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mukharjee (nil)     05 February 2012

Compassinate job

Dear Sir,

My brother in law expired in 2000. he worked in a bank. my sister who passed Metriculation applied bank for job on compassionate grounds as she has two children.


Bank has sent a reply in 2006 saying that it can't give job as it has took a decision in 2005 that minimum qualification for giving job is degree.


When my sister applied for job in 2001, minimum qualification was Metriculation. But bank delayed for 5 years and now they are saying that higher qualification decision is taken in 2005. Meanwhile my sister completed degree and informed bank officially.

Can you please give us suggestion whether my sister is eligible for job on compassionate grounds. If yes can you provide soft copies of earlier judgements in support of your suggestion.

 

thanks

Mukharjee

 

 

 

 

 



Learning

 7 Replies

Kumar Doab (FIN)     05 February 2012

It appears from your post bank had a policy of compassionate employment and bank has delayed and to cover the delay bank is giving fancy answers.

The lady can use the RTI route to obtain the relevant policy from bank and RBI. Lady can also obtain it from employees union, and All India Bank employee's assc. AIBEA.

Lalita Joshi, joint secretary, All India Bank Employees Association (AIBEA) and convener, women wing of AIBEA, may be of some help to the lady.The bank unions are fighting for compasionate appointment and Ex Gracia etc.

It is felt that it shall be appropriate to submit a gentle representation to the Chairman of the bank explaining the incidences and request to clear the matter on priority say within one/two month as deemed fit at your end. If the o/o Chairman maintains a studied silence you can use route RTI/RBI to know the status of application. The lady may seek in writing under acknowledgment, an appointment in person from Chairman to present her case with facts, so that she is not pushed further and concerned official who has delayed the matter gets an award for affecting the widow of ex employee.

If the good offices do not provide relief the lady may very well approach a competent and experienced service lawyer and your lawyer shall reproduce the relevant judgments at the right time. In case of Rakes Kumar Vs Uco bank the delay was not found sufficient reason.


Attached File : 820236201 bank compassionate appointment.zip downloaded: 156 times

mukharjee (nil)     05 February 2012

Thank you very much sir,

since 2001 , we have put all efforts to get employment to my sister. Met union leaders, bank officials. At one stage they moved positively but later they kept quite for unknown reasons. We filed the case in 2007 but till now there is no progress in it. I will provide this information to my lawyer but it is getting too much delayed. Thanks once again.

Mukharjee

Kumar Doab (FIN)     05 February 2012

Try and obtain the bank policy on compassionate appointment and study it carefully.

Courts may into various factors e.g. financial health, amounts disbursed to the family of deceased employee,etc.

Your lawyer can apply to court for speedy proceedings.

mukharjee (nil)     05 February 2012

Thanks again for the information. I am in need of help on the following questions

1. in 2001, when applied for job on compassionate grounds, minimum qualification is Metriculation.

2. in 2005, bank replied that a decision is taken in 2005 that minimum qualification is degree.

had  her case disposed between 2001 adn 2005, my sister would have got the job. By 2005 she completed degree and informed bank. But no use. We approached court of law in 2007 after putting all efforts. Till now there is no any decision. I know courts are so flooded with many cases to help us. Because there is no financial aid my sister is strugling for surviving her two children. They are on streets.

Is this  injustice on bank part. Is it voilation of fundamental rights of a citizen. If yes how to get quick justice.

Thanks

 

 

V. VASUDEVAN (LEGAL COUNSEL)     06 February 2012

Write a petition to the Chairman/top executive of the bank, explaining how this stand of the bank is adversely affecting the family and the hardship faced. Seek for a compassionate decision. Senior Executives can view the matter in a broader perspective and provide relief. 

vasudevan

mukharjee (nil)     06 February 2012

Thank you sir. We already did it.  But it has been long back. So we do again. But is it correct to write now, when case is pending in court. I have no knowledge about it.

thanks

Sudhir Kumar, Advocate (Advocate)     13 March 2012

You can perhaps get non-cleriocal job

 

Such jobs are given only out of 5% of  Class III&IV posts (in direct recruitment quota) and comparative merit of the applicants is assessed.  Remember reservation beyond 50% is not allowed as per Supreme Court guidelines. The Govt sector jobs are already reserved to the extent of 50% (15 SC+ 27 OBC + 7 ST). Therefore even that 5% is to be taken from the proportionately by vertical reservation from the respective share of Sc/ST/OBC/gen category posts depending upon the category of the applicant. That being the case the share if gen candidate is 5% of 50% = 2.5% out of total Class III&IV posts (in direct recruitment quota) ,   and OBC it is 5% of 27% = 1.25% out of total Class III&IV posts (in direct recruitment quota) ,   for SC 5% of 15% = .75% out of total Class III&IV posts (in direct recruitment quota) ,   and for ST it will be 5% of 7.5% = 38% out of total Class III&IV posts. No job can be offered beyond that limit even if the applicants are large number


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