Seeking for my fathers job
rahul
(Querist) 04 July 2014
This query is : Resolved
IAM RAHUL,
My father had worked as a forest guard in T.N government and he was died by an elephant accident on duty at November 2002. At the time I was minor(12)years. So we applied for my mother but we didn't get any response. So after completion of my HSC exam we applied for me, then also we didn't get any response. Now, I had completed my B.com. But on 2013 November my mother had got the job on Electrical Inspectors office. But my mother pleased to give the job to me But from office they inform to us I was minor on that time and we dint applied for me first. So my mother only eligible for the job
But now my mother was 53 and she is able to work only for 5 years and she is posted as office assistant in EI office and she joined in that job on November 2013 but now She is not able to do such manual works because she undergoes an uterus operation recently. So is there any possibility for me to get the job now and they are also asking for my mothers all original certificate .But already we had submitted in the forest department before 10 years. But now we didn't get any thing and also we had applied for the certificates threw forest office .But it seems to be take time so we are very much disappointed
So is there any possibility for me to get the job
So please suggest the procedures to me regarding this...
M.Sheik Mohammed Ali
(Expert) 04 July 2014
its impossible, the compassionate ground only one time will apply, already your mother get job, so impossible.
Devajyoti Barman
(Expert) 05 July 2014
You can apply for the job on compassionate ground. However that is not a matter of right.
Dr J C Vashista
(Expert) 05 July 2014
i agree with experts, compassaionate appointment for the dependant/ward of deceased employee is a welfare measure of employer, not a matter of right.
ajay sethi
(Expert) 05 July 2014
agree with experts . compassionate appointment is not matter of right
Rajendra K Goyal
(Expert) 05 July 2014
It seems just not possible as your mother has already been appointed on compensate grounds.
P. Venu
(Expert) 05 July 2014
The Department has made a mockery of the scheme. However, you are too late for any remedy.
By the way, was any extraordinary pension sanctioned to your mother as your father had died in course of duty.
Guest
(Expert) 05 July 2014
Application once made for job on compassionate ground cannot be substituted for someone else later.
Sudhir Kumar, Advocate
(Expert) 06 July 2014
compassionate job has been given to a family member. It is not a harvest which will come again and again.
Your claim is not even worth the cost of stationary and postage.
try govt job in open competition.
P. Venu
(Expert) 06 July 2014
The case of the queriest stands on a different footing from the routine request for compassionate appointment. His father had met with death in the course of duty. Hence the family had a claim or right to get the appointment.
Given such facts, it is surprising that it took ten years for the widow to get appointment. And by that time, it is quite useless as she is above fifty, in poor health and on the verge of retirement. The son had become a major by this time and he had already applied for appointment and hence it is rather insensitive on the part of the authorities to render a mockery of the scheme of compassionate appointment.
The matter, at this stage, is beyond judicial review. The only option for the queriest is to bring matters to the notice of the concerned Minister or the Chief Minister herself.
Guest
(Expert) 06 July 2014
Mr. Venu,
Do you believe that the meagre fixed proportion of the vacancies or the rules of compassionate appointment will be changed in favour of the minors by bringing the "matter to the notice of the concerned Minister or the Chief Minister"?
Better come forward with some solid suggestion, if he can be helped, rather than wasting his time and efforts to face with mere frustration in puruing for false hopes by sending complaints to one or the other quearter and also leave other available opportunities of getting job.
Sudhir Kumar, Advocate
(Expert) 06 July 2014
even after reading the view of Mr P Venu I am constrained to repeat:-
compassionate job has been given to a family member. It is not a harvest which will come again and again.
Your claim is not even worth the cost of stationary and postage.
Sudhir Kumar, Advocate
(Expert) 06 July 2014
I further add that if mother could not physically attemt to duties she can be medically out from service and he can seek copmpassionate joob.
But it is never certain that forest deptt can give him a compassionate job befitting B Com qualification or may at all be able to find a job for him in 5% quota of DR posts in lowest abbof recruitment in Gp_c or even Gp-D posts.
Not worth an experiment.
P. Venu
(Expert) 06 July 2014
There cannot be uniformity in opinion among the experts; every one gives opinion in his or her own light.
The opinion is generally addressed to the queriest, but that need not prevent the experts in engaging among themselves in healthy discussions on the facts or principles. However, it will affect the very credibility of this forum if we engage ourselves in casting aspersions, or in attributing motives or in adopting a domineering attitude.
It is my considered opinion that if exchanges are unavoidable, the ideal medium could be personal messages.
Advocate. Arunagiri
(Expert) 06 July 2014
I am of the opinion that you could not get compassionate appointment showing your father’s death.
But, you say that your mother is working and is having physical ailments. So, I suggest your mother can take the voluntary retirement on medical grounds. Based on this retirement on medical grounds you can apply for the compassionate ground appointment.
Lawyer SALEEMA KABEER
(Expert) 06 July 2014
No doubt, the object and purpose of compassionate appointment which is intended to provide immediate relief to the family in distress and the whole concept of providing appointment on compassionate grounds which is evolved by way of an exception to the General Rules of Recruitment.
It is equally well settled proposition of law that compassionate employment can be provided only in a vacancy, but in the absence of any vacancy it is not open to appoint a person on compassionate grounds.
T. Kalaiselvan, Advocate
(Expert) 06 July 2014
As rightly observed by one expert above, the compassionate ground appointment cannot be claimed as a right, there are settled laws by supreme court as well as various high courts is this regard. In the given situation, as expert Mr. Sudhir Kumar observed, the compassionate appointment is not a harvest to come again and again, once the opportunity has been availed of, the privileges attached to it stands extinguished. Therefore as a risky and last resort, the measures suggested by by expert Mr. P. Venu in his first post above and expert Mr. Anirudh above may be adopted but by taking a second opinion from a local consultant explaining him the factual situation.
Sudhir Kumar, Advocate
(Expert) 06 July 2014
I am sorry to further disagree with senior members.
Two compassionate appointments cannot be granted for one death. His father died and his mother got a job. It is plain and simple.
This job is not personal property of Govt servant so his mother cannot transfer the same.
In the instant case grant of compassionate appointment after 11 years is on the face of it is, in itself an irregularity unless some facts are there which may justify its legality.
Sudhir Kumar, Advocate
(Expert) 06 July 2014
I further share that even if a soldier dies in operation and even if he is given gallantry award still his family is not entitled to job for two members.
Guest
(Expert) 06 July 2014
The job on compassionate grounds is like an ex-gratia endowment from the Government as a matter of courtesy towards the family of deceased depending further on fulfillment of certain other conditions, not a rightful obligation.
Sudhir Kumar, Advocate
(Expert) 06 July 2014
I further observe that running into a futile project will depelete his time , energy and money and will reduce his capability to compete for Govt jobs for which he is eligible.
Sudhir Kumar, Advocate
(Expert) 06 July 2014
Agreeing with Saleema Kabir I will add that it is not merely available of vacancy.
The said vacancy should be within 5% of the quota meant for DR (GP-C&D POSTS ONLY)
and
The candidate should be eligible.
and
No other family member should have availed compassionate job.
and
No other poorer family (irrespective of date of death) should be claimant to the said post.
Dr J C Vashista
(Expert) 07 July 2014
Very Well explained by experts, I appreciate and agree
Guest
(Expert) 07 July 2014
A very Precise Reply by Senior Expert Mr.P.S.Dhingra in his very first post itself.
