or secondaries.

5. Dementia Mental Disorder

6. Severe Parkinson Disease.

 

 

 

 

 

since father has retired on grounds of paralysis dependent daughter would be entitled to compassionate appointment 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

Number of HC have held that provision for excluding married daughters from being given jobs on compassionate ground was violative of Article 14 and 16 of the Constitution.

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

If married daughter is not considered for  compassionate appointment she can file writ in HC to direct go t to consider her case for compassionate appointment 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

compassionate appointment is based on departmental guidelines, time limit, etc.

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

1. Yes married daughter is eligible for compassionate appointment if and only if no other legal heir of father is alive and mother is unable to work. 

2. Married daughter doesn't come under list of dependant of father but still you can get appointment on compassionate ground for that you should file writ petition before High court.

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer