Whether married daughter is eligible for father job after death
bharatvarma
(Querist) 27 December 2013
This query is : Resolved
sir, please clear my doubt that whether married daughter is eligible for fathers state govt job after father is expired. I heard that new "G O" has been raised that married daughter can get the job if all the member are dependent on her. is it true or not. please clarify my doubt
T. Kalaiselvan, Advocate
(Expert) 27 December 2013
One from the family i.e., heirs to succeed the estates of the deceased will be eligible to get an appointment on compassionate grounds upon the death of the deceased who died while in service, if the daughter is eligible for the appointment provided the other member heirs give a No objection letter to her such appointment.
ajay sethi
(Expert) 27 December 2013
yes married daughter is eligible provided other legal heirs have no objection
Sudhir Kumar, Advocate
(Expert) 27 December 2013
I am sorry to disagree.
Such appointment is not an estate of deceased.
Married daughter cannot be considered even if entire family agreees.
bharatvarma
(Querist) 27 December 2013
sir but i aske at accounts general office in hyderabad. they are telling it is not possible for married daughters. can i get any base .
Sudhir Kumar, Advocate
(Expert) 28 December 2013
It appears that the AG office people are well aware of the regulations and are not in a mood to give you false hope.
Arvind Singh Chauhan
(Expert) 28 December 2013
This can't be claimed as right it depends on the mercy of department.
V R SHROFF
(Expert) 28 December 2013
one can apply.
pleasure of dept .
purpose is to safeguard deceased's family against starvation.
here the objective is not served. [so chances are less]
Rajendra K Goyal
(Expert) 28 December 2013
Compensatory appointment can not be claimed as a matter of right.
Dr J C Vashista
(Expert) 28 December 2013
I fully agree with the expert advise of Mr V R Shroff.
T. Kalaiselvan, Advocate
(Expert) 28 December 2013
A recently settled law by the supreme court on the subject is that the compassionate ground appointment cannot be claimed as a right and the concerned department has got full rights to reject any such claim.
Guest
(Expert) 28 December 2013
You are purely under mercy of the Dept.File a pleadings to higher authorities of top most level explaining in detail how your family would suffer if the job is denied.Make your efforts.You could also seek the support of Strong Unions.
R.K Nanda
(Expert) 28 December 2013
NOTHING TO ADD MORE.
Isaac Gabriel
(Expert) 28 December 2013
If the family of the deceased in the indigent circumstances and the married daughter agrees to soulder the care of the deceasde government servant's family,it could be considered in special circumstances.Based upon a court judgement this ruling was made.The AG's office information is issued on this guidelines.
Sudhir Kumar, Advocate
(Expert) 30 December 2013
I shall be grateful on behalf of querist if Mr Gabriel could share such judgement which allows compassionate job to married daughter.
As per DOPT instructions she is not eligible.
Dr J C Vashista
(Expert) 30 December 2013
She is ineligible for compassionate appointment.
Isaac Gabriel
(Expert) 30 December 2013
Dear Sudhir,The Dopt has issued consolidated FAQ on compassionate appoinments as per which the term family has been given broader definition with reference to court judgements. Married daughter and even the daughter in law have been included under certain circumstances.I have also furnished the Madras high court Judgement.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2011
CORAM:
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.NO.48363 OF 2006
(O.A.NO.2591 OF 2001)
G.Gnanavalli ... Petitioner
Versus
1.State of Tamil Nadu
Rep.by Director of Municipal Administration
Chepauk, Chennai 600 005.
2.Commissioner
Karur Municipality
Karur. ... Respondents
PRAYER: Original Application No.2591 of 2001 filed before the Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as Writ Petition No.48363 of 2006, seeking for a writ of Mandamus, directing the respondents to appoint the petitioner in any suitable post commensurating with the petitioner's qualification (V Std) on compassionate ground with all consequential benefits.
For Petitioner : Mr.Gowarthan
for Mr.M.Gnanasekar
For Respondent-1 : Mr.R.Ravichandran
Additional Government Pleader
For Respondent-2 : Mr.P.I.Thirumoorthy
O R D E R
The petitioner's mother was employed as Sanitary Worker in the second respondent Municipality. She died on 17.11.1997 while in service, leaving behind the petitioner and her sister as her legal heirs. The petitioner got married before the death of her mother. However, her marital life did not go well and the same ended in divorce on 06.07.1998 in H.M.O.P.No.38/1998 by the Sub Judge, Karur. Hence, she sought compassionate appointment on the ground that she is a deserted woman. But no order was passed by the second respondent Municipality either accepting or rejecting her request for compassionate appointment. However, the second respondent wrote a letter to the Commissioner of Municipal Administration seeking clarification as to whether the petitioner, who obtained divorce after the death of her mother, could be given compassionate appointment. It is now stated that no order is passed so far.
2.When the matter is taken up for hearing today, the learned counsel for the petitioner submits that the matter is squarely covered by the following decisions of this Court.
a) U.Arulmozhi Vs. The Director of School Education and others reported in 2006 (2) LW 324
b) G.Girija Vs. The Assistant Director (Panchayats)
reported in 2008 (5) CTC 686
c) Mohanambal Vs. The Director, Land and Survey Department reported in 2011 (1) CTC 349
3.The learned Government Advocate submits based on instructions that since the petitioner obtained divorce after the death of her mother, should could not be considered for compassionate appointment. The second respondent sought clarification from the Commissioner of Municipal Administration and so far, there is no reply from the Commissioner of Municipal Administration.
4.Heard the submissions made on either side and perused the materials available on record.
5.In the judgments relied on by the learned counsel for the petitioner, the daughters of the Government servants, who died in harness, were declined compassionate appointment on the ground that they were married. While the marriage is not a disqualification for the son of a Government servant, the same could not be cited as a disqualification for the daughter of a Government servant. This Court in the aforesaid judgments held that marriage could not be cited as a disqualification for considering the case of the daughters for compassionate appointment.
6.Applying the principle laid down in the aforesaid judgments, a direction is issued to the respondents to consider the case of the petitioner in the light of the aforesaid judgments, within a period of six weeks from the date of receipt of a copy of this order.
7.The writ petition is disposed of with the above direction. No costs.
18.07.2011
Index : Yes
Internet : Yes
TK
To
1.The Director of Municipal Administration
Government of Tamil Nadu
Chepauk, Chennai 600 005.
2.The Commissioner
Karur Municipality, Karur.
D.HARIPARANTHAMAN, J.
ajay sethi
(Expert) 30 December 2013
thanks for citation Mr gabriel
Isaac Gabriel
(Expert) 30 December 2013
The following link may throw light on the issue.
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/14014_02_2012_Estt_D_16Jan2013.pdf
Guest
(Expert) 30 December 2013
Thanked with appreciations Sir.
Sudhir Kumar, Advocate
(Expert) 30 December 2013
with the elaboration of Mr Gabriel the applicant may not be at dead end as apparent earlier
prabhakar singh
(Expert) 30 December 2013
May be the appearance of Mr. Isaac Gabriel is occasional but his punch is solid.
Isaac Gabriel
(Expert) 31 December 2013
Thanks Prabhakarji for kind remembrance.I will always be with the experts team.
