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Siva Paramasivam   04 February 2019

Compassionate appointment

Myself M.P.Siva, my father worked as HGA in lic and died due to prolonged illnesses on 07/08/2017 after his demise I applied for his job on compassionate appointment basis (09/09/2017) meanwhile before my father's death   I worked as assistant professor in private engineering college and I have resigned my job before my father's death too take care of him but the branch manager has given a report that I am still employed and gainfully employed so based on that Senior divisional manager refused a job to me and again through union AIIEA I appealed again on 09/01/2018 with all my resignation documents to SDM,Divisional office to reconsider again and they forwarded to Zonal manager ,chennai but zonal manager refused my appeal on 03/05/2018 and I approached Union and they asked me to wait for some time and till now I am approaching them and it is getting late I do not know what to do and I do not have any one to guide so sir please guide me whether shall I approach court or what to do?



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 11 Replies

Suhail suhail (LAWYER)     04 February 2019

Without any further delay file a Writ petition in High Court...

Siva Paramasivam   04 February 2019

thank you sir if i file a writ it is possible to get it and where can i find suitable lawyer?

Suhail suhail (LAWYER)     04 February 2019

Yes certainly you will get the releief . Just look for some senior High Court Advocate having practice in such cases.

Siva Paramasivam   04 February 2019

K sir thank you very much if you know any senior lawyer familiar with these kind of cases kindly post his name and Number.And one last question how long it will take to get the judgement?

Suhail suhail (LAWYER)     04 February 2019

My dear i am not from Tamil Nadu, i am from Kashmir how can i suggest.

You just do one thing go to Madras High Court and search for the person.just meet some guys there. Or get a copy of Cause lsit and need to check the Service Writ Petitions(SWP) the lawyer with more cases in SWP can be your search

Siva Paramasivam   04 February 2019

Thank you Sir and Approximately how many months it will take for the final judgement?

Siva Paramasivam   04 February 2019

Thank you Sir and Approximately how many months it will take for the final judgement?

Suhail suhail (LAWYER)     04 February 2019

You are right Mr. Om Prakash Ji, but he has no other option;

In    Life Insurance Corporation v/s Asha Ambekar , Supreme has discussed the issue very fairly. The appointment on compassionate grounds cannot be claimed as a right neither courts can direct the appointment straight way but upon the situation and circumstances the command by way of  writ of mandamus the court can direct to consider the appointment under rules.

Since there are rules in each corporation/sector for compassionate appointment, Mr. Siva says he is unemlpyed and he can seek directions for consedering him. The only way for him is either to persuade  the corporation through the availble means or file the writ petition as last resort

 

 

Suhail suhail (LAWYER)     04 February 2019

The writ petition takes time depends upon many factors, 

Siva Paramasivam   04 February 2019

OK sir thanks for your suggestions and hoping for the best

Suhail suhail (LAWYER)     04 February 2019

Really my pleasure


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