Compassionate appointment
MADHUSUDHAN DANDU
(Querist) 17 August 2014
This query is : Resolved
Sir,
My elder brother died 14years back while in service in Andhra pradesh govt. My bhabhi filed a case for the appointment in the AP Administrative Tribulanal and succeeded. The judgement is as follows.
“This O.A.is allowed directing the respondents to appoint the applicant to a suitable post on compassionate grounds as per rules without reference to the pendency of WP.No. 13924 of 2009. Appropriate orders in this regard shall be passed within a period of six weeks from the date of the receipt of a copy of this order”.
Now after elapse of 14 years of she became ill and applied the job for her only son. Who have qualified his B.Tech and major now.
The dept people are refusing to appoint the son and stating that, “ the judgement refers to the applicant (mother) so we will provide the job to the mother only not the son. Moreover the son was MINOR at the time of the death of his father”.
My query is that, is it is not possible to provide the job to the dependant son in this present prevailed scenario on compassionate grounds. Kindly resolve the same at the earliest.
Thank you sir,
yours faithfully,
D.RAGHU
Sudhir Kumar, Advocate
(Expert) 17 August 2014
you quoted judgement
“This O.A.is allowed directing the respondents to appoint the applicant to a suitable post on compassionate grounds as per rules without reference to the pendency of WP.No. 13924 of 2009. Appropriate orders in this regard shall be passed within a period of six weeks from the date of the receipt of a copy of this order”.
yOU NEVER SAID :-
(I) when was this case filed
(II) when was this case decided
(III)What is the WP 139/2009 about.
Sudhir Kumar, Advocate
(Expert) 17 August 2014
based on the given facts the stand of deptt is correct.
The judgement of the court is satisfied when post is offered to her. The case is closed when she declines the post (even before offer). At this stage asking appointment of her son amounts to refusal to accept job.
Sudhir Kumar, Advocate
(Expert) 17 August 2014
Further.
Notwithstanding the legality.
The boy who is now B Tech whether he acquired this qualification only to serve on Gp-C or Gp-D post (maximum LDC or equivalent). It could be PEON, MALI, WATERMAN, LASCAR, FATIGUE MAN, MAZDOOR, COOK, CANTEEN WATER, SWEEPER, BINDER, and so on....
In compassionate appointment he cannot be considered for a post befitting B Tech qualification.
ajay sethi
(Expert) 17 August 2014
the department is justified in its contention that only your bhabhi would be offered compassionate appointment as per HC order
Devajyoti Barman
(Expert) 17 August 2014
Yes, it seems justified. However perusal of all case papers would have helped to advise more.
Advocate. Arunagiri
(Expert) 17 August 2014
The High court order is very clear, directing the dept to consider the application of the Wife of the diseased.
It seems that the wife is not granted the post.
However the Wife can renounce her claim and can give way to her son. If the son had applied for the compassionate post within three years after attaining 18 years.
Isaac Gabriel
(Expert) 17 August 2014
Courts look beyond rules in granting compassionate appointments Even grand son had been considered if circumstances justified. You can plead before the Tribunal with the change of circumstances to appoint the son.
Sudhir Kumar, Advocate
(Expert) 18 August 2014
I believe Mr Gabriel may be having some example of grandson being given compassionate job.
But whether the matter will be sufficient for spending money and time to move to High Court again.
I repeat my observations :-
The boy who is now B Tech whether he acquired this qualification only to serve on Gp-C or Gp-D post (maximum LDC or equivalent). It could be PEON, MALI, WATERMAN, LASCAR, FATIGUE MAN, MAZDOOR, KHALASI, GREASER (if there is transport workshop), COOK, CANTEEN WAITER, SWEEPER, BINDER, and so on....
Advocate. Arunagiri
(Expert) 18 August 2014
While considering the qualification for the appointment, the Govt look for only the minimum qualification required for the Group C (group D is abolished).
Even BE and PG holders are opting for a Group C Govt job.
Sudhir Kumar, Advocate
(Expert) 18 August 2014
In compassionate job all that is relevant is whether the person is 10(+) of not.
It is not necessary that Gp-C post may be available in 5% quota. In such case any available post will be offered and his refusal will close the case.
Anyway having suffered a court case the deptt may now not ope magnanimity to consider the son.
malipeddi jaggarao
(Expert) 18 August 2014
I fully agree with the sharp advice of Mr.Sudhir Kumar. Better end the legal battle waged for 14 years. Anyway the son is B.Tech., and he should get a suitable post instead of the lower post. Let mother join duty. It is in her interest. The son can find out suitable job. Nowadays nobody knows how the children behave once they got married. She will have better social security. Follow the advice of Mr.Sudhir Kumar.
V R SHROFF
(Expert) 18 August 2014
I too advise; mother should go for this job. Son can get plenty of job; earning in family gets double + pension, so three times.
A risk of son separation after marriage is very serious blow: can result into starvation of mother, so avoid that risk.
Sudhir Kumar, Advocate
(Expert) 18 August 2014
Mr Jaggarao and Mr Shroff have added practicality to the legality.
Dr J C Vashista
(Expert) 18 August 2014
I fully agree with the expert advice of Mr.Sudhir Kumar and nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 23 August 2014
After valuable discussions by experts, there seems nothing more to add.
H.M.Patnaik
(Expert) 03 September 2014
During the long discussion by respected fellow members analysing the isue on hand from different angle, certain doubts remained unanswered as the querist did not feel it proper to throw more light on the same in his own interest.
I donot think it proper that the querry merits such generous & valuable advice on the face of indifference of the querist.
T. Kalaiselvan, Advocate
(Expert) 06 September 2014
Expert Mr. Patnaik's observation is considered to be very right, a serious thought may be given to such queries in future.
malipeddi jaggarao
(Expert) 07 September 2014
@Expert Shri HM Patnaik - Sir, some threads enriches our own knowledge as they provide good opportunity to share our knowledge though the author is indifferent!
H.M.Patnaik
(Expert) 07 September 2014
Mr. Jaggarao & other friends,
Sorry! Iwas just sharing my personal feelings.
Thanx & rgds
P. Haramohan
Sudhir Kumar, Advocate
(Expert) 16 October 2014
I have hardly seen any querist seeking compassionate job coming to this form without a dead end.
