Compassionate appoitment may be count termination order quash
nitin saxena
(Querist) 25 August 2014
This query is : Resolved
hello sir, please advice if the applicant during the pend ency of the revision against termination order here superior authority the applicant had died... after the died of applicant appointing(superior ) authority pass termination order and order challenge in high court ..if the termination order quash after 7 years by high court ..then compassionate appointment time period count or not? bcoz at that time applicant was not in service he was terminate..here dying in harness rules apply or not during the termination of service.
venkatesh Rao
(Expert) 25 August 2014
Pl. kindly give minimum details in brief of his job, why he was terminated etc.
nitin saxena
(Querist) 25 August 2014
hello sir he was x par-tee termination he was ASIM IN POLICE DEPARTMENT X PAR-TEE Termination by commandant ,DIG , AND AFTER DEATH OF APPLICANT IG REVISION TERMINATION ORDER COUNTINUE
nitin saxena
(Querist) 25 August 2014
termination on wrong full payable allowance to commando... but actually payable prepared according GOV G.O
Sudhir Kumar, Advocate
(Expert) 25 August 2014
just not able to convey the problem.
please take help of someone who knows
ROHIT SHARMA
(Expert) 25 August 2014
Dear Mr. Nitin saxena,
1. The termination was finally quashed by the H.C. This implies a civil wrong done by the department. It is implied that the deceased if alive would have been reinstated with full back wages with interest.
2. The the legal heirs of the dead employees are entitled to receive the entire arrears of the salary of the deceased employee and seek compassionate appointment of the legal heir of the deceased and for that they would require to file a writ petition under Article 226 r/w Article 21 of the C.O.I.
3. Consult a local H.C. advocate.
4. If you feel the necessity to have further discussion and seek private legal consultation you may feel free to do so. You can get my contact details by clicking my name (expert) shown in the L.H.S. margin of this reply format.
Kumar Doab
(Expert) 25 August 2014
The time or limitation should start from date of order quashing 'Termination'.
Rush to your able lawyer that helped you to get termination set aside and proceed to stake claim for settlement of dues and compassionate appointment.
Rajendra K Goyal
(Expert) 26 August 2014
Consult your lawyer and discuss the problem in detail.
ajay sethi
(Expert) 26 August 2014
agree with kumar Doab
P. Venu
(Expert) 28 August 2014
Yes, the person's dependent is entitled for compassionate appointment.
Isaac Gabriel
(Expert) 30 August 2014
The charges stood abate on the death of employee and legal heir necks eligible for compassionate appointment.The criminal case has no relevance. Both cannot be coughed.
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
Despite the circumstances favoring the legal heirs, appointment on compassionate grounds cannot be claimed as a right, it depends upon the competent appointing authority's decision.
Sudhir Kumar, Advocate
(Expert) 30 August 2014
in the absence of facts to be given in understandable language. I am not able to agree or disagree with any expert above.
The querist should take help of someone who knows English.
He has not been able to tell :-
(i) who was terminated.
(ii) why was terminated
(iii) why inquiry was ex-parte [which he probably calls X PAR-TEE].
(iv) when was the terminal
(v) whether terminated or dismissed.
(vi) where termination was challenged
(vii) any stay on termination?
(viii) who died
(ix) when died
(x) what is the issue of compassionate appointment and how related to termination /dismissal.
