Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

VIJAY (NIL)     20 February 2014

Compassionate appointment

Respected All,

This is with regard to Compassionate Appointment, my father was an employee in Canara Bank and in the year 2009, he died due to Chikungunya Fever while he was still in the service. Due to the Bank management torture and harassment he was even not allowed to take leave while he was suffering from severe fever.

In the year 2009 he got expired and in the medical reports it was stated that due to high fever multiorgan failure,at that time he was the only sole bread winner and we had lots of Debt due to his medical expenses and to look after the family ( father , mother and three children) and i would like to mention in the points wise what all problem we are facing.

1. During the cremation day few bank people visited our house and assured that they will providing all the help and even assured that they will help in getting job to any one of the family member.

2. Later after few days when we visited the Bank they consoled us and told that Full and Final Settlement is not yet ready and to come back after few days for the same.

3.When we visited after few days, first they showed all the documents pertaining to the Loan and debt which my father had and told us to repay first ,at that time my mother requested them to provide a job (even any lower cadre) we repay the loan and debt, but the same was denied.

4.Later they did all the Full and Final settlement, they deducted the money from my father PF and even from the Insurance money also.

5. At that time my sister was unmarried , the money which we had kept for her marriage in the same Bank even it was drawn from the bank authority to recover the loan even without informing us.

6.Then it was told to us that they will provide us some Ex-gratia amount if we sign and give some documents (Stating that we understand there is no provision for Compassionate Appointment  kindly provide us the lump sum amount),during this time also we requested to provide job again it was denied.

7.After repeated visits and moving from one pillar to another till this date we didn't get any proper reply from the Bank authorities.It is more than 3 years we have not yet received the justice.

They grabbed the amount from our account without informing us, they did reimburse the Medical expenses which occured for my father and even deducted insurance amount from the settlement amount.

I do agree mandatorily they do not have provision to provide job ( as in the Central Government  and State Government ) but as per my knowledge there are some provision for the Bank management where they can provide the job in the rarest case, but i do want to ask why there is such bifurcation between Central Government and Bank employees.

Whether we will get justice or not after more than 3 years also we have not yet received any sort of proper information regarding the same (Compassionate Appointment  or even Ex-gratia ) even there are some latest memorandums where it is suggested that jobs can be provided if there is financial hindrance to the family and even there is extension for applying for the Compassionate Appointment ( Before it was within 3 years and now it has been extended) 

Is there anyone who can genuinely help in this matter, it will be great helpful to us if we get any sort of help.

 

Regards,

VIjaya Raghavan.G

 



Learning

 21 Replies

Sudhir Kumar, Advocate (Advocate)     20 February 2014

deduction of money (any head) from PF is itself illegal.

 

But deduction of loan from gratuity, PF and bank a/c is fully legal and  bank cannot accept that provide me job so that loan can be repaid.

Sudhir Kumar, Advocate (Advocate)     20 February 2014

you have never made it clear whether compassionate job has been applied for in writing and if so when.

1 Like

VIJAY (NIL)     20 February 2014

Sir,

With lots of pain i am writing this mail, so far i was not getting any right platform but one of my friend told me about this website so i have use this.

1.Sir, It was the assurance given from there end regarding the job, even we submitted the application for the same ( even i have sent the application through the registered post i have the acknowledgement).

2.When we visited the Bank we did not get any proper reply (once even they told your application will be thrown to dust bin its of no use in submitting the same, even we requested them to keep the application in file for record purpose, even they did not do that).

3. Sir, the money which we had kept for the marriage of our sister was drawn from the account after 11/2 year that too not immediately ( in 2009 my father expired and in 2010 end they withdrawn the amount from my mother account), it is indirect theft, without informing us  they have withdrawn the amount.How can they withdraw the amount like this....

4.Even it was assured that if not possible for Compassionate Appointment they would provide the Lump Sum Exgratia (but need to undersign some documents in writing that we will not apply for Compassionate Appointment ) when there is no provision for Compassionate Appointment why they will undertake such documents with all family members signature and till this date we have not submitted as we want explanation for the same.

5.Sir it is not me even many people like me are suffering like this, in rare case employee will expire while in service why the organization cannot take care of there employee family after his death,whole life the employee will sacrifice for the organization sake but finally this is the treatment he/she gets.

6.My father got lots of appreciation while he was in Service for his performance , but after his death the Canara Bank management or Higher authorities didn't had the courtesy to explain us whom to contact for further procedure.

7.Sir, it is not the matter of money, it is the question of one's loyality . A person will sacrifice his most of the time for the organization with loyaly but after his death his family will be treated like nothing, some times we were made to wait whole day to give a bit information.

8.Also i would like to ask whether caste  do play a major role in this issues..?,whether if a person is from any lower caste he will deprived from each and everything, as it is not only now but from long period they will suppress the lower community people ( as i have heard in certain cases even in recent times jobs have been provided on Compassionate Grounds for some people in Banks)

9.That too in Organization like Canara Bank i was not expecting this will happen, every one should feel proud in the organization they are working for, but now we are regretting why our father was one of the  employee there.

 

Finally i would like to attach few documents which i have collected like Office Memorandum, Compassionate Appointments related please clarify the same if possible or give any legal option to get justice or give details of any other platform, from know onwards  i will knock several doors atleast one may open. 


Attached File : 750733203 time limit for compassionate appointment.pdf, 750733203 faq compassionate appointment.pdf, 750733203 office memorandum, 23rd report parlimentaly commitee.pdf downloaded: 266 times

Sudhir Kumar, Advocate (Advocate)     21 February 2014

 

YOU SAID

1.Sir, It was the assurance given from there end regarding the job, even we submitted the application for the same ( even i have sent the application through the registered post i have the acknowledgement).

UNDERSTOOD

You are probably referring to the immediate collegues in your father’s branch.  They have nobody to offer you a job or even assure the same.

Sudhir Kumar, Advocate (Advocate)     21 February 2014

YOU SAID

 

2.When we visited the Bank we did not get any proper reply (once even they told your application will be thrown to dust bin its of no use in submitting the same, even we requested them to keep the application in file for record purpose, even they did not do that).

UNDERSTOOD

You again appear to be referring to the Bank branch.  You are

VIJAY (NIL)     21 February 2014

Sir,

If it was the colleague or any other staff members, we would not have taken into consideration, but it was the Branch Manager, who assured us and i know in the court or anywhere these oral assurance will not work but i need to ask one thing “if there is no proof we won’t get justice itself is it..?".

When there is a provision for the management in the Banks to provide jobs on Compassionate Basis why they won’t provide, have the corruption reached there also.

Sir ,what is the further course of action need to be taken or available (Nor we have got the Appointment or the Ex-Gratia amount as per the provision) since it is not only question of mine, like me there will be other Brothers and Sisters who are facing the issues as i am facing. It was not so easy to look after the family after the sudden demise of the sole Bread Winner. I do not want this kind of experience to be faced by others.

"Laws are made by Human Beings, Human Beings are not made by Law" a strong will power or Kind heart is needed for such decision. Here the so called unions also did not help us, when it comes to the question of poor people nobody will extend their hand.

We have faced so much that i am ready sit on Indefinite Strike, but i merely need justice not only for me but for all those families who have faced like this, in future no other family should not be taken as granted and not to be treated however they want.

1.       If any family passes through such experience they should be provided immediate help (They need to provide the job as they are providing in Central Government or State Government or let them abolish the scheme all over India for the entire department irrespective of Government or Semi-Government or Private Bodies).

2.       They should set up a Special Cell (In the H.R Department, itself) to handle this type of situation but not to treat like animals.

3.       Proper information (what all debts, loan or any other financial recoveries) need to be given for the members of the family immediately but not to take their own sweet time as in our case they have withdrawn the money after 11/2 years stating it is for the recovery of the loan.

4.       Even there are lots of Caste bias, need to set up separate forum for such people not just in the documents but practically it should be implemented.

I want everybody to join me in this, if you have any more suggestions it is most welcome. I know this is a Public Forum and lots of people will view but it should not just for only reading purpose. Let all of us join together and as a common people now we will initiate the process.

My mail id vijaygoyash@gmail.com

Sir, now let us know what is the next option available for me even we have not signed any documents nor availed any Ex-gratia, what is your opinion and also let us know whom to approach with above demands or kindly suggest how to file a Writ petition in the Court with above demands.

Sudhir Kumar, Advocate (Advocate)     21 February 2014

Branch manager is not competent to promise compassionate job.  He is appointee authority of none.

Sudhir Kumar, Advocate (Advocate)     21 February 2014

YOU SAID

3. Sir, the money which we had kept for the marriage of our sister was drawn from the account after 11/2 year that too not immediately ( in 2009 my father expired and in 2010 end they withdrawn the amount from my mother account), it is indirect theft, without informing us  they have withdrawn the amount.How can they withdraw the amount like this....

UNDERSTOOD

You appear to have been waiting and so far not moved to consumer court.  You have probably lost limitation for the same and soon limitation will be lost for civil suit as well, even if found feasible by your lawyer on seeing all papers.  Contact lawyer urgently.

Sudhir Kumar, Advocate (Advocate)     21 February 2014

YOU SAID

4.Even it was assured that if not possible for Compassionate Appointment they would provide the Lump Sum Exgratia (but need to undersign some documents in writing that we will not apply for Compassionate Appointment ) when there is no provision for Compassionate Appointment why they will undertake such documents with all family members signature and till this date we have not submitted as we want explanation for the same.

UNDERSTOOD

You are still not clear if the bank is following Govt policy on compassionate jobs and whether compassionate job vacancy in 5% DR quota in lowest grade is available.

Sudhir Kumar, Advocate (Advocate)     21 February 2014

YOU SAID

5.Sir it is not me even many people like me are suffering like this, in rare case employee will expire while in service why the organization cannot take care of there employee family after his death,whole life the employee will sacrifice for the organization sake but finally this is the treatment he/she gets.

UNDERSTOOD

Death of employee within service is not rare.  Some  soldiers are dead and disabled in war or operation their families also have to wait if they can get job in this 5% quota. Sometimes they do not get this job.

Sudhir Kumar, Advocate (Advocate)     21 February 2014

YOU SAID

6.My father got lots of appreciation while he was in Service for his performance , but after his death the Canara Bank management or Higher authorities didn't had the courtesy to explain us whom to contact for further procedure.

7.Sir, it is not the matter of money, it is the question of one's loyality . A person will sacrifice his most of the time for the organization with loyaly but after his death his family will be treated like nothing, some times we were made to wait whole day to give a bit information.

UNDERSTOOD

You are not cler which all the higher authorities you approached.

 

Even those soldiers dead and disabled in war their families also have to wait if they can get job in this 5% quota. Sometimes they do not get this job.

Sudhir Kumar, Advocate (Advocate)     21 February 2014

YOU SAID

9.That too in Organization like Canara Bank i was not expecting this will happen, every one should feel proud in the organization they are working for, but now we are regretting why our father was one of the  employee there.

2. Later after few days when we visited the Bank they consoled us and told that Full and Final Settlement is not yet ready and to come back after few days for the same.

3.When we visited after few days, first they showed all the documents pertaining to the Loan and debt which my father had and told us to repay first ,at that time my mother requested them to provide a job (even any lower cadre) we repay the loan and debt, but the same was denied.

UNDERSTOOD

You are not clear whether loans actually existed and whether these could not be adjusted from gratuity.

Sudhir Kumar, Advocate (Advocate)     21 February 2014

YOU SAID

4.Later they did all the Full and Final settlement, they deducted the money from my father PF and even from the Insurance money also.

UNDERSTOOD

Deduction of money from PF is illegal.  I do not know if your case is within limitation.  Meet your lawyer

Sudhir Kumar, Advocate (Advocate)     21 February 2014

YOU SAID

5. At that time my sister was unmarried , the money which we had kept for her marriage in the same Bank even it was drawn from the bank authority to recover the loan even without informing us.

UNDERSTOOD

You appear to be beyond limitation for consumer court.  Please meet your lawyer with papers to see if civil suit is feasible and advisable


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register