Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Compassionate Appointments

(Querist) 15 June 2018 This query is : Resolved 
My father worked in govt degree college andhra pradesh and died . I am his daughter married and divorced and my elder brother working in public sector bank got married and living seperately leaving me and my mother. . Am i elgible for the job
K Rajasekharan (Expert) 16 June 2018
Compassionate appointment is given to economically poor families which find it difficult to carry on their life due to the sudden death of a bread winner.

You can try your luck by submitting an application, it seems.

Ms.Usha Kapoor (Expert) 16 June 2018
You can Try for job in your father's govt department on compassionate grounds and try your luck. Good luck.
Sudhir Kumar, Advocate (Expert) 16 June 2018
seems difficult case
Dr J C Vashista (Expert) 16 June 2018
Although you are eligible to apply for a compassionate job, yet you are required to consult a local prudent lawyer with full facts and circumstances of the case.
Kumar Doab (Expert) 16 June 2018
1st thing 1st;

Download the Compassionate Employment rules applicable to establishment and apply under proper acknowledgment..
If you are facing any difficulty take help of Father's colleagues, Seasoned employee's/trade union leaders .......
Kumar Doab (Expert) 16 June 2018
Approach very able senior counsels of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc

Your counsel shall have plethora of precedence's and judgments to help you in various objections and situations created by establishment..
kavksatyanarayana (Expert) 16 June 2018
In the family of the deceased employee and if the son is employed and separated from family, then wife, other son or unmarried/widowed daughter may submit application to the appointing authority with necessary certificates. consult any lawyer having knowledge in service matters or seniors of the department.
Sudhir Kumar, Advocate (Expert) 17 June 2018
local lawyer may not be having knowledge of service matters.

rather you need not consult any lawyer at this stage.

You have not intimated if you contacted the authorities. you have not even indicated how old is he death.
Sudhir Kumar, Advocate (Expert) 17 June 2018
The best of sympathy with you family will not compel me to give a wrong advise to lead you to litigation expenses out of badly depleted resources. Prima-facie the compassionate job is not enforceable right. Compassionate jobs are given only out of 5% of Class III&IV posts (in direct recruitment quota) and comparative merit of the applicants is assessed. Remember reservation beyond 50% is not allowed as per Supreme Court guidelines. The Govt sector jobs are already reserved to the extent of 50% (15 SC+ 27 OBC + 7 ST). Therefore even that 5% is to be taken from the proportionately by vertical reservation from the respective share of Sc/ST/OBC/gen category posts depending upon the category of the applicant. That being the case the share if gen candidate is 5% of 50% = 2.5% out of total Class III&IV posts (in direct recruitment quota) , and OBC it is 5% of 27% = 1.25% out of total Class III&IV posts (in direct recruitment quota) , for SC 5% of 15% = .75% out of total Class III&IV posts (in direct recruitment quota) , and for ST it will be 5% of 7.5% = .38% out of total Class III&IV posts.

No job can be offered beyond that limit even if the applicants are large number. The slots reserved for Handicapped, ex-servicemen and sports persons are also allocated in the same manner to ensure that horizontal reservation does not exceed 50%. So comparative merit is drawn based on the indignant condition of each family. If a family is more indignant they will be offered job even if death occurred. There is no concept of seniority list/waiting list.


Further while applying for compassionate job you cannot expect the job to suit your qualification or field. It could be any Govt job of Gp-C&D, the designation of which may even be derogatory to you.

In case the job offered is below dignity and declined the case is closed and no other offer is made.

Further being in line for compassionate job is no justification for candidate to to try open competition elsewhere as govt never promised the job till offer is made.
Ms.Usha Kapoor (Expert) 17 June 2018
I agree with sudhir kumar
Ms.Usha Kapoor (Expert) 17 June 2018
I agree with Sudhir Kumar
kavksatyanarayana (Expert) 17 June 2018
Cc, in Andhra Pradesh, the Government have issued G.O.Ms. No. 687, General Administration (Ser-A) Dept,, dated 03.10.1977, G.O.Ms. No.427/GAD/Ser-A/Dept, dated 01.07.1991, G.O.Ms. No.655 Fin (Pen-I) Dept, dated 22.09.2004 and other GOs, circulars/memorandums regarding compassionate appointments. so consult the seniors or retired employees of the department where your father worked. If there is an existing vacancy in your father department, your application may be considered. Otherwise, your father department authorities will send your application to the District Collector who is Nodal Authority of the District for appointment. The Nodal Authority i.e. the District Collector may consider your request to appoint you in any state Govt. Dept. in the notified vacancies.
Kumar Doab (Expert) 17 June 2018
You can benefit from the info posted by Mr. kavksatyanarayana.
Kumar Doab (Expert) 17 June 2018
If the need be approach LOCAL senior counsels of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc

Check for such counsels at LOCAL Labor court/CGIT,CAT, School-Educational Tribunal, Civil Courts, HC,....................

Be assured, there is NO dearth of such counsel at any location.
Kumar Doab (Expert) 17 June 2018
Not you (alone) but the person aspiring for compassionate employment may also check and find IF the establishment offers 'Solatium'.....
Since IF IT is offered then that may end the matter..

In some queries during discussion IT was found that establishment offered solatium and many jurisdictional HC judgments had covered the matter and decided that compassionate employment is not possible .....

Mahoday Sudhir has participated in some queries.... and is aware..
Kumar Doab (Expert) 17 June 2018
Also the court may not be influenced by existing rules


e.g;

Court No. - 4

Case :- WRIT - A No. - 48375 of 2015

Petitioner :- Roobi Mansoori
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Shivam Yadav
Counsel for Respondent :- C.S.C.
https://www.google.co.in/search?ei=NSYlW62WGYn99QOX54vYDQ&q=Roobi+mansoori+vs+sttae+of+UP+and+others+&oq=Roobi+mansoori+vs+sttae+of+UP+and+others+&gs_l=psy-ab.3...2674.15041.0.15301.45.39.0.0.0.0.430.6254.0j12j13j2j1.28.0....0...1c.1.64.psy-ab..17.13.2806...0j35i39k1j0i131k1j0i67k1j0i10k1j0i22i10i30k1j0i22i30k1j33i160k1j33i21k1.0.M_ZSPigkZpM
Isaac Gabriel (Expert) 18 June 2018
The facts you have given entitles you for compassionate job.Certificate from revenue authorities that you were dependent on your father at the time of his death to be produced.No doubt you can get the job.
krishna mohan (Expert) 22 October 2018
I agree with the views of Mr. Isaac Gabriel. You can give a representation with all supporting documents. If efforts fail you can file a case with tribunal with the guidance of legal expert on services matters of your region.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :