Compassionate ground appointment - karnataka govt

This query is : Resolved 

07 November 2018

I was a B.Com. Graduate in 1996. My father, a regular employee in a State University in Karnataka expired on 03-02-1997 and I was appointed on Compassionate Grounds on 08-10-1997 to the post of Peon.
DPAR 100 SCA 1995 dated 12-09-1996 states under Section 4(4) that I was eligible to be appointed to the post of Assistant, the University did not appoint to the post of Junior Assistant also, Qualification to that being 10th Pass.
Another person, also a Degree Holder on Compassionate Grounds, was appointed as Attender (Group D) during May 1997.
Even last month, September 2018, the University has appointed a Ph.D. holder, wife of a Professor, on Compassionate Grounds, to the post of Group D.
Do we have a case against the University for not obeying the Government Order in appointing us on Compassionate Grounds?
Will our case be considered to treat our appointment to the Post of Assistant from the Date of Appointment?

Isaac Gabriel (Expert)
07 November 2018

The rules prevalent stipulates that the compassionate apointment should be made in thestarting post in the ministerial post, for which the qualification is SSLCC. If you have qualifications higher than minimum educational qualification, you cn get appoinment provided you give an unertaking for appoinment in the lower grade post.If the same system is adopted in karnataka, you have to abide by tit.

Chiranthana (Querist)
07 November 2018

Dear Isaac Gabriel,
Thanks for your reply sir.
Government of Karnataka state has made provision for Graduates to be appointed to Assistant Post and SSLC candidates to be appointed to Junior Assist Post.
But the University has not appointed to either and has appointed to the post of Peon (Group D) post, overlooking the order of the Government and its provision for qualified persons.

Can I approach the Court of Law to set right the appointment procedure.

Dr J C Vashista (Expert)
08 November 2018

I agree with expert Mr. Isaac Gabriel, compassionate appointment is offered to LR of deceased employee in the starting scale/ ministerial job to avoid destitution of the family irrespective of qualification.
However, if you have policy decision, for offering higher post than in group D qua compassionate appointment available, consult a local lawyer practicing service matters for proper analyses, guidance proceeding in a professional manner.

Sudhir Kumar (Expert)
08 November 2018

You have no case.

Nothng illegal.

If you are qualified then nothing stops you from apply for the post you crave for and compete.

compassionate appointment is per-se violation of Supreme Court guidelines barring more than 50% reservation. It exists because so far none has challenged the same.

Sudhir Kumar (Expert)
08 November 2018


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