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BABU (CONSULTANT)     14 June 2021

Possibility of getting my father government job

On behalf of my wife, i am rsising this issue in this forum.

I am a dentist age 42 running my own dental clinic.My father is an ITS officer ,who was employed as GM in BSNL..He passed away in March 2013 (one month before his retirement).Including me, we are four daughters for him and I am the second one.My mother is a housewife and she is getting the pension.
Now my quiery is --
1.Is it possible to get a central government job against, my father's death during his service. 
2.If I can get it,what is the procedure for the same .
3.If I get that job,Will it affect the pension which my mother is getting at present.



Learning

 6 Replies

G.L.N. Prasad (Retired employee.)     15 June 2021

Please search the website of the DOPT or file RTI Application and seek a copy of such O & M that states the procedure of seeking compassionate appointment, terms, and conditions, eligibility, the process for applying for such appointment through the proper channel. Any subordinate of your father may guide you as they might have seen several such cases of appointment. You can also file RTI Application to DOPT with Rs.10 RTI fee through online RTI and can seek information as follows: Information solicited: Please provide me a copy of O&M/Order/Circular/Notification on eligibility and procedure for Compassionate appointment in case the public servant expires during service. The objective of such CA is that the deceased employee's family should not be pushed to poverty due to the death of the bread earner and through such appointment of the qualified dependent of the deceased, the deceased family should lead a respectable life. Hence claiming CA is not the right of the family members, and appointment authority should convince himself of such necessity..

I have my own doubts as most of the family members might have already settled well as the employee is on verge of retirement and as BSNL is reducing establishment costs and cutting down work force through VRS.
 

Vasundhara Singh (Student)     15 June 2021

Hello!  

The practice of giving jobs to only sons on compassionate grounds is set aside and many courts have clearly stated that a married daughter is also eligible to get a government job in the case of compassionate appointment but it has to be made sure that the daughter is ready to take responsibility of the dependants of the deceased person and she will not misuse her position.   

As you have mentioned here that the daughter is already working as a dentist for the past few years, it will be better for other daughters to apply for the job as you are already in an earning capacity. The retirement of your dad was just one month away so the duration of the service is only till the time of his retirement period. You are also eligible for an appointment on grounds of compassion.  

Allahabad High court in the case of Manjul Srivastava vs State of U.P. And 2 Others clearly stated that discrimination to give jobs only based on s*x will be violative of fundamental rights and no authority could do so. According to the court, both married son and daughter are equally eligible to get service after the demise of their father.  

The procedure to get the appointment is a fairly simple one and it goes as follows:  

  • The welfare officer in every department will meet the family of the deceased as soon as possible and inform them about the possibility of an appointment on compassionate grounds.  

  • At the first stage, the applicant will be called in personally to complete the required facilities.  

  • A committee of 3 officers, 1 Chairman, and 2 members of the rank of Director in the Ministry/Deputy Secretary consider the application for appointment in the light of instructions issued by the Department of Personnel and Training.   

  • The recommendation of the committee is placed before the competent authority and if they are not satisfied with the recommendation, then the case goes to the next higher authority for decision.  

If you get the job on behalf of your father, it will not affect the pension received by your mom as the pension is the right of the employee and after his demise, it is given to the dependants for their maintenance.  

Regards   

Vasundhara Singh  

P. Venu (Advocate)     15 June 2021

You can apply for the job on compassionate grounds. However, appointment in such cases is not a matter of right. It depends upon the number of vacancies and the eligibility of the applicant based on the extant norms. The appointment will have no impact on the family pension. 

In the instant case, there is not much probability in getting appointed on compassionate grounds.

T. Kalaiselvan, Advocate (Advocate)     16 June 2021

You have stated that your father died in the year 2013, but what were you doing all these eight years without taking any action to apply for job on compassionate grounds. 

Married daughter also eligible for job on compassionate grounds after father's death:  The Allahabad high court has reiterated that a daughter, irrespective of her marital status, is to be regarded as a member of a deceased government servant's family in the same manner as a son for a job on compassionate grounds.

The Karnataka HC has ruled that married daughters, too, are entitled to seek employment on compassionate grounds as they don't cease to be a part of the family after they enter wedlock. Half the world, and not even half a chance,” the court said, about the plight of Bhuvaneswari V Puranik from Bengaluru, whose representation for job on compassionate grounds was rejected because she is married.

One member or dependent of the deceased employee is eligible for employment under compassionate grounds with regard to the deceased employee who is reported to have died in harness.

If the other members of the household of the deceased employee are willing to give NOC to your wife, she can very well get this employment on compassionate grounds, provided the claim is not barred by limitation.

 

 

..

 

 

Sudhir Kumar, Advocate (Advocate)     16 June 2021

Compassionate job can be given on the lowest level of entry in Gp-C&D posts which means peon or at the most LDC.

 

First you have to make up mind whether you are ready for this jobh having been done BDS. 

 

Further more this job is given only as a measure of immediate support for the starving family.  In this case the family has survived since 8 years (nearly 1/4 of full pensionable service of an employee).  You have no case. The matter is not even worth the cost of postage and stationary.

 

There should have been no bar on you mother applying for the same immediately on death had she needed that job.

 

BABU (CONSULTANT)     16 June 2021

Thanks for your reply sir


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