Compassionate appointment
sarma viswanadha
(Querist) 21 February 2015
This query is : Resolved
Fifteen Years Ago….
Apr-2001, My Father Passed away.
He was A Govt. Zilla Parishad High School Teacher, worked under A.P Government.
At the time of my father’s death I was 14years Old.
I applied for Job under Compassionate Appointment Grounds.
The authorities of Zilla Parishad rejected my request, Because of my age. They said that I am not a major to appoint the job, I was 14 years that time.
And I again requested them and express my willing to wait until I will be major (18 years)
They said that if you able to wait but we cannot give you the job. Rules are like that.
They gave responses orally, they didn’t send any letter to us
Immediately My Mother applied for job in the same year within in six months of my father’s death. They accepted my mother’s request.
After so many requests and struggles my mother got job in Jan-2005.
At the time of my mother’s appointment I again requested the authorities “ sir, I got 18 years and please give job to me. Because of your difficulties the appointment process delayed 4 years, in the meantime I had completed 18 Years. So please consider my request and give job to me.” But they rejected.
Because of the delayed process my mother’s appointment get in to C.P.S scheme. (The Contributory Pension Scheme introduced in 2004). So My mother lost her Pension.
And The family pension and Job both were allotted to my mother, because of this my mother lost D.A in her family Pension.
All of the Major thing was I lost My Job, even I was major at the time of my mother’s appointment.
It is 10 Years over from my mother’s appointment. (Jan-2005)
Dear Friends Please Consider this issue, and Provide us advice:
1. Can I approach Tribunal in this issue
2. Can Tribunal Consider my case because It was 10 years from my mother’s appointment.
3. And what type of Difficulties should I have to face, If I approach legally.
4. Which type of proofs should I need, why because many of my requests were addressed orally that time.
Respected PS Dhingra sirs Advice I am adding a bit more please consider it also
Dear sir, thanks to address my concerns.
I would like to add another one.
I don't want to go against my mother's appointment.I don't expect her job.
But if my mother or I go to tribunal is there any chance to get old pension scheme instead of CPS regarding her appointment.
Why because I am asking this, her appointment delayed more than 4 years.
Sir please take up the issue concerned and advice the needful.
Guest
(Expert) 21 February 2015
Replies to your queries are as follows:
1) Approach to Tribunal can bring only negative results, as your mother had the first right to get compassionate job, which she got. Any legal heir of the deceased after appointment cannot be substituted by another legal heir.
2) Same as (1) above.
3) You can meet only with loss of money and time with negative rsults, besides frustration after years of your legal pursuit.
4) Even your succession certificate, as against your mother, cannot help you in the present scenario after lapse of 14 years of the demise of your father.
Better concentrate your efforts in finding some other suitable job.
sarma viswanadha
(Querist) 21 February 2015
Dear sir, thanks to address my concerns.
I would like to add another one.
I don't want to go against my mother's appointment.I don't expect her job.
But if my mother or I go to tribunal is there any chance to get old pension scheme instead of CPS regarding her appointment.
Why because I am asking this, her appointment delayed more than 4 years.
Sir please take up the issue concerned and advice the needful.
Guest
(Expert) 21 February 2015
No chance, as the old pension rules cease to operate for the employees joining service on or after the date of introduction of the NPS. Statutory rules cannot be made operative from retrospective date prior to the date of introduction.
kavksatyanarayana
(Expert) 21 February 2015
@AUTHOR, I AGREE WITH THE OPINION OF EXPERT MR.PSDHINGRA SIR. AND AS PER AP GOVT RULES, THE MAJOR LEGAL HEIR OF THE DECEASED EMPLOYEE SHALL MAKE APPLICATION WITHIN ONE YEAR FROM THE DATE OF DEATH OF THE EMPLOYEE. IN GENERAL,APPOINTMENT WILL BE GIVEN IN A YEAR AND IN ADMINISTRATION EXIGENCY, THE APPOINTMENT MAY BE DELAYED. AND FINALLY SHE GOT THE JOB IN 2005 AND SHE IS NOT ELIGIBLE FOR REGULAR PENSION AS IN EXISTENCE BEFORE THE YEAR 2004.
Guest
(Expert) 21 February 2015
Appointment on compassionate ground also depends upon due turn out of the waiting list of candidates for compassionate appointment and availability of clear vacancy after receipt of application from the heir of the deceased..
