Service matter -- reg. compassionate grounds of appointment
Muralikrishna
(Querist) 25 January 2018
This query is : Open
Regarding Compassionate grounds of appointment a petitioner filed her WP in HC, and prayed ...
“to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.1 and 2 in trying to appoint the 3rd respondent (Concubine’s son) for the post as a xxxxxx in the place of petitioner’s father without considering her (the petitioner) for compassionate appointment as illegal, arbitrary, unconstitutional and being violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents 1 and 2 not to issue any proceedings by appointing the respondent No.3 under compassionate grounds in the place of petitioners father and pass .... ”.
But still it is pending in the Hon’ble court since a decade. Recently the 3rd respondent expired.
For appropriate immediate relief what sort of procedure the petitioner (she) should follow... pls. guide in this issue.
kavksatyanarayana
(Expert) 25 January 2018
If the deceased employee declared and got it attested by the employer in respect of his family members (wife and children) in his service record, then the family will get all benefits of the deceased employee. However now it is in High Court it shall be decided by the court only.
R.Ramachandran
(Expert) 26 January 2018
1. It appears that Respondent No.3 was never appointed.
2. It is more than 10 year old case. Compassionate appointment is for immediate relief to the family. Now after 10 years, there is no question of any compassionate appointment.
Sudhir Kumar, Advocate 
(Expert) 26 January 2018
The case seems to have become redundant. No job can now be offered to any of the parties.
Sri Vijayan.A
(Expert) 26 January 2018
Illegitimate child is a legal heir. So concubine's son can get job on compassionate ground, provided the other heirs do agree for the same.
However, in the present question, the petitioner stopped the appointment of her brother. The brother also died now.
Now, there is no ground for compassion after ten years.
Kumar Doab
(Expert) 26 January 2018
The concubine’s ( id she was indeed a concubine ) son has died.
The petitioner may approach the establishment/employer with this information and request to choose from eligible legal heirs, per compassionate employment rules of the establishment…and NOC etc signed by family of deceased employee per compassionate employment rules of the establishment….
Kumar Doab
(Expert) 26 January 2018
The petitioner was not sitting idle.
The establishment can reply in writing.
The establishment may…………..may also review the financial condition of the family members, as on date.
If the family wishes IT may approach court with the information of death and court shall decide the matter.
The applicant to court may not exit court without decision.
Sudhir Kumar, Advocate
(Expert) 27 January 2018
whatever may be the reasons for non-appointment. The employee died 10 years back (as appearing). SO there is no immediate starvation of family for which compassionate appointment is there.
By now the applicant may himself not be unemployed.
Dr J C Vashista
(Expert) 27 January 2018
There is remote and limited chance of the petitioner being offered (which is not mandatory) compensate appointment.
Consult your lawyer who is better equipped with relevant information.
However, if you are the counsel for petitioner you must seek guidance of a local senior lawyer.
Muralikrishna
(Querist) 27 January 2018
Service matter -- reg. compassionate grounds of appointment
At first, Thank u one and all, who extended their valuable suggestions in this concern.
The brief facts of the entire issue is clearly discussed here under, and requested the forum experts to guide us with ur valuable suggestions :
After the death of the deceased employee, the daughter of the deceased ie., the petitioner approached the employer for compassionate appointment. Mean the time the illegitimate son entered for the same. And tampered the records and it was proved as tampered, in the court. The Court entitled only the death benefits as partially to the illegitimate son and to his mother, and issued the Succession Certificate only in favour of legally wedded wife and to her daughters.
Family Pension is granted to the favour of the petitioner’s mother (ie., legally wedded wife). All this issues clearly expressed to the employer and the petitioner further approached the employer. Then the employer issued a intimation letter to the Petitioner, and directed the petitioner to submit the Succession Certificate along with her original certificates like Study Certificates, NOCs etc., Petitioner handed over all her originals to the employer. Employer conducted the enquiry process also.
At that instance, the illegitimate son filed a WP in HC, seeking the compassionate appointment, and made the legally wedded wife and her daughters as co-respondents. Hence, the present petitioner also filed a WP in HC as she only the eligible for that appointment, and requested the HC to direct the employer not to appoint the illegitimate son (ie, who was not obtained the Succession). The HC issued an injunction order to stop the appointment, until the matter is proved. Now this issue is pending in HC since a decade.
Now and then the petitioner’s financial condition is in BPL. Years together she is awaiting for the employment. She failed to get any other employment also because she surrendered all her originals to the employer and She crossed about 45 years, still she is bachelor only hoping her employment.
The employer is simply saying ... the petition is in pending in the court, so we can’t do any thing at this instance. (under subjudice HRC also failed to render the justice in this issue).
Recently the illegitimate son, (who intentionally made disturbance in this employment issue) was expired (dead).
For appropriate, immediate relief what sort of procedure the petitioner (she) should follow ??
Hoping once again, experts may extend their valuable guidelines / suggestions in this concern.
Muralikrishna
(Querist) 27 January 2018
In the above notes... by mistake "The HC issued an injunction order.... ... ... " was entered, kindly accept that as "The HC issued an interim order.... ... ...".
Thank u,
with regards...
Murali Krishna
