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Compassionate Appointment in Postal Department.

(Querist) 27 September 2009 This query is : Resolved 
Hello Sir / Madam,

I have a huge concern to be addressed by the legal experts in this forum.

My father died during his service in Dept of Posts in the year 2000 and I have applied for a job under compassionate Ground appointment.

Till now, it is almost ten years, there is no proper progress in the issue and my files are still pending.

Could you please advise me in regards to whether there is any leagal proceedings is possible, because my father was the only bread winner for my family.

Seeking your expertise and guidance in this regards.

Thanking you,
Yours sincerely

Guest (Expert) 27 September 2009
Dear Mr. Kumar,

As per recent Supreme Court's verdict, 'compassionate appointment' cannot be sought as a matter of right.

You can seek frequently check the status of your application by applying to the authorities concerned. Meanwhile, you can seek the data of 'waiting list of compassionate appointment applications' under RTI. If you are superseded in the appointment, you can seek the remedy either through proper channel or by way of writ remedy.
A. A. JOSE (Expert) 27 September 2009
As has been rightly stated by Mr.Siva Subramanian, compassionate appointment is not a matter of right. It is an exception to the normal rule of open market selection after advertising the vacancy by following the recruitment process in the Government Offices as mandated by Article 16 of the constitution of India. The objective underlying the compassionate appointment is to provide immediate help to the family of the deceased employee to overcome sudden financial crisis created due to the death of the breadwinner. Different departments/organisations have framed norms/schemes for such compassionate appointments. There have been several judgements of the apex court that compassionate appointment should not be given after the lapse of considerable period of time,say over 5 years or so. In view of the above, if Postal department has a scheme of giving compassionate appointment which permits appointments irrespective of the time span and you are meeting with their eligibility criteria as per the scheme, you may move the higher level authorities of the Postal department first and thereafter think of seeking legal remedies if you are denied such appointment without valid reasons.
Raj Kumar Makkad (Expert) 27 September 2009
If you and family has survived even since last 10 years of the death of your father then there is no need of compassionate appointment as held by Hon'ble SC in its latest rulings. detailed reply has also been submitted by my learned friends, I agree with them.
Kumar (Querist) 28 September 2009
Thank you one n all for your valuable expert advise for the query which i posted.

A quick clarification with Mr. Raj Kumar Makkad's point :

Would'nt the below issue be considered for this 10 years of delay :

We are surviving only on the hope that some day or the other compassionate ground appointment would occur. Hence we are waitng waiting for 10 years.

If the dept would have given it in 3rd/5th/ nth year definitely we would have got into the service.

Also, as you mention, we were able to survive for 10 years. But how this survival has happened. Only by getting liabilities, loans, mortgages and etc hoping that dept would absorb us for the service and thereby these commitments can be fulfilled. If, it was known earlier that dept would delay this much time, then our survival would be in question.

I have put forth my laymen knowledge of points. Please clarify whether this can be taken into consideration.

With regards,
DD Sathe (Expert) 29 September 2009
You have not mentioned reason for unfortunate death of your father-whether normal or accidental related to his job ? This could make some difference in compassionate situation and may help you get compensation in lieu of job, subject to service rules of postal dept.
Our symphatise go with you.
All the best.
Sachin Bhatia (Expert) 29 September 2009
Agreed with the views of Mr. R.Siva & Mr.A.A.JOSE

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