Compassionate grounds job rejection

Raj (Querist) 28 February 2025 This query is : Resolved
My Mother worked as a government teacher in tamil nadu and she was died in 2016. I Applied for the compassionate grounds within three years limit. They accepted my application in 2019 and told that your name was in the seniority list. Now, They rejected my application stating that father's pension is exceeding the limit of 3 Lakhs as Per New G.O.

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An applicant's compassionate grounds job application for their deceased mother, a government teacher in Tamil Nadu, was rejected due to their father's pension exceeding a new limit. While compassionate appointments aim to help families, they are not a right and depend on eligibility. The applicant's case appears weak due to the delay in application and the family not being deemed the poorest compared to others, especially after nearly 10 years since the mother's death.

T. Kalaiselvan, Advocate (Expert) 28 February 2025
A compassionate grounds appointment can be rejected under the new Tamil Nadu law, even though it is intended to help families in need, as the appointment is not considered a right and can be denied if the applicant does not meet the eligibility criteria or if there are issues with the application, including lack of supporting documents or if the appointing authority is not satisfied with the circumstances; however, the Madras High Court has stated that such applications cannot be rejected solely due to a lack of vacancies and should be forwarded to a department where vacancies exist.
The applicant must meet specific criteria laid out in the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, including being a legal heir of the deceased government servant and demonstrating financial hardship.

Sudhir Kumar, Advocate (Expert) 02 March 2025
You seem to have misunderstood. The is not "seniority list “of candidates being considered for compassionate job.

It is only a comparative table of all applicant showing the assets and liabilities of the family. This table is periodically reviewed. Only those candidates who are only the top of poverty gradation are given 5% of direct recruit quota in Gp C&D posts. Even this 5% is further subject to reservation for SC/ST/OBC. Remaining candidates are again considered with fresh applicant s and the date of death has absolutely no relevance.

Such job is violation of Article 14&16 of the constitution and there is no statutory right and is governed only by administrative instructions only. This scheme operates because so far none has challenged this.

You have hidden the facts as to whether your father is only receiving family pension of your mother or is also receiving his own pension as well.

Given facts indicate that:-

1. On the death of your mother the family was not starving.
2. You did not apply immediately after death.
3. Deptt was kind enough to considered your belated application.
4. You were considered.
5. Your family did not figure as poor enough as compared to others.

Prima facie you have no case unless you can prove that the facts in the comparative merits were manipulated.

Dr. J C Vashista (Expert) 02 March 2025
Very well analysed, opined and advised by learned senior expert Mr Sudhir Kumar, I fully agree and appreciate his acumen

P. Venu (Expert) 17 March 2025
"They rejected my application stating that father's pension is exceeding the limit of 3 Lakhs as Per New G.O". Is it the pension amount independent of the family pension of the deceased Government servant (your mother)?

Sudhir Kumar, Advocate (Expert) 11 August 2025
In any case you have no case after about 10 years of death.

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