Compassionate job appointment & share of assets
Querist :
Anonymous
(Querist) 26 July 2020
This query is : Resolved
A person was a Government employee who was deceased onduty itself recently. His first wife was deceased a long time ago and she had two children one son (35yrs) and a daughter (30yrs). After his first wife death he got married and she(45yrs) is having two daughters (16 yrs and 14 yrs). Now, as per law,
1. what is the share of his claims and assets.
2.Second wife got government job recently and it is under probitionary. Is she having any chance of getting her husband's job if she leaves her present job.
3.Who will be given first priority for job, Son of first wife or second wife.
please give me a proper solution for the above.
Dr J C Vashista
(Expert) 27 July 2020
Q 1 It's 1/5th each (2 son & daughter of first marriage+ 1 wife + her 2 daughters) .
Q2 The widow is already on job, she donot have opportunity to be considered for compassainate appointment.
Q 3 The 16 years old daughter of deceased have some chance for getting compensatory job, which is not a matter of right. As son and daughter of first wife are stated to be 35 & 30 years old, whereas youngest daughter of second wife is just 14 years old, there is no chance for them.
Dr J C Vashista
(Expert) 27 July 2020
What is your concern/ locus standi to the query, Mr./ Ms. Anonymous ?
Querist :
Anonymous
(Querist) 27 July 2020
Thank you for your reply sir...
Here, one of the officials from that department said that there will be a chance of getting job to son of first wife as he is doing a small private job. But, the widow is asking to do favour to her itself. So, the official said that go to court for this concern. If so, who will be most eligible for the job.
Sudhir Kumar, Advocate
(Expert) 27 July 2020
first of all compassionate job is not the "job of husband".
There is need to correct the concepts.
Govt posts are not hereditary . These are primarily meant for open competition. It is not a vested right. Compassionate job is only a concession by the govt and it sustain as none has challenged it being voilative of supreme court directions for having not more than 50% reservation.
It is meant to provide immediate relief to starving family. It is not available for a wife who voluntarily leave govt job to try luck on least paid job (which is generally not sure to get and in this cases chances near zero).
For god sake do not advise her to quit job for acquiring poverty for the hope of compassionate job.
If any official of deptt is saying (Hope verbally) and (hope not dealing with establishment) he is saying so because of utter lack of knowledge. If the boy is doing a private job he is not unemployed. His step mother is also govt servant so that family is not starving.
Both his sons are overage and daughters under age. The family income on death is also not ZERO. So there is no scope of any compassionate job.
You have also not stated about marital status of sons.
No view can be formed regarding terminal benefits you have not stated who is/are nominee(s).
No view can be formed regarding other assets you have not stated the religion of the deceased.
niranjan
(Expert) 27 July 2020
Pl.refer gOvt.circulars for compassionate appointment and I think that there is no case made out. I also think that govt. opted for paying compensation in lieu of appointment.
Rajendra K Goyal
(Expert) 27 July 2020
You said:
1. what is the share of his claims and assets.
Reply:
Both sons of first wife, both daughters of second wife and second wife have equal share (i.e. 1/5th) if the deceased was Hindu.
Rajendra K Goyal
(Expert) 27 July 2020
You said:
2.Second wife got government job recently and it is under probitionary. Is she having any chance of getting her husband's job if she leaves her present job.
Reply:
Second wife is doing government job, both sons seem to be overage and both daughters are underage. Refer the rules relating to compensate appointment and proceed. Before such step / claim to be initiated family understanding should be there otherwise in case of counterclaim, appointment can be withheld till decision from court or the department take other view.
You said:
3.Who will be given first priority for job, Son of first wife or second wife.
Reply:
It seems the entitlement is not absolute in case of all, refer departmental rules for compensation appointment. Best approach is to claim appointment after family settlement / reaching understanding.
Sudhir Kumar, Advocate
(Expert) 27 July 2020
Govt is not at all giving anything in lieu of compassionate job because compassionate job is not at all a vested right.
It is only a concession which is either given or not. No provision for barter.
Govt is only bound to give terminal dues (pension+commutation+gratuity+leave encashment +GPF +Gp Ins)
P. Venu
(Expert) 27 July 2020
You have not posted the complete facts and the real issue. The posting is a riddle than a query.
kavksatyanarayana
(Expert) 27 July 2020
As per me, 1.the two children of 1st wife, 2nd wife, and two children of 2nd wife total 5 shares. 2. The 2nd wife will not get the job if she quits her present job. 3. In which Government the deceased person worked, whether central or any state. Some Rules and instructions are different from the Central Government and each State Government. However, the age of the children is 35 and 30 years. The children of 2nd wife are minors. so there are very less chances to get the job. Consult in the department of the deceased where worked.
Sudhir Kumar, Advocate
(Expert) 27 July 2020
It is not very less chances, it is zero chance of compassionate appointment as the wife is already govt employee and son is also employed.
Rajendra K Goyal
(Expert) 28 July 2020
The family is already having serious disputes for getting compensate appointment. First they should arrive at some amicable solution. After that departmental rules need to be referred for eligibility in relation to agreed person.
