Appointment on compassionate ground
Sanjay Kumar sahu
(Querist) 25 June 2016
This query is : Resolved
My father was working in BSNL Ranchi. He died on 03.03.2014. l got married on 13.02.2011 I.e. before father's death. In spit e of marriage I still residing with my father since marriage. I am facing conjugal right case launched by my husband before my father's death. Know I want to apply for appointment on compassionate ground. Can I apply and got appointment?
Devajyoti Barman
(Expert) 25 June 2016
Yes, you can apply for appointment on compassionate ground. However for this you require NOC from your mother and siblings, if any.
Refer the Service Rules of the organisation to find out whether it allows married daughter of the employee died in harness to apply or not.
The organisation though has power to relax such Rules n many occasions.
Kumar Doab
(Expert) 25 June 2016
Pursue the establishment's rules.
You may have the responsibility to maintain the deceased employ's family.
If everything is in your favor apply ASAP and don't delay.
Guest
(Expert) 25 June 2016
If this is the case of your sister, what about you, your mother and your other siblings?
Also, are you employed and looking after the family of your deceased father? Your married sister is not eligible for the post.
Kumar Doab
(Expert) 25 June 2016
>>> First of all get to know the rules and situations and solutions from seasoned colleagues/union leaders, and a very able counsel specializing in such/service matters.
Have you consulted the union?
They are available:
BSNL Employe’s Union
http://www.bsnleuchq.com/
>>> The issue of married daughters for compassionate appointment has been discussed in many threads at LCI e.g;
Married daughter can get father job:
http://www.lawyersclubindia.com/experts/Married-daughter-can-get-father-job--545666.asp
The detailed facts of the matters should be discussed in detail while drafting the representation and preferably in consultation with a very able counsel so as to foresee the objections that may occur and solutions either at the dept. level or thru court, later.
You may go thru:
Compassionate Ground Appointments-Change of Procedure
http://www.bsnleuap.com/docs/CGA_Change_of_procedure_011014.pdf
Compassionate Ground Appointments- Circle High Power Committee
Dated: 15-07-2015
http://www.bdpa.in/wp-content/uploads/2015/07/cga-appointment.pdf
You may also go thru in what conditions courts decide favorably.
Man wins fight against BSNL for compassionate posting
Apr 30, 2012,
"the individual is treated as living in indigent conditions and eligible for compassionate appointment but Dilip was given only 36 points. His claim was rejected by the circle high power committee in October 2010. ……………….“the bench added that the weightage point system adopted by BSNL was not in accordance with the instructions of the DoPT.”
http://timesofindia.indiatimes.com/city/chennai/Man-wins-fight-against-BSNL-for-compassionate-posting/articleshow/12928875.cms
----Madras High Court
B.Jayakumar vs Bharat Sanchar Nigam Ltd. (Bsnl) on 5 November, 2007
https://indiankanoon.org/doc/402347/
Married Daughters are eligible for compassionate appointment:
"in the case of married daughters, such cases are to be considered in terms of para 2 of Rly Board’s letter No. E(Eng)III/78/RC/1/1 of 3.2.81. Such applicants should have been wholly dependent on ex-employee at the time of death/invalidation. ( R.B’s No. E(NG)II/2001/RC-I/ER/5 of 21.11.2001."
https://rulemaster.wordpress.com/2010/10/18/basic-guidelines-for-compassionate-ground-appointment/
>>> DOPT Order 2013 – Compassionate Appointment – FAQs
June 7, 2013
12 Whether a ‘married daughter’ can be considered for compassionateappointment? Yes but subject to conditions:
i. That she was wholly dependent on the Government servant at the time of his/her death in harness or retirement on medical grounds
ii. She must support other dependents members of the family.
http://www.igecorner.com/doptorders/dopt-order-2013-compassionate-appointment-faqs/
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/14014_02_2012_Estt_D_16Jan2013.pdf
"Married daughter of deceased employee eligible for appointment on compassionate grounds
May 8, 2015
Madras High Court has made it clear that a married daughter of a deceased government servant is eligible for appointment on compassionate grounds subject to submission of no objection certificate of the other members of the family."
http://www.financialexpress.com/article/industry/jobs/married-daughter-of-deceased-employee-eligible-for-appointment-on-compassionate-grounds/70460/
G.Gnanavalli Vesus State of Tamil Nadu
W.P.NO.48363 OF 2006
(O.A.NO.2591 OF 2001)
https://indiankanoon.org/doc/148865113/
>>> You may also go thru, in what conditions courts decided unfavorably:
Don’t delay
Sh.Ravinder Kumar Versus Bharat Sanchar Nigam Ltd. and Ors.
http://delhicourts.nic.in/Nov07/Ravinder%20Kumar%20Vs.%20Bharat%20Sanchar%20Nigam%20Ltd..pdf
Relate with your own matter.
Consult a very able counsel specializing in such/service matters.
Kumar Doab
(Expert) 26 June 2016
MARRIED DAUGHTER IS ELIGIBLE FOR COMPASSIONATE APPOINTMENT.
Such matters are also a cause than mere case.
This is an interesting thread and moderation by seniors and experts is requested.
Kumar Doab
(Expert) 26 June 2016
The following has already been posted:
DOPT Order 2013 – Compassionate Appointment – FAQs
June 7, 2013
12 Whether a ‘married daughter’ can be considered for compassionateappointment? Yes but subject to conditions:
i. That she was wholly dependent on the Government servant at the time of his/her death in harness or retirement on medical grounds
ii. She must support other dependents members of the family.
http://www.igecorner.com/doptorders/dopt-order-2013-compassionate-appointment-faqs/
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/14014_02_2012_Estt_D_16Jan2013.pdf
Other relevant publications have also been posted.
Kumar Doab
(Expert) 26 June 2016
Why is it that a married daughter of a deceased government employee is not eligible for appointment under compassionate grounds while a married son is eligible?
There cannot be any discrimination between a married son and a married daughter…. Making discrimination between a son and a daughter on the ground of marriage is arbitrary and violation of fundamental right to equality.
Kumar Doab
(Expert) 26 June 2016
The case in the thread and other cases may seem to be strikingly similar:
Since..............(daughter) was the eldest among them, and also because she had been deserted by her husband and living with her father at the time of the latter’s death, she sought employment under compassionate grounds. She also furnished a copy of her divorce decree dated September 9, 1999.
The authorities rejected her plea on September 16, 2002 stating that she was not entitled for a compassionate appointment because she was married.
When she has come with a plea that she was deserted by her husband and a decree of divorce was granted, and that she was under the care and control of her father at the time of his death, the government cannot deny compassionate appointment on the ground that the divorce was obtained after the death of her father,
Kumar Doab
(Expert) 26 June 2016
BSNL circulars can be pursed at:
HR Compendium of BSNL:
http://www.aibsnleachq.in/HRCOMP.htm
Compassionate Ground Appointment
Compassionate Appointment Scheme - under Central Government 268-206/98-STN-II dtd10.2.1999:
(http://www.intranet.bsnl.co.in/bsnl/intranetsite/BSNL_HR_Manual_Version_1_11_4_2013/Estt/AGM%20Pers-IV/Compassionate%20Appointment%20Scheme%20-%20under%20Central%20Government%2010.2.1999.pdf)
Compassionate ground appointments - clarifications reg . 268-101/2002-Pers-IV dtd 1.10.2002:
(http://www.intranet.bsnl.co.in/bsnl/intranetsite/BSNL_HR_Manual_Version_1_11_4_2013/Estt/AGM%20Pers-IV/Compassionate%20ground%20appointments%20-%20clarifications%20reg.%201.10.2002.pdf)
Compassionate Ground Appointments(CGA)-Policy guidelines regarding 273-18/2005-Pers-IVdtd 27.6.2007
http://www.intranet.bsnl.co.in/bsnl/intranetsite/BSNL_HR_Manual_Version_1_11_4_2013/Estt/AGM%20Pers-IV/Compassionate%20Ground%20Appointments%28CGA%29-Policy%20guidelines%20regarding%2027.6.2007.pdf
Kumar Doab
(Expert) 26 June 2016
Married daughter also eligible for compassionate appointment:
The published verdicts are as recent as;
Mar 18, 2016
Kumar Doab
(Expert) 26 June 2016
After the verdicts:
'government ............. announced that a married daughter will now be eligible to get government job on compassionate grounds in the event of death of her father.
The decision was taken at a cabinet meeting chaired by chief minister..........
The cabinet cleared draft for the proposed law removing the word 'unmarried' and to write brother/sister instead of the existing format that reads brother/ unmarried sister.
The policy, till date, had excluded married daughters for consideration of government job of her deceased father/mother. It was decided to amend Sections 3.5 and 6 general administration department's circular dated June 10 and 16, to remove the word 'unmarried'. Parent's recommendation for married or unmarried daughter and son would be a mandate for compassionate appointment.
The decision comes soon after a writ petition was filed by Sarojini Bhoi challenging the legality and validity of the clause of state government on the ground that she wasn't given job of her father after he passed away in 2011.
Kumar Doab
(Expert) 26 June 2016
1. The following pertinent observation made by Their Lordships of the Supreme Court in the matter of:
Miss C.B. Muthamma v. Union of India and others
.... in the context of Indian Foreign Service (Conduct and Discipline), Rules,1961 which prohibits appointment of married woman to such service, aptly and squarely applies to the facts of present case:-
“6.…..Our women is a said reflection on the distance 1 AIR 1979 SC 1868 2 between Constitution in the book and Law in action. And if the book and Law in action. And if the Executive as the surrogate of Parliament, makes rules in the teeth of Part III, especially when high political office, even diplomatic assignment has been filled by women, the inference of die-hard allergy to gender parity is inevitable.”
2. Similarly in the matter of Madhu Kishwar v. State of Bihar2 the Supreme Court while taking note of discrimination being suffered in silence by Indian women observed as under:- “28……..Self-sacrifice and self-denial are their nobility and fortitude and yet they have been subjected to all inequities, indignities, inequality and discrimination.”
3. Likewise, in the matter of Voluntary Health Assn. of Punjab v. Union of India3 Their Lordships of the Supreme Court observed as under:- “20. It would not be an exaggeration to say that a society that does not respect its women cannot be treated to be civilised. In the first part of the last century Swami Vivekanand had said: ‘Just as a bird could not fly with one wing only, a nation would not march forward if the women are left behind.’ ”
Kumar Doab
(Expert) 26 June 2016
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 296 OF 2014
Smt. Sarojni Bhoi W/o Janmajay Bhoi aged about 28 years village Bhiktapali Tahsil Basna District Mahasamund (CG) P.S. Basna
---Petitioner Versus
1. State of Chhattisgarh, through the Secretary General Administrative Department New Mantralaya Raipur (CG)
2. Secretary Water Resource Department New Mantralaya Raipur (CG)
3. Collector Mahasamund District Mahasamund (CG) ---Respondents
Hon’ble Shri Justice Sanjay K. Agrawal C A V Order 30 /11/2015
http://www.cghighcourt.nic.in/Afr/courtJudgementandAFR/2015/Nov/wps296of2014.pdf
Kumar Doab
(Expert) 26 June 2016
Another publication as recent as:
Dec2,2015
The state government had rejected her application holding that as per clause 3 (1)(c) of the policy dated 10/06/2003, the married daughter of the deceased government servant is not entitled to compassionate appointment.
Kumar Doab
(Expert) 26 June 2016
The court decided that:
Madras High Court:
The Director Of School Education vs Mrs.Kayalvizhi on 23 April, 2015
https://indiankanoon.org/doc/95649421/
3. The ratio which arises from the afore-stated observation is, that a married daughter is eligible for consideration subject to submission of 'no objection certificate' of other members of the deceased family and also with an undertaking from her and her husband that she will take care of the other members of the parents' family.
Kumar Doab
(Expert) 26 June 2016
Madras High Court:
P.R.Renuka vs Director Of Animal Husbandry on 27 October, 2014
https://indiankanoon.org/doc/113188505/
Accordingly, the impugned order is quashed and a direction is issued to the respondents to consider the claim of the petitioner for compassionate appointment without reference to the marriage of the petitioner and to pass appropriate orders in the light of this judgment within a period of eight weeks from the date of receipt of a copy of this order."
Kumar Doab
(Expert) 26 June 2016
Another publication as recent as:
December 5, 2015
Married daughters should be considered for appointment on compassionate grounds:
The Allahabad High Court on Friday ruled that married daughters of deceased government employees should be considered for appointment on compassionate grounds under the Dying in Harness Rules.
It held that the state government’s existing policy of extending the facility to only unmarried or widowed female offspring was “unconstitutional” and violated fundamental rights.
The petitioner had contended that the government policy was “discriminatory” and in violation of the Right to Equality as enshrined in the Constitution, since the marital status of sons of deceased government officials did not impact their eligibility for appointment on compassionate grounds.
The petitioner had challenged the rejection of her request for a job on compassionate grounds by the District Magistrate of Azamgarh, who had remarked that as per Uttar Pradesh Recruitment of Dependants of Government Servants’ Dying-in-Harness Rules requests of only widowed or unmarried daughters could be accommodated.
The court was of the view that “a married daughter cannot be deprived of her right merely because of her marital status” and termed as “not acceptable” the state government’s contention that “daughters, upon their marriage, become a member of their in-laws’ family and being looked after their husbands, they are not included among the dependants of the father”.
The court pointed out that the exclusion of married daughters violated Articles 14 (Right to Equality), 15 (prohibition of discrimination on the grounds of sex, religion, caste etc.) and 16 (equality of opportunity in matters of public employment).
Kumar Doab
(Expert) 26 June 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD
Chief Justice's Court AFR
Case :- WRIT - C No. - 60881 of 2015
Petitioner :- Smt. Vimla Srivastava
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Santosh Kumar Srivastava,Nitin Kumar Rai,Pavan Kumar Singh
Counsel for Respondent :- C.S.C.
WITH
Case :- WRIT - C No. - 14853 of 2015
Petitioner :- Smt. Deepti
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- B. Narayan Singh
Counsel for Respondent :- C.S.C.
WITH
Case :- WRIT - C No. - 20204 of 2015
Petitioner :- Smt. Priyanka Srivastava
Respondent :- State Of U.P. & Another
Counsel for Petitioner :- Jeevan Jee Srivastava
Counsel for Respondent :- C.S.C.
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do
Kumar Doab
(Expert) 26 June 2016
The above citations, publications should effectively handle the circulars issued by BSNL way back in year 2007 and some citations in the kitty of BSNL e.g:
Central Administrative Tribunal - Ernakulam
Divyadas P vs 3 The Circle High Powercommittee on 22 July, 2009
https://indiankanoon.org/doc/88683750/
2…………….The employment opportunity has been denied to her on the basis of a new scheme which has come into force only in 2007 according to which married daughters are not entitled to be considerd for appointment on compassionate grounds.
3……………The Hon'ble Apex Court has ruled that granting of appointment on compassionate grounds without assessing the financial positiion of the family is impermissible. They have also produced Annexure R-1(c) policy guidelines according to which the powers rested with High Power Committee were withdrawn and made the Corporate office the authority in such matters…………………………….. the married daughters will not come under the purview of the scheme, They relied on the judgment of the Hon'ble Supreme Court in Umesh Kumar Nagpal Vs. Stae of Haryana and Others (JT 1994(3)SC 525), Life Insurance Corporation of India Vs. Mrs. Asha Ramachandra Maberkar and Other (JT 1994(2) SC 183) and Himachal Road Transport Corporation Vs. Dinsesh Kumar (JT 1996 (5) SC 319)
4. The applicant filed rejoinder stating that she was wholly dependent on the Govt. Servant at the time of death of the govt. servant. …………
7. The OM dated 9th October, 1998 at Annexure R-1(a)(i) governs compassionate appointment under Central Government. According to Annexure R-1(a)(i) "a daughter" (including adopted daughter) who was wholly dependent on the Government seravant at the time of his death in harness or retirement on medical grounds is eligible for compassionate appointment. Due to the time lag between the approval by the High Power Committee and the issuance of the order of appointment by the administration, the applicant lost opportunity to get a job on account of her father dying in harness. Now being a married daughter, she cannot be treated as wholly dependant on the mother for her welfare.
Guest
(Expert) 26 June 2016
Kumar ji,
At least in this particular case, the sister of the querist will not be eligible to get compassionate appointment, until she gets divorce, the whole family depends upon her support, and also that none of her other siblings have the first right to get appointment. So, we should not give him false hope.
Kumar Doab
(Expert) 26 June 2016
Dhingra ji,
One thing that I don't do, and I have not been doing and am certainly not doing now also, is that 'Not give him the false hope'.
I fully agree that 'we should not give him false hope.'
Within my limited understanding I am trying to post as much as I can to attempt to pave the way, if possible.
The author has posted in very first post that:
" l got married on 13.02.2011 I.e. before father's death. In spit e of marriage I still residing with my father since marriage. I am facing conjugal right case launched by my husband before my father's death. "
I have tried to post in subsequent posts accordingly.
The author should apply without any delay and try to align representations as per the inputs that we have been able to share and lean on his/her able counsel' ability.
Guest
(Expert) 26 June 2016
Dear Shri Kumar,
I know you have taken a lot of pains to provide all such long information, but have you seen any reply of the querist to my query, which entail the most essential criteria to judge eligibility of his sister?
In fact your labour is lost in the absence of the most essential information by the querist. Those judgments would have been benficial had he broght forward any characteristics and circumstances of his case matching with any such court judgment. But he preferred to keep silent, as if he was testing the experts or enjoying competitive response from experts.
Kumar Doab
(Expert) 26 June 2016
@ Author,
You must have replied to the points raised by senior Expert Shri P.S.Dhingra.
You must reply now!
Kumar Doab
(Expert) 26 June 2016
Respected Shri P. S. Dhingra,
Sir,
The generic belief has been 'Married daughter is not also eligible for compassionate appointment'.
I got prompted to explore, exert and point out that; 'Married daughter also eligible for compassionate appointment'.
The subsequent posts were to press further that ' 'Married daughter also eligible for compassionate appointment'.
The sequence of the posts and citations were drafted to align to make believe that it is possible that ' 'Married daughter also eligible for compassionate appointment'.
I also requested for moderation and inputs from seniors and experts.
The readers shall get cues and inputs from this thread in which you have made your valuable contribution.
Once the readers have a glimpse of the possibilities they shall be approaching the able counsels.
The purpose of my posts, thus was to get befitted from enriching discussion.
The task at the hands of author is challenging but there is light to move ahead.
I am sincerely thankful to you for all the enriching posts by you in all threads.
We also look forward for enriching threads and moderation by experts.
Guest
(Expert) 26 June 2016
Dear Kumar,
compassionate appointments are regulated by certain set of rules, whereas courts interfere only when injustice is made by violating the set rules. Courts do not scrap the original rules prescribed by the executive, unless the same are declared unconstitutional. We have to go by the spirit of rules as well as the canons of natural justice. No court judgment can be enforced each and every case of compassionate appointments unless the characteristics, nature and the background histroy matched the judgment.
Kumar Doab
(Expert) 26 June 2016
Respected Senior Expert Shri P. S. Dhingra,
Sir,
Moderation by seniors and experts like you always lead us to gain immensely.
I am admirer of your wisdom, knowledge and expertise.
I feel that subsequent to your posts setting the course of discussion what is left to be done by the author and readers is to engage a very sharp counsel specializing in service matters and start preparing for representations in the matter.
I pursued the rules /policies, regulations....................and decisions terming these unconstitutional.
I have pursued some decisions ............which were contrary........... and which decided that married daughters as per so called rules/policy were not eligible. I also found that the same court ( Chief Justice) passed a decision in favor of married daughters.
I have also pursued some decisions that decided that married daughters are eligible and the so called rules/policy etc are “discriminatory” and in violation of the Right to Equality as enshrined in the Constitution and holding that that the state government’s existing policy of extending the facility to only unmarried or widowed female offspring was “unconstitutional” and violated fundamental rights, ruling that married daughters of deceased government employees should be considered for appointment on compassionate grounds under the Dying in Harness Rules, and issued direction , to consider the claim of the petitioner for compassionate appointment without reference to the marriage of the petitioner and to pass appropriate orders in the light of………… judgment and set the time period ( eight weeks) from the date of receipt of a copy of …… order."
The court decided that…………………………….married daughter of a deceased government servant is eligible for appointment on compassionate grounds subject to submission of no objection certificate of the other members of the family……………………………..The court also also added that her husband of married daughter should also sign undertaking …………………………….. a married daughter is eligible for consideration subject to submission of 'no objection certificate' of other members of the deceased family and also with an undertaking from her and her husband that she will take care of the other members of the parents' family.
While hammering the decisions the courts have deliberated upon pertinent points……………………….. Why is it that a married daughter of a deceased government employee is not eligible for appointment under compassionate grounds while a married son is eligible? …………………There cannot be any discrimination between a married son and a married daughter…. Making discrimination between a son and a daughter on the ground of marriage is arbitrary and violation of fundamental right to equality.
The DOPT order does not rule out married daughters………………
DOPT Order 2013 – Compassionate Appointment – FAQs
June 7, 2013
12 Whether a ‘married daughter’ can be considered for compassionateappointment? Yes but subject to conditions:
i. That she was wholly dependent on the Government servant at the time of his/her death in harness or retirement on medical grounds
ii. She must support other dependents members of the family.
If there is any discrimination still left that executive shall not dare to remove fearing precedence or anything else……………………the courts shall remove.
The unions are also there to take up the matter with executive.
Most importantly post the judgments the state/executive have passed the decisions allowing married daughters for compassionate appointment. The state and executive did not fail to note the ………………………rather,…………..scathing remark ……………………………. to write brother/sister instead of the existing format that reads brother/ unmarried sister.
The cabinet promptly cleared draft for the proposed law removing the word 'unmarried' and to write brother/sister instead of the existing format that reads brother/ unmarried sister.
I had not posted the following citations and feel that these should also be place before wise experts.
REPORTABLE IN THE SUPREME COURT OF INDIA
CIVIL APPELLALTE JURISDICTION
CIVIL APPEAL NOS.409-410 OF 2015
(Arising out of S.L.P. (C) Nos. 20840-41/2014)
Vijaya Ukarda Athor (Athawale) ..Appellant
Versus
State of Maharashtra and Ors. ..Respondents
The State Government has taken a Policy Decision on 26.02.2013 and held that the married daughters are also entitled for compassionate appointment subject to certain conditions.
http://judis.nic.in/supremecourt/imgs1.aspx?filename=42294
Bombay High Court
Smt. Ranjana Murlidhar Anerao vs The State Of Maharashtra & Ors on 13 August, 2014
https://indiankanoon.org/doc/16051346/
A married daughter does not stop being a part of her parents' family, the Bombay high court has ruled in a landmark order.
The state's rules that discriminate against a married daughter and exclude her from the purview of the expression "family" were unconstitutional and infringed on fundamental rights
"Gender discrimination is prohibited (by) the Constitution," said the judges. "The government resolution of 2004 to the extent it excludes a married daughter from being considered a member of the family ……………………………….. is discriminatory and violative of the Constitution."
The state government rules say "family" includes the husband, wife, major son, major unmarried daughter, daughter-in-law, dependent parents, legal heir and adopted son.
A divorced daughter could be considered part of the family
The state's lawyers defended the rule, saying that when a daughter gets married, she moves out of her family and could not be included in the expression "family" of her parents.
The high court pointed out that according to the state's rules, a major daughter before her marriage would be eligible to be treated as a member of the family of her ………………………Similarly, a divorced daughter, too, would fall within the definition of family. But even if a married daughter is supporting her parents in their old age, she would be excluded ………………………………...
"This exclusion of a married daughter does not appear to be based on any logic or other justifiable criteria. Marriage of a daughter who is otherwise a legal representative………..
Guest
(Expert) 26 June 2016
In fact it was not a legal problem of the querist unless her sister got any rejection letter from BSNL with reasons quoted on that. He has not tried with the management of BSNL.
Further, we are not discussing here the merits and demerits of the court cases or the unconstitutionality of the the rules. Here the question is of eligibility of her sister as per the set parameters of prescribed rules.
If liked, her sister may try her luck, if amongst other various conditions, the Rules of BSNL have been set aside by the competent court of law or she is considered as eligible over and above her mother, the very first eligible person, or other elder unemployed eligible siblings, also by keeping her marital status intact, or she can get appointment without the availability of post or over and above the fixed quota for compassionate appointments.
Any more waste of time in such a debate is not advisable, where the querist has failed to provide the very basic facts of the case.
Only can wish good luck to her.
Kirti Kar Tripathi
(Expert) 27 June 2016
Dear Kumar,
I am in full agreement with your comments. Good research
Kumar Doab
(Expert) 27 June 2016
Dear Mr. Kirti Kar Tripathi,
Sir,
I am thankful to you for your encouragement.
With Regards
KumarDoab
Kumar Doab
(Expert) 27 June 2016
Respected Shri P.S.Dhingra,
Sir,
I am sincerely thankful to you for your moderation.
It is in the above posts;
“the bench added that the weightage point system adopted by BSNL was not in accordance with the instructions of the DoPT.”
and
"DOPT Order 2013 – Compassionate Appointment – FAQs
June 7, 2013
12 Whether a ‘married daughter’ can be considered for compassionateappointment? Yes but subject to conditions:'
BSNL is also accountable.
You are right. The author has not posted despite yours and my reminder to him.
Beyond this the author can seek consultation in person from his able counsel.
I once again post my heartfelt thanks to you for your valuable guidance in this and all threads.
With Regards
KumarDoab'
Guest
(Expert) 27 June 2016
You are welcome, Kumar. To make my point more clear, without the executive becoming the cause of any problem by violation of any rule or Government instructions, intervention of law is not called for.
Here the author of the query has not made any mention of any such problem having arisen from the side of BSNL that would have violated rules on the subject matter. So, as per my opinion, quotation of any case law was not called for merely on the basis of our assumptions.
The author should have discussed the real problem along with the information asked for by me. He has merely adopted silence on the issue.
Kumar Doab
(Expert) 27 June 2016
Sir,
The author has still not posted any reply.
Subsequent to the discussion author can seek consultation in person from his able counsel.
You are big hearted and kind.
In this thread also you have made it enriching for everyone.
We are fortunate to have you and all experts around.
Guest
(Expert) 27 June 2016
You are welcome again, Kumar.
Guest
(Expert) 27 June 2016
As per my guess, author's is not a case about legal justice, rather an illegal attempt to seek help to grab the post for his sister over & above the right of some other eligible candidate. So, I don't expect the author would come forward with the real facts with reply to my queries, if the other members of his family would have been well settled with appropriate employment or business/ profession.
So, before any advice/ solution, we have to examine the query on executive as well as judiciary angle.
SAINATH DEVALLA
(Expert) 28 June 2016
What more to add when everything has been put in detail by Mr Kumar Doab and ably replied by the other legal experts.
Kumar Doab
(Expert) 28 June 2016
Respected Shri P.S.Dhingra,
Sir,
It is noted that the author has been silent.
The officials in High Powered Committee and officials entrusted with task of assessing the Indigent Condition, work with certain assessment parameters and shall inquire.
The author shall not be able to conceal from seasoned officials.
Post their report suitable action shall be taken.
The author must not deem the seasoned officials as novice.
Kumar Doab
(Expert) 28 June 2016
Dear Mr. Sainath Devalla,
Sir,
Many thanks for your encouragement.
The learned experts and moderation by them has helped to make the thread enriching.
As rightly observed by Expert Mr. P.S.Dhingra, the silence of author is a notable point.
With Regards
KumarDoab
Kumar Doab
(Expert) 26 July 2016
It is for the benefit of readers.
The following decision may set new precedence's.
'Son adopted by Wife of deceased employee, after death of Employee' is eligible for Compassionate Appointment.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.24521 of 2015
Date of decision:20.07.2016
Sukhwinder Kaur ...Petitioner
Versus
State of Punjab and others ...Respondents
file:///C:/Users/Login/Downloads/CWP_24521_2015_20_07_2016_FINAL_ORDER%20(1).pdf
http://phhc.gov.in/enq_caseno.php?var1=CWP&var2=24521&var3=2015
Raj Kumar Makkad
(Expert) 22 August 2016
I have no other option but to concur with the advice of Doab.
Kumar Doab
(Expert) 25 August 2016
The judiciary has been delivering judgments that pave the way for relief to daughters.
It is for the benefit of readers.
The following decision may set new precedence's.
"No rationale in including unmarried daughters but excluding divorced daughters."
In the High Court of Punjab and Haryana, at Chandigarh
Letters Patent Appeal No. 1721 of 2015
Date of Decision: 29.07.2016
Khajani Devi ... Appellant(s) Versus Union of India and Others ... Respondent(s)
CORAM: Hon'ble Mr. Justice Mahesh Grover. Hon'ble Mr. Justice Shekher Dhawan
Single bench judge Punjab and Haryana High Court at Chandigarh had decided that ‘the divorced, unemployed daughter of a freedom fighter would not be entitled to family pension after the death of her parents.
The division bench of Justice Mahesh Grover and Justice Shekher Dhawan has accepted the appeal against the single-judge order.
The high court division bench said that the object of the clause in Swatantrata Sainik Samman Pension Scheme, 1980, was that one member of the family be paid, hence Khajani was eligible.
The bench, observing that pension schemes were intended to honor the valor of the uniformed people who laid down their lives or suffered for the cause of the country. “We would, thus, not place any demeaning interpretation on the scheme to deprive the unsung heroes of the country of benefits meant to ensure a life of dignity to their dependents,” the bench said, adding there was no rationale in including unmarried daughters but excluding divorced daughters.
Sanjay Kumar sahu
(Querist) 06 November 2016
I am working under indian railway at hyderabad. My mother has died 12 years before the date of death of my father. All other sisters are married and I also married. All my sisters and I are living separately before the death of my father. Only the sister( I am talking about) was living with my father and was dependent on my father.
Now as per advice my sister has applied for appointment on compassionate ground. A letter from BSNL has received. The office has told my sister to submit NOC from all dependent family members and also directed to submit Succession Certificate. My sister has submitted required NOC but BSNL is still saying to submit Succession Certificate. There is no dispute among all dependent family members regarding appointment of my sister.Then why BSNL is rigid about Succession Certificate.
Kumar Doab
(Expert) 06 November 2016
Submit Legal heir certificate and NOC, ASAP, under proper acknowledgment.
Legal heir certificate is issued by Tehsildar after investigation/verification report by revenue officer.
Kumar Doab
(Expert) 06 November 2016
Your last query has been addressed in another thread at:
http://www.lawyersclubindia.com/experts/Regarding-submission-of-succession-certificate--620946.asp
Guest
(Expert) 06 November 2016
As you stated, "I am working under indian railway at hyderabad" persons already employed are not provided with compassionate appointment.
However, if you have already been advised in your latest thread by one expert to get benefitted by the advice of Shri Kumar Doab, you must try that.
Sanjay Kumar sahu
(Querist) 06 November 2016
Sorry Sir, The given problem is of my sister. She is applicant for compassionate appointment. I am not applicant.
Kumar Doab
(Expert) 06 November 2016
You have not just posted that:
""I am working under indian railway at hyderabad""
In the same post 2nd para para you have posted that;
"Now as per advice my sister has applied for appointment on compassionate ground."
Kumar Doab
(Expert) 06 November 2016
It has been noted in your second post that;
"This is the case of my sistet'
The issue of married daughter has been discussed.
Guest
(Expert) 06 November 2016
OK, by ignoring other family members, your married sister cannot be the successor of your father.
Sanjay Kumar sahu
(Querist) 06 November 2016
NO, my sister is not ignoring other family members. But all brother and sisters are giving him NOC regarding her appointment on compassionate ground. Since all family members konwing the fact that she is living separate from her husband and facing a court case of conjugal right. There is no dispute among siblings regarding appointment.
Guest
(Expert) 06 November 2016
Mr. Sanjay Kumar Sahu,
May be your own case or your sister's case, why inviting more and more controversies? My advice is why wasting your time on this site by getting varied and contradictory responses to your query, while neither the LCI, nor the experts can compel BSNL to give compassionate appointment?
Why not try your luck with the advice of Shri Kumar Doab and get benefited, if you can? But, must post the final result of your efforts or your sister's efforts as per his advice.
I can only wish you the BEST of luck.
Kumar Doab
(Expert) 06 November 2016
Your query is this thread and other thread at:
http://www.lawyersclubindia.com/experts/Regarding-submission-of-succession-certificate--620946.asp
has been addressed in detail.
Your latest point on succession certificate has also been highlighted for your ready reference.
Hope you have carefully gone thru the paras on reply to need of succession certificate?
If not go thru again and carefully and slowly this time.
It is not understood why you are mingling the compassionate appointment of your sister with death benefits collected by you as nominee?
Did you distribute the death benefits with other legal heirs?
While you post your final reply quote these paras also.
Have you consulted a very able counsel specializing in service matters at your own location?
Your own counsel must have opined on your repeated post on succession certificate?
If yes what is the opinion of your own counsel?
Sudhir Kumar, Advocate
(Expert) 26 June 2016
