Brother and father died on May17,2021 due to corona on the same day. Brother got selected as TAX ASSISTANT in Central board of indirect taxes & SSC CGL 2018 exam. The final results got published in april,2021. brothers Document verification is also successfully done in January,2021. He was waiting for the appointment order to join. But sadly,even before receiving appointment order he expired. I have to look after my family now.Can i get that job based on compassionate grounds?
Will the deceased person be deemed to have died in harness even though he was yet to join ?
Can brother of deceased person seek compassionate appointment even though his brother was yet to get appointment order ?
As per your query, let me inform you that in the case of "N.C. Santhosh V. State of Karnataka & Ors", Dr. Justice D.Y. Chandrachud [Sitting Supreme Court Judge] held that “appointment to any public post is to be made in accordance with Articles 14 (Right to Equality) & Article 16 (Right to equal opportunity to all citizens in the matter of employment) of the Constitution of India and the Exception to this general rule is Compassionate Appointment”.
As per the ‘Office Memorandum’ issued by the Government of India via the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) dated 16.01.2013 wherein the subject related to compassionate appointment has been discussed:-
For the purpose of compassionate appointment, ‘Government Servant’ is defined as government servant appointed on regular basis and not a daily wage worker or a casual apprentice or a worker on a contractual basis; and Dependent Family member means spouse, son (also includes adopted son) and Daughter (also includes adopted daughter). In the case of the Government servant being unmarried (brother or sister), they will qualify as dependent family members who are completely relying on the Government servant at the time of his retirement on medical grounds or his death in harness.
Thus, as per this you won't be eligible to get a the job since your brother was not a working government employee, but would have been one if he would have survived. Therefore, since he died before he could be one of th Government Employee, you're not entitled to get the job.
Sorry for you loss! Take Care.
Regards,
Kevin M. Paul
