Legal advice to get govt job under compassionate ground
PARVATHI KRISHNAN
(Querist) 27 April 2012
This query is : Resolved
Sir..great! I am parvathi from chennai..I need legal advice to proceed my effort to get job under compassionate ground of my father ..He was absconding on 30.06.1990.We file a FIR in local police..meanwhile my mother applied for job under compassionate ground ..But in office adviced to come after 7 year with police certificate ..Mother followed his advice and applied again 1998..Meantime one lady giving petition to my father officer for claiming my fathers benefit..She said that she was a second wife..Officer informed us to get a court decree and apply the benefits. We filed a case and get the court decree..1997 29 oct , my mother also dead due to ill. we are minor when my father was missed and we depend to relative after my mothers death.The court decree seems to be death get on 05.03.2004..we proceed a application for job under compassionate ground..officer adivced to us that the tamilnadu government ban the job from 2001. and give a requisition letter to return the HBA documents paid the dues..we followed... Today i was in very worse economical situation, i given a petition to my father office for job under compassionate ground..they sent a return letter for my petition that they refuse my requirement under three rules... that is (1)i was married (2) we are not applied with in 3 years from the date of court decree(3) and my age limit overed 35yrs..These are the problems ..Sir please give a advice to get the job? What way to get ? shall i apply succession certificate to get the job?what is your best opinion for my case Parvathi krishnan
MohammedRaffiq Bijapur
(Expert) 27 April 2012
Hello Parvati
I believe that u have a good case
Pls consult a High Court Advocate dealing service matters. Ensure that the Tamil Nadu Civil Service Rules particularly the department which ur father was working. Hope alive.. Good luck
R.RAJENDRAN
(Expert) 28 April 2012
The ban imposed by the TN Government is no longer in force.
Further, in your case, cause of action has commenced in the year 1998 it-self, even before the imposition of ban, which is no longer in force.
You have got the Court decree in your favour.
There are so many decisions of the Madras High Court, involving same set of circumstances and facts, directing the TN Government to grant employment to the petitioner on compassionate grounds.
You must be careful in choosing the lawyer, as it is a case relating to your life and livelihood.
I am confident that you case can be won in the High Court.
prabhakar singh
(Expert) 29 April 2012
A WRIT SHALL LIE BUT IT SEEMS TOO LATE TO GET AN ORDER UNLESS YOU HAVE PROOF OF YOUR MOVING FIRST APPLICATION TIMELY AND THE SAME GOT REJECTED,WHICH WAS THE RIGHT TIME TO MOVE TO HIGH COURT.
R.RAJENDRAN
(Expert) 29 April 2012
You have got a good case. Three years period will be applicable, only if no action is initiated with in three years after the sever year period is over in the case of person not traceable.
In your case, as you have stated you have initiated action- your mother initiated action prior to the year 1998. Therefore, there is a good case for you to file writ petition.
Since I am practicing in Madras High Court in Service Matters also, I am of the opinion that your case is covered by favourable decisions of the High Court of Madras. Please contact: 9444407394
R.Rajendran, 13/7, Third Cross Street, C.I.T.Colony, Mylapore, Chennai-600004
