Compassionate appointment
sushant
(Querist) 05 July 2016
This query is : Resolved
my father was expire on 2005 while working as headmaster in govt ashram school of maharashtra after that we application for compassionate appointment and my brother get appointment as untrain primary teacher in same department in 2006 and in2009 he complted his shikshan sevak in jun 2010 he aqaire req qlalification and give proposal to department for regulation of service in permanant scale at that his department i.e tribal department thane came to know that compassionate appointment will given to olny class 3 and class 4 employee and they give notice as ur father is class 2 officer u have no right so we reply for that notice in proper way after we many time pray for regulation of service but they igonore at the end we decide to go in court so we appeal in maharashtra administrative tribunal and till now case in pending in court some day before department give termination order
some important fact of case
1) at the time of applying we clearly mentioned that my father was headmaster so we didnt hide any informantion
2)at time applying my brother is studing as bsc agree 2nd year he left stuydy and join service because of responicibility if they told that time about gr he continue his study and go in higher possition than now
3) in genral any recrument to cheak qlalification of candidate eligibility of candidate or gr related to post to cheak all this thing it is responcibility of respective department and not of that candidate so while giving apointment why u not cheack this thing
4)rightnow my brother is age of 30 he complted 10 year service now he have one daugher now u give termination without thinking now what to do
5) most important till from 2006 to 2010 he get 1500 and from 2010 to till he get 3000 per month now tell daily wage worker who work in farm get 400 per day i.e 12000 per month then also he work for 3000 by thinking that he will get justice
is this ur justice without thinking giving termination...... pls i need suggetion from you thnk u in advance
Sudhir Kumar, Advocate
(Expert) 06 July 2016
Tried to confuse well.
It appears that your brother has been appointed as Primary teacher on compassionate ground which is class-II post.
It is true that compassionate appointment will given to olny class 3 and class 4 posts.
If he was appointed as primary teacher and had higher education then nothing prevented him to keep applying for higher post on merit like millions of govt servants do.
also nothing prevent him to join in private sector including farm laborer if it had better prospects.
You seem to be forgetting that in Indian legal system farmer is the only employer on whom no labour law applies and has till today an absolute right to put any atrocities (except violence)on his workers.
Sudhir Kumar, Advocate
(Expert) 06 July 2016
you said
" in genral any recrument to cheak qlalification of candidate eligibility of candidate or gr related to post to cheak all this thing it is responcibility of respective department and not of that candidate so while giving apointment why u not cheack this thing"
not understood what do you mean do you mean that candidate has no responsibility to see whether at all he is eligible or not.
If that is so then why thousands of govt servants have lost jobs for having entered in service without qualification due to the mistake of dealing clerk.
Kumar Doab
(Expert) 06 July 2016
You have posted on; Regularization, Termination, being underpaid ............
The employer has attempted to close the matter in MAT by termination.
You are left with choice to contest termination, on merits.
What is the opinion of your own counsel.
R.K Nanda
(Expert) 06 July 2016
Nothing to add.
Rajendra K Goyal
(Expert) 06 July 2016
Contest the case in MAT on merits.
Agree with the expert Kumar Doab.
P. Venu
(Expert) 06 July 2016
It appears, from the facts stated, that your brother was not appointed on compassionate grounds, but was only allowed to work on ad hoc basis, may be, on sympathetic consideration. The only solution is in trying to get a decision on merits from the MAT.
Itr is surprising that the MAT is taking so many years to decide a simple matter!
sushant
(Querist) 06 July 2016
Thanx all your openion may I clear some doubt Mr sudhir Kumar sir we never confuse to anyone and at the time applying we clearly mentioned that my father was headmaster so and we have require qualification but to check abt gr as per my view it totally department work and he is now education D.Ed and how can we better job in private sector I don't want to accuse anyone but one thing I want to truely said that after doing 10 year only on 3000 and termination what will be condition of that. Person other will never knw it is easy to say he he will get better job
sushant
(Querist) 06 July 2016
Mr kumar doab and rajendra sir I didn't get ur point pls explain Mr venu sir apoint is given in composite basis and about gr department came to know in after 4 year from appointment and after giving notice they have taken 6 year to take action and we go in court I'm December 2015 now it just 6 month over sir not long time
sushant
(Querist) 06 July 2016
Mr kumar doab and rajendra sir I didn't get ur point pls explain Mr venu sir apoint is given in composite basis and about gr department came to know in after 4 year from appointment and after giving notice they have taken 6 year to take action and we go in court I'm December 2015 now it just 6 month over sir not long time
sushant
(Querist) 06 July 2016
Expert sudhir Kumar primary teacher is not class 2 post its class 3 post and i think sir u didn't get my point they have objection on my father post not on my brother post my father was class 2 post and as per govt gr compensate apoint will give to family of govt employees who is expire while working in class 3 and class 4 post more tragedy is their I study some other department cases just find two three cases in which they have given appointment on compansite basis even their father was class2 officer both case are of irrigation department first case her father was asst engineer and in other case his father is branch engg I search that post then I came to knw that that both post are in class 2 ............so my query is that the department where my father was working is come under govt of Maharashtra and that of 2 case which I tell that are from irrigation department which also under the govt of Maharashtra so why different Justice so my query to all expert that by taking reff of this case how to reprent our point in MAT pls I need suggestion
sushant
(Querist) 07 July 2016
is there any alternative way
Sudhir Kumar, Advocate
(Expert) 07 July 2016
please read the policy document of the state govt on the subject.
