mothers job
Chaitra N S Murthy
(Querist) 08 December 2015
This query is : Resolved
i am married and i am only daughter for my parents. My mother passes away her age is 55 and she belongs to group c cadre in bsnl dept. So can i get her job on compassionate basis
Chaitra N S Murthy
(Querist) 08 December 2015
i am married, M A graduate and i am only daughter for my parents. My mother passed away on december 1 her age is 55 and she belongs to group c cadre in bsnl dept. So can i get her job on compassionate basis
Sudhir Kumar, Advocate
(Expert) 09 December 2015
contact bsnl.
in any case you are not getting her job
if bsnl want they may give you some job, if your case fit sin their policy.
P. Venu
(Expert) 09 December 2015
Compassionate appointment is not a matter of right; it is meant to be an exception rather than an exception than the rule in really deserving cases if the family of the deceased employee is placed in indigent cases.
So far, the married daughters have not been eligible; however, some judicial pronouncements have held they are also eligible.
Hence, you may apply if you fulfill the criteria.
SAINATH DEVALLA
(Expert) 09 December 2015
MARRIED DAUGHTER CAN GET FATHER'S JOB ON COMPASSIONATE GROUNDS : MADRAS HIGH COURT
Married daughter of a government employee is eligible for a job on compassionate grounds after the death of her father while in service, the Madras high court has ruled. But, she should fulfil two requirements, the court said. One, she must obtain no-objection certificate from other siblings; two, she and her husband must give an undertaking that she will take care of other members of her parents' family from her salary.
An order to this effect was passed by a division bench of Justice Satish K Agnihotri and Justice M Venugopal recently, while dealing with a case of I Kayalvizhi whose father V Indarjith died while in service in the education department.
"A married daughter is eligible for consideration, subject to submission of no-objection certificate of other members of the deceased's family and also with an undertaking from her and her husband that she will take care of other members of the parents' family," the bench said.
Kayalvizhi was the only daughter of Indarjith and she was married by the time he died in harness. She then applied for appointment under compassionate grounds. When she was denied appointment, she moved the high court. Citing a government order governing the issue, a single judge said she was entitled to be considered for the job. Her marriage alone need not necessarily disentitle her from claiming the job, as marriage is not a disqualification, the judge said.
Assailing the order, the assistant primary education officer in Anthiyur in Erode district filed the present appeal before the bench.
The judges upheld Kayalvizhi's rights in this regard, and directed the authorities to consider her case for appointment within a period of four weeks. The only modification made in the single judge order was the NOC from members in her paternal family and an undertaking from her husband.
In this regard, the bench cited an earlier order of the court in the Kamatchi vs state of Tamil Nadu, wherein it had been said that even if there are other members in the family, the beneficiary could take a no-objection from them and stake her/his claim for appointment under compassionate grounds.
The GO, on its part, clearly said an NOC from the remaining members of the family, an undertaking from the beneficiary that he/she shall be helpful to her/his parents' family and an assurance from the spouse of the beneficiary that he/she shall not cause hindrance to her/him in helping members of his/her parents' family in future, should be fulfilled to become eligible for appointment.
Rajendra K Goyal
(Expert) 09 December 2015
Approach the department and lodge the claim. You may quote the citation mentioned above in case of need.
Kumar Doab
(Expert) 09 December 2015
Agreed with experts.
First thing first stake claim as per laid process of BSNL and as clarified in the cited judgment.
Sudhir Kumar, Advocate
(Expert) 09 December 2015
as per DOPT instructions married daughter /son is not eligible for compassionate appointment.
Almost all PSUs follow these instructions.
You can approach BSNL.
kavksatyanarayana
(Expert) 09 December 2015
Author, if married son/daughter are wholly dependent ( no other source of income) on deceased employee died in harness while in service, such dependent only may be considered for appointment, if it is otherwise other conditions are ok.
K.S.Srinivas
(Expert) 13 December 2015
There is a ruling by the apex court that the compassionate ground cannot be claimed as right, holding the organization rejecting an application as valid.
The rules for compassionate appointments vary from Organisation to Organisation. The best thing is you can approach a close friend-colleague of your mother who can ascertain the guidelines from BSNL or from their unions.
Sudhir Kumar, Advocate
(Expert) 13 December 2015
compassionate appointment is not at all right.
the claim is governed by instruction of DOPT and biding in all central govt deptts and copied by almost all state govt. Such instructions are generally adopted by PSUs as well.
It cannot be justifiable unless arbitrarily denied.
As per these instruction married son/daughter is not eligible.
Sudhir Kumar, Advocate
(Expert) 13 December 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:23-04-2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI
AND
THE HON'BLE MR.JUSTICE M.VENUGOPAL
W.P. No.635 of 2015 and M.P. No.1 of 2015
-------------------------
first of all this petition is based on a specific GO of TN Govt where such appointment could be considered
the present case of the applicant will be governed by Central govt orders.
--------------------------
in tghe quoted case the applicant was the only child but not in case of the present case
----------------
it is doubtful whether this judgement could be of any use to the applicant.
T. Kalaiselvan, Advocate
(Expert) 18 December 2015
Though everyone say that compassionate ground appointment cannot be claimed as a right, one should not be discouraged from approaching the authorities seeking the relief. You may first apply for compassionate ground appointment and wait for their reply, after that you can think about initiating legal process on the basis of settled laws.
Sudhir Kumar, Advocate
(Expert) 18 December 2015
I have just described what Govt instructions are.
I have described the implication of Madras High Court order.
Let her apply and enlighten this forum if she really succeeds.
Advocate. Arunagiri
(Expert) 18 December 2015
You have to file a request letter for compassionate appointment along with the required documents. Legal heir certificate, death certificate, your educational qualification certificate etc.
Compassionate appointment can not be claimed as a right,
But, they have right claim opportunity to get an compassionate appointment.
