Compassionate appointments

Did you write to management for confirmation / absorption ?

Yes sir, I have written to management and theere was no response. 

Issue a legal notice followed by filing of appropriate proceedings through a local prudent lawyer.

Thank you sir

You can serve legal notice or even seek relief/appropriate direction from the competent court. But please note that compassionate appointment is not a right.

What were the terms of appontment as a trainee? Did it say that at the end of the training period, the trainees would be appointed to posts?    Are the 299 others also compassionate appointees?  Compassionate appointment in not a right.

Dear Dr. Ramani,

Please appreciate the fact that this query is regarding confirmation and absorbtion of already recruited / employed and working employees (stated to have been appointed 4 years before on compenssionate grounds) which is not a fresh appointment.

Thanks and Regards

The person has to clarify the points raised by me. The appointment as trainee itself may have clauses stating what after training. The 300 others may not be compassionate appointments. It may be like agnipath.

Good morning sir, 

Terms mentioned in the contract was, after four years of training, as per the vacany we will be absorbed inside the company. 

1. Previous batches have got appointment on compassionate grounds in 2006.

2.Inbthe same year, when we approched employees union requesting us to consider us on compassionate appointment, they said you will be absorbed in next batch. 

3. If I correctly understand the very need for providing training, the deceased employee son/daughter does not have required techincal qualification, then in that case the person is given four years of techinical training and then absorbed inside. 

4. When there are other techinical trainings less than 2years, why is this PSU giving 4 years of training and paid very less (who has finalied on the wages not sure) 

5. Who is the govt body who has approved the four years of training. 

6. Basic essence of providing training to deceased employees son/dauggter is to give appointment, but after training if appointments are not given, then why is employer expoiting us for 4 years. 

7. Yes sir all 300 cases are deceased employees sons, waiting for compassionate appointment s

Once an employee has joined the organisation, whether it is by direct recruitment or compassoinate appointment, it needs no fresh appointment.

Training period of 4 years and less payment to compassionate appointees, as stated by you,  is discreminatory, which is required to be assialed through proper channel and/or Union (within organisation). If the appointees are dissatisfied with the decision they should approach apprpriate Court / Tribunal of jurisdiction.

after four years of training, "as per the vacany"we will be absorbed inside the company.

"as per vacacy" is the catch.

If it was a scheme specifically for compassionate appointment, your case becomes stronger. Public Sector Undertakings are limited companies independant of the Government. The control of the Government is only as a shareholder and it is limited high financial matters. The decision in these matters would be by the Board of Directors or by a committee constituted for the purpose by the Board. Even the Managing Director can decide small cases. You can find out who is the authority through RTI. Even your Union leaders may know.
 

Dear All, 

Good morning to all, 

There is recent supreme court judgement on compassionate appointments. 

Compassionate Appointments Must Be Decided Within Six Months Of Applications : Supreme Court

Case Title: Malaya Nanda Sethy v. State of Orissa And Ors. Civil Appeal No. 4103 of 2022

Citation : 2022 LiveLaw (SC) 522

Service Law -Compassionate appointments must be decided within 6 months- considering the object and purpose of appointment on compassionate grounds, i.e., a family of a deceased employee may be placed in a position of financial hardship upon the untimely death of the employee while in service and the basis or policy is immediacy in rendering of financial assistance to the family of the deceased consequent upon his untimely death, the authorities must consider and decide such applications for appointment on compassionate grounds as per the policy prevalent, at the earliest, but not beyond a period of six months from the date of submission of such completed applications 

Basically it is a stale case for compassionate apppointment. It is not undated chque.  It annot be claimed after 20 years of death

Apprentiship is neither an employment nor an assurance for the same.

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 sots 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 there are 300 persons waiting for compassionate job then in one year there must of 6000 gpC&D vacancies.  You have not how many times you were osidered.