Claiming for father's bsnl job..
sreejesh malayan valapil
(Querist) 12 July 2012
This query is : Resolved
dear sir,
my father was in BSNL had a service of 20years. my father is no more, he pasted away in 14 jan 2008. now i am totally confused about my career.
my father was second married. my father and mother was diverse in 1992, it was legally diversed. father and mother got new marriages, both marrage was legally registered and i am staying with father's family from the diverse date.
now i got legal heiring certificates for the claims of my father services. now in this certificate its mentioned,
1. second mother
2. myself
3. second mother daughter
4. father's mother.
now what should i do to get my father's job. my own mother not at all involved personally, we are not at all touch with each other.
now me and second mother is fighting for the job, and the legal certificate is with me.
what about now sir, is this job is valid, now we get the seniority in bsnl chart.
what should i do legally for to get my job.
my second mother is verbally told that you will get job when our property partitions are done. and now my co- sister is minor also.
give details as soon as possible sir. also i am b. tech with back peppers, also last certificates of +2 and having b.tech course certificates, what level of job will i have.
sreejesh malayan valapil
+918754741444
ajay sethi
(Expert) 12 July 2012
merely becuase your father was in BSNL doesnt mean that on his death you will get a job in BSNL . it is more than 4 years since your father passed away.
have you made application of rpappointment on compassionate grounds?
on your father death your mother must have received his reitemernt benefits , provident fund, gratuityetc which would have amounted to substantial amount .
sreejesh malayan valapil
(Querist) 12 July 2012
dear sir,
but we should get the job its our right under central government. but is there any time limit to claim for that.
for the further or deep details, to whom or which field i want to concern in your website sir. my family had all of the rest claims like pension, gratuity etc. but my job formalities didn't applied yet.
can i get this job if its not applicable due to time limit, case with legal heirs etc. if its like that what should i do. if its time up how i apply. just imagine if i am minor or medical treatment how i will be claim to the job.
sreejesh malayan valapil
+918754741444
sreejesh malayan valapil
(Querist) 12 July 2012
dear sir,
but we should get the job its our right under central government. but is there any time limit to claim for that.
for the further or deep details, to whom or which field i want to concern in your website sir. my family had all of the rest claims like pension, gratuity etc. but my job formalities didn't applied yet.
can i get this job if its not applicable due to time limit, case with legal heirs etc. if its like that what should i do. if its time up how i apply. just imagine if i am minor or medical treatment how i will be claim to the job.
sreejesh malayan valapil
+918754741444
ajay sethi
(Expert) 12 July 2012
No.14014/19/2002-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi, dated the 5th May, 2003
OFFICE MEMORANDUM
Subject : Time-limit for making compassionate appointment.
The undersigned is directed to refer to Department of Personnel and Training OM No.14014/6/94-Estt(D) dated October 9, 1998 on the above subject and to say that the question of prescribing a time for making appointment on compassionate grounds has been examined in the light of representations received, stating that the one year limit prescribed for grant of compassionate appointment is often resulting in depriving genuine cases seeking compassionate appointments, on account of regular vacancies not being available, within the prescribed period of one year and within the prescribed ceiling of 5% of direct recruitment quoto.
2. It has, therefore, been decided that if compassionate appointment to genuine and deserving cases, as per the guidelines contained in the above OMs is not possible in the first year, due to non-availability of regular vacancy, the prescribed Committee may review such cases to evaluate the financial conditions of the family to arrive at a decision as to whether a particular case warrants extension by one more year, for consideration for compassionate appointment by the Committee, subject to availability of a clear vacancy within the prescribed 5% quoto. If an scrutiny by the Committee, a case is considered to be deserving, the name of such a person can be continued for consideration for one more year.
3. The maximum time a person’s name can be kept under consideration for offering Compassionate Appointment will be three years, subject to the conditions that the prescribed Committee has reviewed and certified the penurious condition of the applicant at the end of the first and the second year. After three years, if compassioante appointment is not possible to be offered to the Applicant, his case will be finally closed, and will not be considered again.
4. The instructions contained in the above mentioned OMs stand modified to the extent mentioned above.
5. The above decision may be brought to the notice of all concerned for information, guidance and necessary action.
6. Hindi version will follow.
sd/-
(Vidhu Kashyap)
Director(JCA)
Source: www.persmin.nic.in
ajay sethi
(Expert) 12 July 2012
it is one year . in deservingcases where there is no vacanices one more year .
ajay sethi
(Expert) 12 July 2012
The Supreme Court in Commissioner of Public Instructions & Ors. Vs. K.R. Vishwanath, 2005 AIR SCW 4102, dealt at length with the object regarding compassionate ground and observed:-
"As was observed in State of Haryana and Ors. v. Rani Devi & Anr. (AIR 1996 SC 2445), it need not be pointed out that the claim of person concerned for appointment on compassionate ground is based on the premises that he was dependant on the deceased employee. Strictly this claim cannot be upheld on the touchstone of Article 14 or 16 of the Constitution of India. However, such claim is considered as reasonable and permissible on the basis of sudden crisis occurring in the family of such employee who has served the State and dies while in service. That is why it is necessary for the authorities to frame rules, regulations or to issue such administrative orders which can stand the test of Articles 14 and 16. Appointment on compassionate ground cannot be claimed as a matter of right. Die-in-harness Scheme cannot be made applicable to all types of posts irrespective of the nature of service rendered by the deceased-employee. In Rani Devi's case (supra) it was held that scheme regarding appointment on compassionate ground if extended to all types of casual or ad hoc employees including those who worked as apprentices cannot be justified on constitutional grounds. In Life Insurance Corporation of India v. Asha Ramachandra Ambekar (Mrs.) and Anr. (1994 (2) SCC 718), it was pointed out that High Courts and Administrative Tribunals cannot confer benediction impelled by sympathetic considerations to make appointments on compassionate grounds when the regulations framed in respect thereof do not cover and contemplates such appointments. It was noted in Umesh Kumar Nagpal v. State of Haryana and Ors. (1994 (4) SCC 138), that as a rule in public service appointment should be made strictly on the basis of open invitation of application and merit. The appointment on compassionate ground is not another source of recruitment but merely an exception to the aforesaid requirement taking into consideration the fact of the death of employee while in service leaving his family without any means of livelihood. In such cases the object is to enable the family to get over sudden financial crisis. But such appointments on compassionate ground have to be made in accordance with the rules, regulations or administrative instructions taking into consideration the financial condition of the family of the deceased."
Guest
(Expert) 12 July 2012
Appointments on compassionate grounds cannot be claimed as a matter of right, but depending upon the No. of vacancies available on certain fixed percentage of total vacancies, subject further to the total number of applicants on compassionate ground and on fulfillment of other prescribed conditions.
