Job on compatianate ground
Harishankar Yadav
(Querist) 07 January 2017
This query is : Resolved
My Father expired on 30th October 2016 and he was permenent worker in military farm. He had 11 years remaining for his retirement.
After his death I applied for his job on compatianate ground as guided by co-workers with all necessary paperwork.
I want to know that can I get the job on such ground as I am 29 and my elder sister is a desert after her marriage and we stay with our mother.
Please help me out
Harishankar Yadav
(Querist) 07 January 2017
A proper guidance is required or sh�ll I file a court case to get the job
Guest
(Expert) 07 January 2017
Better Meet the Concerned Senior Level Officers in Person and Explain to convince them and If Not Possible try to collect their Correct Details and Send your Explanation and Request.Medical Fitness would be more essential for such services and Take Care.All the Best.
Guest
(Expert) 07 January 2017
Better Sort out your Request in an Amicable way .Going for a Legal Remedy would Cost you time and money with Uncertain Results.Once you go for Legal remedy the Other side also will Prepare for defence and more over it is military dept which will have good legal backings which will come out with Strong Justifications for their denial.
Guest
(Expert) 07 January 2017
Mr. Harishankar Yadav,
Jobs cannot be grabbed by force. All depends upon the fulfillment of Government's terms & conditions for appointment on compassionate ground and also the availability of vacancy. If not, even any court of law may not compel the recruitment authority.
You are required to prove your eligibility for the job, as per the prescribed conditions.
So, better check with the welfare officer of the military farm, if there is any, for proper guidance.
Harishankar Yadav
(Querist) 07 January 2017
Thanks for the suggestion
But how much time it takes for such procedures
Can I file a case After 3 attempts
Cause my cousin brother is also dealing with same problem since my uncle expired in 2009.
Same case of central govt employee
Harishankar Yadav
(Querist) 07 January 2017
Thanks for the suggestion all of the panel.
But how much time it takes for such procedures
Can I file a case After 3 attempts
Cause my cousin brother is also dealing with same problem since my uncle expired in 2009.
Same case of central govt employee
Rajendra K Goyal
(Expert) 07 January 2017
No time limit can be predicted till full case file is referred.
In case of need meet and request to departmental head.
Kumar Doab
(Expert) 07 January 2017
You and your cousin may obtain detailed guidelines and Rules on 'Compassionate Appointment'.
Relate your eligibility with rules.
You have already applied.
Let the respective dept. reply to you.
Rajendra K Goyal
(Expert) 07 January 2017
Well advised by the expert Kumar Doab, agree to it.
Sudhir Kumar, Advocate
(Expert) 07 January 2017
Compassionate job is given out of 5% of the quota meant for direct recruitment in class-III&IV category.
You are seeking job as Army Civilian and such jobs would be calculated from the aggregate of all such posts. The immediate bosses of your father will not be having much role.
A comparative merit is drawn for the applicant based on the family asserts available after death of bread earner.
The problem with defense civilians is that the 5% of civilian posts is also to be shared by the dependents of soldiers dying in service.
Upper age limit (nothing else) can be relaxed for such appointment.
You have applied in time so you are not out of race. But :-
(i) time limit cannot be predicted.
(ii) availability of job suitable to qualification cannot be predicted.
In case job offered is not suitable to the qualification or social background [i.e. some candidates do not like to be appointed as Safaiwala / water man/ /syce/ shed cleaner /gardener etc]. In that case there is no provision to offer another post. If job once offered is not accepted the case is closed.
You are 29 yer old you have not indicated as to what you are doing so far any private job you are doing?
You have also not stated how much is your qualification
Sudhir Kumar, Advocate
(Expert) 07 January 2017
Now coming to the issue of your cousine.
You have indicated that death of your uncle took place in 2009.
why he could not get the job.
when did he apply.
Sudhir Kumar, Advocate
(Expert) 07 January 2017
"A proper guidance is required or sh�ll I file a court case to get the job "
In such a short time you have decided to file court case. Prima-facie this indicates you have enough money.
Be enlightened. You can go to court only against non-consideration. You cannot challenge the decision of the committee if this 5% quota is exhausted by more indignant candidates.
This appointment is purely a welfare measure and prima-facie violation of Article 14&16 of the Constitution.
Ms.Usha Kapoor
(Expert) 08 January 2017
Agree with Dhingra and other experts.
P. Venu
(Expert) 08 January 2017
You may ascertain the present status of your application under RTI. Please note that dependent of the deceased employee has only a right to be considered for compassionate appointment, but not a right to get the appointment.
Kumar Doab
(Expert) 08 January 2017
If the dependents of employee of dying in harness are denied appointment on compassionate basis then the reasons for denial are to be related with rules and eligibility conditions provided under rules.
The rules that are violation of rights and constitutional provisions can be contested and court have struck down such rules many times.
Before you straightaway rush to court obtain reply with reasons from respective employer.
Also obtain copy of rules applicable in respective cases.
Sudhir Kumar, Advocate
(Expert) 08 January 2017
Fundamental rights can be abridged only by "procedure established by law".
There is no "procedure established by law" to appointment someone without open competition. Compassionate appointments are only going on by way of administrative instructions which is not "procedure established by law".
Luckily none has challenged the same in court.
Rajendra K Goyal
(Expert) 08 January 2017
Well advised by the expert Sudhir Kumar, may proceed accordingly.
Guest
(Expert) 08 January 2017
The Supreme Court had Clarified the Legal Position,Saying that appointments in Government Offices on Compassionate Grounds Can not be Claimed as a Right.
Guest
(Expert) 08 January 2017
A Bench of Honorable Justices BS Chauhan and Dipak Misra had said such Appointments were Permissible Only in Genuine Cases ,else it would violate the Constitution
Kumar Doab
(Expert) 08 January 2017
Agreed with experts.
Therefore : Before you straightaway rush to court obtain reply with reasons from respective employer.
Also obtain copy of rules applicable in respective cases.
P. Venu
(Expert) 09 January 2017
Yes, there is larger issue that learned expert Mr. Sudhir Kumar. If examined rigorously, the scheme of compassionate appointment could be found to be repugnant to the discipline of the Constitution. It is a fact that there are no statutory rules (notified under Article 309 of the Constitution) or an Act of the Parliament which provides for appointment of compassionate grounds as an exception to the provisions of Article 16.
Guest
(Expert) 09 January 2017
If the Sole Bread winner of the Family in service demises obviously the Concerned Dept would consider to appoint one of the family member as Employee.Even many of the Central Govt Organisations like Railways etc had stopped Pensions after 2005.Appointment on Compassionate Ground what is the" repugnant " in the Query raised by the Innocent Author/Querist Please
Sudhir Kumar, Advocate
(Expert) 09 January 2017
So far none has challenged compassionate appointment in court of law. SO this welfare measure continues and this cannot be considered as a matter of right.
Guest
(Expert) 09 January 2017
Dear Sudhir Kumar,
Would you please like to elaborate how the compassionate appointment is linked to fundamental rights, abridging of that right by way of compassionate appointment, and what is the "procedure established by law" for framing recruitment rules with specific reference to Article 309 of the Constitution of India?
Sudhir Kumar, Advocate
(Expert) 09 January 2017
No central govt has stopped pension after 2004. only mode of pension fund is changed.
Guest
(Expert) 09 January 2017
Refer the So Called New Pension scheme 2004 in Railways and Compare it with the Previous One.Present Scheme would be Not A genuine Pension Scheme and Only Branded with Name Pension.Better discuss and Confirm with Senior railway Officials of your Place.
P. Venu
(Expert) 10 January 2017
Yes, the New Pension Scheme is not a scheme notified under Article 309. There, certainly, are grounds on which it could be held to be Unconstitutional.
Guest
(Expert) 10 January 2017
New Pension Scheme is regulated by PFRDA, an autonomous body of Government of India. Any scheme of autonomous body is not covered under Article 309 of the Constitution.
It was introduced with effect from 1st January, 2004 for only new recruits as of their terms of service.
But since that scheme has not been made mandatory for the pre-2004 Government employees the same cannot be termed as unconstitutional with reference to the then existing employees.
Harishankar Yadav
(Querist) 11 January 2017
Thanks Sir,
Can you predict the possibility of my case according to your experience
Harishankar Yadav
(Querist) 11 January 2017
I want to know because Military Farms throughout India will be closed before 2018 as anounced by General of India in 2012,
You may know.
