compassionate appointment
Querist :
Anonymous
(Querist) 11 August 2014
This query is : Resolved
sir my father working in eastern command defence as a civillian post my father died in harness while in service.i am married and i apply for compassionate appointment. four year past away i could not get the job .in that situation what i do can i get my father job if yes how plz help me
Dr J C Vashista
(Expert) 11 August 2014
Otherwise you are ineligible, and I should not have entertained anonymous query.
Take a chance, apply for an appointment (purly on humanitarian grounds) citing financial problems especially mentioning that you are unable to look after your mother (if alive) as well other family members emphasing minor brother(s)/ unmarried sister(s) (if any), yourself unemployed and no other source of income to maintain family.
Advocate. Arunagiri
(Expert) 11 August 2014
Policy matter on Compassionate appointment of civilians in lower formations of Deptt.of Defence (individual cases are to be dealt with by concerned administrative sections). Review under FR 56(j) in respect of Group ‘A’ and ‘B’ employees. In respect of Group ‘C’ employees, the cadre authorities themselves review but where the person is recommended to be prematurely retired, the cases comes to D(Lab) for RM’s approval.
You can approach the Armed Forces Tribunal for getting job under compassionate appointment.
What is your current age
What is your age when your father died
When you have applied for the compassionate appointment.
When you got married.
If you can give reply for the above Q. I will be in a position to give my opinion further.
Dr J C Vashista
(Expert) 11 August 2014
Dear Arunagiri,
As his deceased father was employed as a "civillian" in defence service, the case will not be entertained by Armed Forces Tribunal but Central Administrative Tribunal.
Isaac Gabriel
(Expert) 11 August 2014
In exceptional circumstances,married son is also granted compassionate appointment if he undertakes to take care of the deceased.
ajay sethi
(Expert) 11 August 2014
anonymous query
Sudhir Kumar, Advocate
(Expert) 11 August 2014
I am constrained to disagree with all.
Married son/daughter is not at all eligible for compassionate appointment.
No humanitarian ground or exceptional circumstances can be admissible as eligible dependents are otherwise (always) in waiting list. In Armed Forces not even dependents of civilian employees rather dependents of deceased soldiers also apply in same quota of 5% of DR vacancies in lowest Gp-C&D posts.
Sudhir Kumar, Advocate
(Expert) 11 August 2014
I am sorry the circumstances visualized by Dr Vashishtha have not been stated by the author
"financial problems especially mentioning that you are unable to look after your mother (if alive) as well other family members emphasing minor brother(s)/ unmarried sister(s) (if any), yourself unemployed and no other source of income to maintain family"
Sudhir Kumar, Advocate
(Expert) 11 August 2014
I would agree with Dr Vashista that the case would lie in CAT and not in AFT (if at all he had any enforceable right.
Given facts do indicate that he has no case.
He has also not stated family details and his present profession.
T. Kalaiselvan, Advocate
(Expert) 15 August 2014
Appointment under compassionate grounds cannot be claimed as a matter of right, there are well settled laws in this regard.
Sudhir Kumar, Advocate
(Expert) 16 August 2014
agreed with Mr Kalaiselvan.
Actually in such cases the problem starts due to misplaced expectation of Govt job of deceased employee being inheritable as the querist also stated
"can i get my father job"
compassionate job is not an inhetitable right and one is never given the job of his father.
he is only given Gp C&D post within 5% of the quota meant for DR in lowest rung of hierarchy, within reasonable time of application to widow or unmarried, unemployed child subject to many conditions, briefly:-
(i) application is made immediately.
(ii) candidate is otherwise legible for the available post [except upper age which can be relaxed].
(iii) In the opinion of the committee no other family is in more dire need for the job out of limited 5% of seats.
(iv) Even the 5% is further divided between Gen/SC/ST/OBC as per the category to which candidate belongs.
(v) no regard is to be paid to higher qualification of the applicant only thing relevant is whether he is matric or not. If matricu can be considered for clerical job , if available within 5%.
(vI)job once offered has not been refused by the family.
Further competition for such post is much higher in lower formation in Armed Forces. Reason that although soldier/sailor/airman do not form part of the civilian work force but still whicle death in service their dependents are considered for the aforesaid 5% of the civilian posts. This increases the competition.
So in such cases the ineligible employee is nowhere to be in the consideration list.
That is the reason for my first reaction.
The issue is not even wroth the cost of stationary and postage.
Advocate. Arunagiri
(Expert) 16 August 2014
Mr.Sudhir Kumar,
Married daughter is not entitled for the compassionate appointment.
But, a married son is entitled for that.
I got a order for my client, who got married and having college going daughters.
Advocate. Arunagiri
(Expert) 16 August 2014
Mr.Vashista,
Thank for pointing it out.
I stand rectified.
As this author is the civilian, he can approach CAT.
In Fact CAT is the better solution than the AFT. Because the orders of the AFT is final and not appeal-able, whereas the orders of the CAT is appeal-able to High Court.
Sudhir Kumar, Advocate
(Expert) 17 August 2014
But unfortunately the matter does not fall within jurisdiction of AFT. His father was a civilian and he is seeking civilian post.
Even if his father was a soldier the compassionate appointment is sought on civilian post and not in jurisdiction of AFT
