Compassionate appointment of missing government servent
SYED NUSRATH
(Querist) 27 February 2019
This query is : Resolved
My father was government servent and expired on service in 2007,his compassionate job was given to brother in 2010,after getting the job of my father my brother attended the job for two and half months after that his is missing .we have lodged a FIR at police station and after 3 years police has given us untraceable certificate. In 2015 i claimed my brother 's compassionate appointment but department is saying I can't claim my missing brothers job .so in these matter I need legal advice.
kavksatyanarayana
(Expert) 27 February 2019
If a Government employee's whereabouts are not known, the family of that person shall make complaint in Police Station concerned. But only after completion of 7 years period from the date of missing, necessary action will be taken for claims if any. But you have applied without completion of 7 years. Now the period is over lapsed.
Isaac Gabriel
(Expert) 27 February 2019
You may stake claim since the 7 years period is over.Neverthless civil death is Tobe pronounced by competent court for the purpose.
KISHAN DUTT KALASKAR
(Expert) 28 February 2019
Dear Sir,
It is a better case to approach Service Tribunal or High Court. As per Evidence Act if any person not heard of for more than 7 years will be deemed as dead. Thus you may claim job under compassionate ground.
Please mark “LIKE” if satisfied by my answer.
P. Venu
(Expert) 28 February 2019
Government servant - Which Government? As per the Central Government norms, the request for compassionate appointment could be considered after the Government servant has gone missing. Please verify.
Furthermore, has the family received the benefits payable in such cases?
Dr J C Vashista
(Expert) 01 March 2019
After 7 years of missing of government servant seek a certificate from area DM and apply for compassionate appointment .
