Service matter -- reg. compassionate grounds of appointment,
Muralikrishna
(Querist) 27 January 2018
This query is : Resolved
The brief facts of the compassionate grounds of appointment, which is temporarily stopped with the HC’s Injunction Order, is clearly discussed here under, and requested the forum experts to guide us with ur valuable suggestions :
After the death of the deceased employee, the daughter of the deceased ie., the petitioner approached the employer for compassionate appointment. Mean the time the illegitimate son entered for the same. And tampered the records and it was proved as tampered, in the court. The Court entitled only the death benefits as partially to the illegitimate son and to his mother, and issued the Succession Certificate only in favour of legally wedded wife and to her daughters.
Family Pension is granted to the favour of the petitioner’s mother (ie., legally wedded wife). All this issues clearly expressed to the employer and the petitioner further approached the employer. Then the employer issued a intimation letter to the Petitioner, and directed the petitioner to submit the Succession Certificate along with her original certificates like Study Certificates, NOCs etc., Petitioner handed over all her originals to the employer. Employer conducted the enquiry process also.
At that instance, the illegitimate son filed a WP in HC, seeking the compassionate appointment, and made the legally wedded wife and her daughters as co-respondents. Hence, the present petitioner also filed a WP in HC as she only the eligible for that appointment, and requested the HC to direct the employer not to appoint the illegitimate son (ie, who was not obtained the Succession). The HC issued an injunction order to stop the appointment, until the matter is proved. Now this issue is pending in HC since a decade.
Now and then the petitioner’s financial condition is in BPL. Years together she is awaiting for the employment. She failed to get any other employment also because she surrendered all her originals to the employer and She crossed about 45 years, still she is bachelor only hoping her employment.
The employer is simply saying ... the petition is in pending in the court, so we can’t do any thing at this instance. (under subjudice HRC also failed to render the justice in this issue).
Recently the illegitimate son, (who intentionally made disturbance in this employment issue) was expired (dead).
For appropriate, immediate relief what sort of procedure the petitioner (she) should follow ??
Hoping once again, experts may extend their valuable guidelines / suggestions in this concern.
Guest
(Expert) 27 January 2018
What is your own position in this case? How you are related with this problem?
Sri Vijayan.A
(Expert) 27 January 2018
You have asked the same matter through other thread.
You have been answered there.
Muralikrishna
(Querist) 27 January 2018
Sir,
The petitioner is my relative. I wish to guide her.
Guest
(Expert) 28 January 2018
Employer is right. Your relative will have to wait for the decision on the WP in HC.
Sudhir Kumar, Advocate
(Expert) 28 January 2018
repeated query.
No appointment will be made till decision of the court as there is a stay.
There was no need to surrender originals to the deptt as no offer is being issued.
You never stated if you demanded the documents back and if deptt refused.
Dr J C Vashista
(Expert) 29 January 2018
No reply for a repeated query.
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