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NAVEEN KUMAR   04 September 2020

Death benifits & compansationary appointment

Hello there, My father was a govt employee (age 59 years) worked in Police Dept in AP govt, he was deceased in the month of July 2020 due to Covid-19 which was infected under his duty. He had two wives whereas first wife was deceased earlier and she had two children (one elder married son (myself) aged 35years and a married daughter aged 30 years). Second wife(age 45 years) also had two daughters (elder daughter 15 years and younger one 13 years). Here, the state govt announced 50 lakhs of componsation for the deceased frontline warriors of COVID-19 and in addition some benifits like GPF, GRATUITY, leave encashments & some other claims were added. Also department has given us an oppurtunity of Compansationary appointment. Still now we all are in a joint family, only my married sister was separated. Now the situations totally changed. Here my concern is... who will be eligible for the job and what will be my share in the above mentioned claims and benifits. As, second wife started arguing saying that she is the only eligible for everything as my mother (1st wife) was expired. I'm willing to apply for the job coz i lost my previous private job in May 2020 due to Covid pandemic. Moreover she is a govt employee under prohibition period. She is saying that she will leave her persuing job and willing to apply for this job. Pls suggest me for the above, may i approach court or not.


Learning

 4 Replies

Isaac Gabriel (Advocate)     04 September 2020

Yourself can apply for compassionate appoinment. If she also make a claim it will be rejected since she is already was in emploment.

1 Like

NAVEEN KUMAR   04 September 2020

Thank you sir.

G.L.N. Prasad (Retired employee.)     05 September 2020

Nothing is in your hands and the authorities have to make a decision on individual claims of your father's legal heir.  The object of the compassionate appointment is that the employee's family members should not be thrown on the streets as a result of the sudden death of the employee, and the employer should assist the employee's family as they have lost bread earner.

The second wife mention is vague.  If your father has married the lady, after the death of your mother, it is legal and she is having valid claims.

If your father has married her during your mother's lifetime, it is illegal (a Police officer may not do such an illegal thing) she is not having any rights but your father's children through her are having equal rights with you if your father died intestate.

1 Like

P. Venu (Advocate)     05 September 2020

Yes, the crucial issue is whether the second marriage was during the lifetime of your mother or subsequently.


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