An employee of Eastern Coalfields Limited expired while in service on 21.06.2020. As per provisions of National Coal Wage Agreement one dependent is eligible for employment in the company in his place. During his life time the concerned employee has declared his wife, minor son and Step Mother as dependents. Can Step Mother raise any objection to the claim of employment of wife of the deceased? Employment claim is processed through a Screening Committee as per rule of the company where statements of all dependents are recorded. Since Step Mother has objection to the employment of wife of the deceased, can management deny processing employment if Step Mother does not appear before the Screening Committee?
She can raise objections to claim of employment of wife of deceased employee
2)No objection certificates from all the major dependents family members in favor of the applicant is insisted upon
3) you may be denied compassionate appointment of step mother does not give NOC
Yea only if she is not taking care of mother financially. Company will direct deposit part salary in mother account but no objection to job.
Wife is entitled to job on compensanate basis.
If the management is insisting on the no objection from the step mother, then they can send a notice to her.
If she is not appearing before them to express her views, the authorities concerned can take action as per law in this regard.
Since the step mother is also named as a dependent of the deceased employee, the department canot ignore the step mother's objection in this regard.
No, management cannot deny the recruitment of the wife.
If objected than wife can file a specific performance suit against the management to give joining
If she doesn't appear that will not go against you. In fact if she doesn't come it will be understood that she has no objections ir she is indifferent.
The answer is No as per rules and regulations of Central Government employees services authority and rules.
I have answered your questions based on the facts mentioned by you in the present post.
If the step mother is eligible to get employment on compassionate ground then she has right to oppose the claim of employment by other dependents.
In other words every eligible dependent can claim employment on compassionate ground.
step mother falls under class 2 legal heir under hindu succession law. She cannot raise objections.
No she cannot.
Regards
Yes she can raise objection but it should be on merits. Otherwise will not be entertained
1. Wife has to be given preference as compared to any other legal heir of deceased employee.
2. Any objection by step mother is untenable.
3. If management does not process employment for wife of deceased then she can go to court.
Answers differs from one another. Some opined in favour that objection of step mother is not tenable & some opined just opposite. None has clarified in legal terms with reference to provisions in law or, case laws on similar issue. Such opinions are of no use.
A family member ie dependent can raise an objection. But he has to appear or give it in writing as to why she is objecting to it.
If she has objections she has to appear otherwise the screening committee cannot wait forever. The claim has to be disposed.
The facts which are visible to us have opined based on the same.
We can't see each and every facts,circumstances, contents of agreement, letter of appointment etc.
These are documents which have to be reviewed and verified by us to answer your questions firmly.
We need to review above mentioned documents for the answers you expect from us.
Now follow the instructions and seek proper guidance from us.
We are not magicians to show artificial emotion and pictures to our clients.
We advice our clients based on facts,documents and legal provisions in force with the latest amendment.
MGB Gramin Bank vs. Chakrawarti Singh {(2014) 13 SCC 583}, the Hon'ble Supreme Court, in paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of its judgment, held as under:-
?6. Every appointment to public office must be made by strictly adhering to the mandatory requirements of Articles 14 and 16 of the Constitution. An exception by providing employment on compassionate grounds has been carved out in order to remove the financial constraints on the bereaved family, which has lost its bread-earner.
Mere death of a Government employee in harness does not entitle the family to claim compassionate employment. The Competent Authority has to examine the financial condition of the family of the deceased employee and it is only if it is satisfied that without providing employment, the family will not be able to meet the crisis, that a job is to be offered to the eligible member of the family.
More so, the person claiming such appointment must possess required eligibility for the post. The consistent view that has been taken by the Court is that compassionate employment cannot be claimed as a matter of right, as it is not a vested right. The Court should not stretch the provision by liberal interpretation beyond permissible limits on humanitarian grounds. Such appointment should, therefore, be provided immediately to redeem the family in distress. It is improper to keep such a case pending for years.
2) if competent authority insists on obtaining NOC of dependents then it would be necessary
3)Reading of the Government orders shows that scheme can be extended only to eligible member of the family and not to an ineligible person. Scheme has not been framed to provide employment assistance as and when the son or daughter of the deceased employee attains majority. Under the scheme, the department is not obligated to keep any post vacant, till the applicant attains majority or to consider his candidature on attaining majority. Scheme only enables those who are eligible and satisfy all the eligibility criteria including age, within three years from the date of death.
Dear Sir,
However, the step mother may raise the problem and may not appear before the screening committee but the same can't stop the screening committee to give job to the beneficiary wife of the deceases, if she submits that she will maintain the dependents of the deceased.
Even if there are objections the court will decide on merits. There is no requirement of provision of law for objecting. It's decided by court on merits and if felt unnecessary the same is dismissed
When you don't have expertise on a subject and search for others advice apparently for commercial gain then stop being suddenly wiser and listen to experts.
No she cannot.
The different lawyers will tender their own opinions as per their interpretation of law involved in this.
You can choose whichever opinion that may suit you, if you feel that the opinions are useless, you may approach court and look for what is left in store in your fate about this.
Let the court decide about your fate, you can engage the services of a lawyer to look for any favorable judgments to you in this regard
- Since the said employee declared his wife , minor son and step mother as dependants , then the consent of the step mother is needed if wife is applying for getting employment in the company in the place of deceased husband.
- Legally step mother cannot raise issue , as the deceased wife is having first eligibility right to get the employment legally after the death of her husband , but the department may need a No objection letter from the step mother.
1. No step mother cannot raise any objection in employment of wife of deceased employee after his death.
2. No management committee cannot deny emoloyement to wife on objection of step mother because her objection is not maintenable due to her age and they cannot deny employment if step mother refuse to appear before them.
