compassionate appointment
Querist :
Anonymous
(Querist) 15 October 2015
This query is : Resolved
Sir(s),
A female employee of coal India ltd died in service,her daughter applied for employment on compassionate ground,the request was rejected by the management saying that "the marital status is suspicious". Company has a rule to give employment on compassionate ground to unmarried daughter only.
Then after, the minor son of the deceased lady applied for employment on compassionate ground,this was also rejected, as company has a rule that Male dependent of age more than 12yrs will be kept on live roaster and will be appointed on completion 18yrs of age.here the dependent son is between 11 and 12yrs as per school certificate but more than 12yrs as per service record of deceased employee.
Can this family be helped anyway...
Sudhir Kumar, Advocate
(Expert) 15 October 2015
One has to be honest with the facts while seeking any advise even if it is free.
You have nowhere confirmed if the daughter is married or not. Anyway deptt has ruled that she is not eligible.
deptt is not obliged to appoint below 18 son.
please note that employing child labour even as domestic help is a professional misconduct for any Govt employee. He can be dismissed from service.
Therefore you just cannot imagine any officer of coal india acting in official capacity to be proposing employing child labour in office and putting his own job at peril.
P. Venu
(Expert) 15 October 2015
What is the truth? Is the daughter married? What is her marital status?
K.S.Srinivas
(Expert) 15 October 2015
If the daughter is unmarried, then she is eligible for compassionate appointment.
Querist :
Anonymous
(Querist) 16 October 2015
Yes the daughter is married, "suspicious marital status" is reason stated by management for rejection.
Request for appointment by the son was made after attainting 18yrs of age ,he was of age 11yrs ,8months when her mother expired while in service.
T. Kalaiselvan, Advocate
(Expert) 18 October 2015
There seems no wrong in rejecting the application for appointment on compassionate grounds because the rules do not permit the prevailing situation.
However an application from the side of affected party to consider his case as a special or extraordinary case on humanitarian grounds may attract discretionary powers of the authority if they would like to help the pathetic legal heir of the deceased.
Sudhir Kumar, Advocate
(Expert) 19 October 2015
You are still choosing not to disclose facts as to whether or not the daugheter was married or not.
Anyway this decision is not challnaged and application made for son. In all probability the daughter knew that she has no claim.
Sudhir Kumar, Advocate
(Expert) 19 October 2015
first you said
"hen after, the minor son of the deceased lady applied for employment on compassionate ground,this was also rejected, as company has a rule that Male dependent of age more than 12yrs will be kept on live roaster and will be appointed on completion 18yrs of age."
now you say
"Request for appointment by the son was made after attainting 18yrs of age ,he was of age 11yrs ,8months when her mother expired while in service."
CAN YOU PLEASE COME WITH TRUTH.
Querist :
Anonymous
(Querist) 19 October 2015
I have no need to hide the truth.
If this is a forum of experts in law.
How can one say that a married daughter is not eligible for compassionate appointment. Which is in violation of article 14&16 of constitution. Clear case of discrimination on ground of sex
V R SHROFF
(Expert) 19 October 2015
COMPENSATE WHO ARE DEPENDENT ON DECEASED EMPLOYEE.
MARRIED D IS NO MORE DEP
Sudhir Kumar, Advocate
(Expert) 19 October 2015
How can one say that a married daughter is not eligible for compassionate appointment.
BECASUE GOVT INSTRUCTIONS ON THE SAME SAY SO.
Sudhir Kumar, Advocate
(Expert) 19 October 2015
Clear case of discrimination on ground of sex
ABSOLUTELY NO CASE OF GENDER DISCRIMINATION. EVEN MARRIED SON IS ALSO NOT ELIGIBLE.
Sudhir Kumar, Advocate
(Expert) 19 October 2015
"Violation of article 14&16 of constitution"
YOU ARE ABSOLUTELY WRONG.
COMPASSIONATE APPOINTMENT ITSELF IS VIOLATION OF ARTICLE 14&16. These provisions for bid ancestral claim on govt posts.
THIS ALLOWS A PERSON TO JOIN THE SERVICE WITHOUT ANY ADVERTISEMENT / EXAMINATION / COMPETITION AND EVEN UPPER AGE IS RELAXABLE.
The competition a candidate has to face is not on skill or qualification but on comparison of indignant conditions if there are more candidates then 5% quota of DR share of Gp C&D posts.
In this process equal opportunity is denied to some other candidate who may have appeared in the exam/ interview after hard work.
This also negates the Supreme Court guidelines which stipulate that more than 50% posts cannot be reserved. When, after reserving 50% for SC/ST/OBC (15+7+27), posts of general quota are further set apart for compassionate appointment / PH/ex-servicemen/ sports then it becomes 12% (5+3+2+2)of 6%. There by the reservation rises upto 56%.
This process has not been opposed by anyone and Govt has also been carrying on as welfare measure to give immediate succor to the starving family.
This just cannot be treated as undated cheque or a buried treasure to be redeemed at wish.
Querist :
Anonymous
(Querist) 24 October 2015
Thanks for everything.
