Chandresh (Tax Consultant ) 10 December 2009

Job on Compensatory ground in central

My Father was working in central excise deptt. , he was died during on duty from cancer on 06/05/2005, i have applied as a son to the same deptt. for the post of tax assistant on a compensate ground at 02/06/2005, after giving many reminders to the deptt. the said deptt. not employ me on the compensate ground , then I was file a caseagainst deptt. in CAT, ahmedabad bench on 1/10/2008 , the deptt. answered to the Hon. CAT that My case is closed after three years from the date of death of my father due to non availability of vacancy as per our deptt. circular. the CAT ordered on Dt. 16/06/2009 to the deptt. to consider my case within period of three months from the date of ORDER., but deptt. file a petition in the Hon. Gujarat Highcourt to stay against the ORDER passed by the CAT., Now... I am worry that how can I get a job. out of this Process, how much the possibility of my win....., somebody guide me...., the department oppose on the ground that we have not vacancy vacant for the last three years. the central board of excise and customs in delhi where deptt. of DOPM issues vacancy for the compensate ground each year 5% of the total vacancy fill by the deptt. through direct and Staff selection recruitment , the deptt. added that DOPM has issued some circular relating to three years time limit for the job on compensate ground.anybody help me please its urgent

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Daksh (Student) 02 January 2010

Dear Chandresh,

I do not know who and why someone suggested you to file case in CAT for this purpose. Initially itself you should have firstly represented to the department to be considered for appointment on "compassionate ground" to the concerned High Court in its Writ Jurisdiction. Secondly the concerned department is bound to have policy on the compassionate ground procure the same. There are some things which ought to have been read and understood by you previously i.e. Shanti Devi Judgement which states who can be considered to be within the meaning of family. Secondly there are judgement to the effect that after getting the monetary benefits the request on compassionate ground cannot be entertained , Further the departments have evolved the cretaria of quota system where jobs are offered on propotionate basis last but not least in your matter the question of limitation period is also important. If the department has gone in appeal before High Court try to get this appeal converted into a Writ Petition with the help of an Advocate who has got expertise in dealing service cases. One more thing in case the department is unable to accomodate you right now let there be a undertaking to the effect that whenever the vacancy exists your case can be considered on priority basis.

I hope this satisfies your query.

Thanks and best regard

Daksh