Re-compassionate appointment in mes

prakash (Querist) 05 December 2023 This query is : Resolved
Dear Sir /Madam

My father was working in defence expired while in service on 04-july-2011,immediately i have applied for compassionate appointment in MES on 18-july-2011 , till now i did not get the job due to lack of merit it seems , here the cases before 7 cpc and after 7 cpc are being mixed up where the applicant due to less score always lies in bottom of the merit list , after waiting these many years my merit list serial no should go up but remains un changed the same was bought to the notice of cabinet secretary , they issue an OM to dopt , MOD to look into my case ,but till now no use , is it fair to keep an application for compassionate appointment in name of merit pending all these years together.

A large no applications are pending in MOD , MOD was seeking one time relaxation from 5% from dopt which they denied .

Many grieved families are waiting for this , please also suggest me how to proceed in my case .

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Quick Summary

This discussion concerns the prolonged delay in compassionate appointments within the MES, particularly for applicants whose fathers died while in service. The original applicant applied in 2011 and is still awaiting a decision due to merit-based selection processes that seem to disadvantage long-term applicants. Despite interventions from higher authorities, the issue of pending applications and the ministry's handling of these cases remain unresolved, raising questions about fairness and procedural efficacy.

kavksatyanarayana (Expert) 05 December 2023
Have there many applications for compassionate appointments for years? Is it correct? If so the Ministry decide on how to solve this problem. However, all the applicants shall submit a representation to the Ministry of Defense for your appointments.

T. Kalaiselvan, Advocate (Expert) 06 December 2023
Compassionate grounds appointment cannot be claimed as a right.
Why do you solely depend on the decision without a result for years together without making any attempt to get employed elsewhere in the meantime.
You cannot file a writ petition also against this pendency becasue you cannot claim it as a right, hence you have to wait.

prakash (Querist) 06 December 2023
Compassionate grounds appointment cannot be claimed as a right. Why do you solely depend on the decision without a result for years together without making any attempt to get employed elsewhere in the meantime. You cannot file a writ petition also against this pendency becasue you cannot claim it as a right, hence you have to wait.

Read more at: https://www.lawyersclubindia.com/experts/re-compassionate-appointment-in-mes-755671.asp
Sir i am not claiming it as a right , my query is why should ministry should keep these many application pending since years together , machineism adopted here is not correct

Sudhir Kumar, Advocate (Expert) 06 December 2023
2011 to 2023.

application cannot be pending for so long. You have lost the case.

prakash (Querist) 06 December 2023
application cannot be pending for so long. You have lost the case.

Read more at: https://www.lawyersclubindia.com/experts/re-compassionate-appointment-in-mes-755671.asp
Sir i have correspondence /representation all these years from dept ,DOPT,MOD

T. Kalaiselvan, Advocate (Expert) 06 December 2023
Then you follow it up with the concerned ministry or send an application to know the status of the pending case through RTI act and then decide if you can pursue the matter through legal options.

prakash (Querist) 07 December 2023
Then you follow it up with the concerned ministry or send an application to know the status of the pending case through RTI act and then decide if you can pursue the matter through legal options.

Read more at: https://www.lawyersclubindia.com/experts/re-compassionate-appointment-in-mes-755671.asp
Already all these done but no response file is move between MOD and DOPT ,Dopt it self in an OM addressed to MOD mentioned to take appropriate action , if not we should face legal litigation mentioning clearly OM .

Pls suggest further .

P. Venu (Expert) 07 December 2023
As yoi very well understand, such appointments could only be made within the policy norms. You can approach the judicial forum (CAT or AFT), but they can only issue the directions to consider, but not to appoint.

prakash (Querist) 07 December 2023
CAT already directed to consider my case in next board meeting or when the vacancies come ,2 years back itself , but till now they are not responding that is the issue .

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