Compassionate appointment
arunachalam
(Querist) 29 September 2012
This query is : Resolved
Orphans and destitute children of government employee who have lost their parents before attioning the 18 years, (i.e father and mother of children died when he/she was 6 years old)may they eligible for compassionate appointment ? i was lost my father and mother 24.9.1994,17.9.1995 respectively at the time i was 6 yrs old though my uncle send the application to collector for me within the period of 3 yrs on 27.8.1997
ajay sethi
(Expert) 29 September 2012
The purpose and objective of compassionate appointment is to provide immediate succour to the bereaved family whose sole bread earner has died in harness. It is not a source of recruitment. It only enables the family to tide over the sudden situation crisis and not to give a member of such family a post much less a post held by the deceased. It is not a kind of right of succession in the service when the employee has died in harness. The compassionate appointment has always been considered to be an exception to the Rules made in favour of the family of the deceased employee in consideration of services rendered by him and legitimate expectations, change in status and affairs of the family endangered by the erstwhile employment which are suddenly upturned. It cannot be allowed as a matter of course. There is no question of reserving a vacancy for the Dependents of deceased employee so as to provide them as and when they claim the same after acquiring requisite qualification, age etc. If compassionate appointment is allowed after reasonably long time, it would defeat the very object of assisting the family of deceased employee to tide over the sudden crisis resulting due to the death of bread earner, leaving his/her family in penury and without any means of livelihood.
ajay sethi
(Expert) 29 September 2012
In Sanjay Kumar Vs. State of Bihar and others, Judgment Today 2000 (10) SC 156, the Apex Court reiterated that the compassionate appointment is provided only to enable the family of the deceased employee to tide over sudden crises resulting due to the death of sole bread-earner who had left family in penury without any means of livelihood but it cannot be treated to be a reserved vacancy for the dependants of the deceased Government servant who died in harness
ajay sethi
(Expert) 29 September 2012
In the case of Haryana State Electricity Board Vs. Krishna Devi, 2002 LLJ 773, the Apex Court while reiterating the objective of compassionate appointment as laid down in the earlier cases further observed that the application made at a belated stage cannot be entertained for the reason that by lapse of time, the purpose of making such appointment stands evaporated.
14. If the family has sufficient means to survive for years together and can take care of the minors who have turned into major after undergoing educational qualification etc. that itself would be evident to show that now the family is not in financial crises as it could have at the time of sudden demise of the deceased necessitating compassionate appointment at a late stage i.e. after several years.
Sudhir Kumar, Advocate
(Expert) 29 September 2012
Your query is vague. But it gives sufficient information to say that you have no eligibility for compassionate appointment.
arunachalam
(Querist) 29 September 2012
i was refer case of A. Musthfa Iqbal Basha vs. State of Tamil Nadu, represented by its Secretary to Govt. Education Department, Chennai and others, reported in 2011 (4) M.L.J. 438 in support of petitioner's claim. In the judgment reported in 2007 (7) M.L.J. 117, it was held that, " Where the application for compassionate appointment was made within three years of death of deceased employee, but was rejected due to the reason that claimant has not attained the age of 18 years, the claimant is not qualified to any post. When the second application has been submitted on attaining majority it cannot be treated as fresh application made beyond three years from the date of death of the deceased employee. " In the judgment reported in 2011 (4) M.L.J
Arvind Singh Chauhan
(Expert) 29 September 2012
I agree with Sethi Sir as it is not a right of aggrieved family. But you should try at first check the concerned rules of your state. Employee was central govt employee or State Govt ?
Recently in such a case Uttarakhand HC held as below-
Delay in making application for compassionate appointment was the petitioner’s minority at the time of his father’s death- After attaining majority he applied for appointment- could not be said belated- Authorities directed to condone delay- UTT-UAD-2009(1)-578.
UP recruitment of dependants of Govt. servants dying in Harness Rules 1974, Rule 5- Application for compassionate appointment rejected on grounds of being delayed and was barred by limitation- petitioner being a minor at the time of his father’s death could not apply for compassionate appointment- State Govt. empowered to condone delay in such case, minority of petitioner sufficient reason to condone delay- Impugned order accordingly, set aside and the respondent directed to reconsider the matter in the light of observation of HC- UTT-UAD-2009(1)-614.
Sudhir Kumar, Advocate
(Expert) 29 September 2012
As per Govt policy compassionate appointment is not a buried treasure or undated cheque.
Five years back you become 18 years old and instead of attempting (or failing to get)to get Govt job on your own effort, you have woken up with the idea when soon you find yourself to be getting overaage.
Anyway you can try. Good luck
