• How to seek father's government job after his death

Hello,

My father was a govt. bank employee in Uttar Pradesh..died in April 2021 due to covid. at the age of 59, 8 months before retirement. 
Bank asked to apply compensation jobs to all such 31 deceased employee families.

In our family, my mother and we 2 brothers and 2 sisters., my mother is a housewife, both brothers, and sister are employed, one is married. I as 3rd daughter child, am only eligible as non-employed and non-married. 

I applied, and after just job interview in Nov 2021, next week I got married. 
Then bank HR came to know this and asked me about my marriage status, I told truth.

After two weeks, We got job rejection giving two reasons: 
1. Family estimated income is more than bank eligibility. (all death claim, retirement fund, pension etc), not sure they added my employed brothers also in family income.
2. Marital status changed before appointment by bank for compensation job.

So bank terminated my eligibility as per bank rules.

What we should do next, plz advice further.
Thanks
Apurva
Asked 10 days ago in Labour

2 answers received in 10 minutes.

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11 Answers

Marital status would not come in the way of jobs which have been granted by the Government organisations in case of compassionate appointments.

You should give a representation to the higher authorities and if they do not respond then file a case in the high court for denial of job under the compassionate appointment category.


Compassionate appointment cannot be denied to a married woman.

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

Married daughter is entitle to compensate appointment. This law is very much clear. 

Family estimated income - This is a bogus ground. Not maintainable. Approch High Court. 

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

1. Appeal against the rejection of your candidature to the Bank Ombudsman and request him to consider your case favourably.

2.  File a writ in either U.P. High Court or in the Supreme Court to consider your application on compassionate grounds and the Bank be directed to appoint you.

Shashidhar S. Sastry
Advocate, Bangalore
4100 Answers
258 Consultations

5.0 on 5.0

No one can claim employment as a matter of right. The job offer made to you was subject to the terms and conditions stipulated by the bank. If you do not satisfy the eligibility norms, the bank will reject the offer. There is no legal remedy.

Swaminathan Neelakantan
Advocate, Coimbatore
1838 Answers
18 Consultations

4.9 on 5.0

  1. Criteria of family income differ from bank to bank and it is a matter of fact which you can question furnishing necessary data.
  2. There cannot be denial of job on compassionate grounds on the ground of change of marriage status. It amounts to discrimination between married and unmarred candidate.
  3. Second ground of rejection can be challenged as it amounts of violation of right to equality guaranteed under Article 14.
  4. File a writ petition in High Court, A direction will be issued to bank to give you employment if you fulfill other conditions.

Ravi Shinde
Advocate, Hyderabad
2315 Answers
37 Consultations

5.0 on 5.0

If the same is eligible in the bank job scheme you can get it. Otherwise you need to file a writ petition in high court seeking the said job

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

There is no such law restricting the employer to provide employment to the married daughter of the deceased employee.

The employer cannot refuse to accept your application for employment on compassionate grounds if you have submitted the NOC from all other legal heirs of your deceased father.

Firstly you can prefer an appeal against the aggrieved decision before the higher office of the bank and if that is also rejected then you can file a writ petition before high court seeking justice, relief and remedy to this problem.

 

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

Dear Client,

It should be proven without a doubt that your family is in dire need of a regular income else it would end up in abject poverty. If you have any other sources of income like agricultural or rental income or any, then you are not qualified.

Thank You

Anik Miu
Advocate, Bangalore
4380 Answers
45 Consultations

4.9 on 5.0

Rajasthan High Court

ruled that a married daughter is entitled to a government job on compassionate grounds. The perception that a daughter is no longer a part of her father’s household after marriage and becomes an exclusive part of her husband’s household shows an outdated mindset, the court observed.

2) rely upon said judgment to prove that married daughter is entitled to compassionate appointment 

Ajay Sethi
Advocate, Mumbai
87216 Answers
6050 Consultations

5.0 on 5.0

- As per law, a married daughter is also 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, being the daughter of the deceased employee , you are eligible to get the compassionate appointment, on the condition that no other family members of the deceased 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
9478 Answers
107 Consultations

5.0 on 5.0

That is normal as they want to sell the post. 

 

If you want then You will get it by challenging in HC. 

We already did in Agra in my own family.

Ankur Goel
Advocate, Bangalore
430 Answers

4.9 on 5.0

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