Compassionate ground appointment
Sumeet Parmar
(Querist) 12 September 2016
This query is : Resolved
Hello sir's I was applied for cga after my father's death 21.04.2009.(my father died on 10.02.2008)to principal general manager.i getting reply on 17.03.2012 from AGM (esst) not considering my application and rejected.i use RTI and found my application get point 61 which is greater than 55 for eligible for the same. I re-applied on 21.10.12 with above clearance. Thereafter i get replied on June 2013 with same reason by AGM.
My questions are as below
1.i m really not eligible OR can I should apply one more time?
2.AGM has a authorization for the rejection for the same?
3.my application reached to corporate office ?
4.i have no idea what to do Pls help
Sumeet Parmar
(Querist) 12 September 2016
My father was employee in bsnl as telephone MECHANIC(TM) I have wife,2 ur old daughter,mother,younger brother,sister(married)
Sudhir Kumar, Advocate
(Expert) 12 September 2016
you have not intimated the weightage points of the appointed person and the number of available vacancies.
Devajyoti Barman
(Expert) 12 September 2016
Well, refer to the service rules of the organisation on appointment on compassionate ground.
However do note that there is no legal right of legal heirs of the employee to get appointment merely on compassionate ground ,more so, if the employer does not have any policy in regard thereto.
Only if the organisation even in presence of policy on compassionate appointment arboitearly rejected your candidature your relief lies in writ jurisdiction of high court.
Kumar Doab
(Expert) 12 September 2016
Approach a very able counsel specializing in service matters and get all docs, rules, application, rejection, reply etc examined for a considered opinion.
Kumar Doab
(Expert) 12 September 2016
There are many threads on 'Compassionate Appointment' at LCI that you may find relevant, including involving M/s BSNL e.g;
http://www.lawyersclubindia.com/experts/Appointment-on-compassionate-ground--604946.asp
N.K.Assumi
(Expert) 12 September 2016
It entirely depends on the existence of vacancy.
R.K Nanda
(Expert) 12 September 2016
Nothing to add more.
Sumeet Parmar
(Querist) 13 September 2016
Thanks to all but I have still not get the way which i was looking through union or court case for my application considered even it's put in waiting lists too.
Kumar Doab
(Expert) 13 September 2016
It was suggested that you may go thru another illustrated thread and the link was given, and that you may show all docs on record to a very able counsel, specializing in service matters.
The link to unions, service rules and citations are also available in other thread.
If BSNL has not adhered to the system, in your case, then you can certainly exhaust the internal remedies and approach court of law.
Sudhir Kumar, Advocate
(Expert) 13 September 2016
Most of the persons making query regarding compassionate appointment are per-se grossly;y ineligible.
In this case the querist (as per given facts) doe snot seem to be ineligible and seems to have lost merit.
He can use RTI and get full details and then meet a lawyer.
Kumar Doab
(Expert) 13 September 2016
Mr. Sudhir Kumar post should also give confidence to you.
Approach a very able counsel specializing in service matters and get your matter properly assessed.
Sumeet Parmar
(Querist) 13 September 2016
Thanks Kumar Doabji i surely will use the link and Mr sudhir Kumarji thanks to you also for advice i will have to do that.
I'm belongs to SC community,how much benefits can i gain in my case?
Sumeet Parmar
(Querist) 13 September 2016
How can I get reference in union any site, mail Id, contact number have pls suggest
Kumar Doab
(Expert) 15 September 2016
"How can I get reference in union any site, mail Id, contact number have pls suggest"
Log onto union website.
Ask local leaders.
Kumar Doab
(Expert) 15 September 2016
Approach a very able counsel specializing in service matters and get your matter properly assessed.
Guest
(Expert) 15 September 2016
Depends upon your turn in the waiting list of candidates, existance of vacancies and percentage of vacanices to be filled by compassionate appointment, along with compliance of other prescribed conditions.
Only BSNL corporate office of the office of the CGM office can help to provide you information on these issues. There is no scope of winning a job even by hiring a lawyer.
Sudhir Kumar, Advocate
(Expert) 15 September 2016
Unions are not of much help in such cases.
further after 6th Pay Commission the union activities are dim due to filled bellies of employees.
Sumeet Parmar
(Querist) 16 September 2016
But a moral support can gain my case from union if I go through union as well as if I go through labor court?
Sumeet Parmar
(Querist) 16 September 2016
I think i have take information about current vacancy and waiting lists through RTI and current status of my application
Guest
(Expert) 16 September 2016
That is fine.
Guest
(Expert) 16 September 2016
If you think moral support of the union helpful, nobody can prohibit you.
Kumar Doab
(Expert) 16 September 2016
Amongst the body of union leadership you may find a leader that is seasoned and well informed and such leaders can guide properly and of course provide moral support as well.
Various technicalities are involved in each case.
And might also be involved in your case that your counsel can assess and opine.
Approach a very able counsel specializing in service matters and get your matter properly assessed.
Sumeet Parmar
(Querist) 17 September 2016
First answer i get that the ex official expired on 10.2.2008 at the age of 46 years survived by his wife & two sons. The family is living in a rented house. The family pension is Rs.3185/- + IDA and other terminal benefits were Rs. 396764/- the elder son has applied for CGA vide application DT. 21-04-2009
Keeping in View the assets,limited liabilities and overall assessment of the financial condition of the family of the deceased official, the competent authority did not consider the family to be living in penury and therefore rejected the request under provisions of the scheme in accordance with instructions of department of personnel &training laid down in OM No. 14014/6/94-Estt (D) DT 09-10-1998.
What is the meaning of this?
Sumeet Parmar
(Querist) 17 September 2016
Then after I replied that above rule not applicable in my case and such benefits not enough to survive and my waitage point is 61 which is greater than 55 for eligible for the same.
Sumeet Parmar
(Querist) 17 September 2016
Then i got replied that with reference to your application DT. 21-04-2009, it is to intimate that your case has been considered by competent authority and as no new points have been added for re-consideration of compassionate ground appointment case. Your re-presentation has been rejected.
What is the meaning of this?
Dr J C Vashista
(Expert) 17 September 2016
Your compassionate appointment case has been rejected/closed by employer.
Consult a local prudent lawyer, if you still insist and feel strong to get a job.
Guest
(Expert) 17 September 2016
Mr. Sumeet,
What is the use of giving these facts now, when your original query did not get any fact and the experts have to base their replies merely on their guess, as if your case is unsettlled till date?
In fact you have wasted enough time o the experts by hiding the real facts.
Since your case already stands rejected, no authority would like to reopen the case without the direction of a competent court.
So, as advised by Dr. J.C.Vashist, to prve your point, file a writ petition in the CAT/ competent court of law after giving due notice under CPC 80 to the appropriate authority.
Kumar Doab
(Expert) 17 September 2016
Agreed.
You should have posted full facts in 1st query.
Nevertheless, your supplementary queries have also been properly addressed.
Kumar Doab
(Expert) 17 September 2016
It has alrady been posted that;
"There are many threads on 'Compassionate Appointment' at LCI that you may find relevant, including involving M/s BSNL e.g;
http://www.lawyersclubindia.com/experts/Appointment-on-compassionate-ground--604946.asp"
Kumar Doab
(Expert) 17 September 2016
In the other thread referred to you, you might have noted that;
"Man wins fight against BSNL for compassionate posting
Apr 30, 2012,
"the individual is treated as living in indigent conditions and eligible for compassionate appointment but Dilip was given only 36 points. His claim was rejected by the circle high power committee in October 2010. ……………….“the bench added that the weightage point system adopted by BSNL was not in accordance with the instructions of the DoPT.”
"
The defects in the response of Dept., assessment of indignant condition etc etc etc....................., options,remedies,merits etc etc can be examined by a very able counsel specializing in service matters.
As already suggested; approach your able counsel.
Kumar Doab
(Expert) 17 September 2016
Repeated at:
http://www.lawyersclubindia.com/experts/Compassionate-ground-appointment--616596.asp
