Service matters pending in high court

Kiran (Querist) 16 March 2023 This query is : Resolved
Greetings to the all
sir//Madam my name is kiran , i''m from andhra pradesh , i'm married, Age 34 , at present i'm unemployee

My father was a govt employee , he was deceased in 2021 while in service, now my family consists for 5
members
1-Mother (House wife),
2-my self(married) , not working , but upto few months before of my dad demise , i and my wife were worked in same company, i asked my manager for work from home, due to my fathers health issue, my company not accepted for it, so i resigned.
3-my wife (pvt employee with 40k per month salary ),
4-my younger brother(unmarried, unemployed) and
5-younger sister(unmarried, unemployed) ),
After demise of my father the department officials offered us a compassionate appointment, on mutual understanding i applied for that within a month after my father demise, but
unexpectedly a unknown family to us also applied for the same, a woman gave a representation letter to authorities for seeking compassionate appointment for her younger son ( not married , age 25) , her elder son is also a govt employee ( gazetted officer ) and married . after her 1st child she went to Dubai for work and stayed there upto 15 years.

what she mentioned in her representation letter is " i'm second wife of Mr.xx , we blessed with 2 male kids ( Age's 32 and 25 ), after his 1st marriage he married me as a second wife ( she agreed that she is a second one in her statement ).
but she didn't submit any marriage document.
but she had my father's name in her passport , aadhar as husband , as a father in all her children's academic documents ,in id proofs. they are well settled financially , lands, houses , crores of valuable properties.

but in official records like Service Register , aarogya bhadratha , in some govt insurances ,and in all other govt related documents, my mother name and our names was mentioned as nominees , and all out educational documents , id proofs etc.... financially we are not wealthy, we dont have any properties , only one house on my mothers name, that too b-form patta (govt given that land to stay , no right to sold or mortgage) ,my mother pension also pending, my father colleagues suggested me to do not work in any company now, because govt need no earning member certificate from revenue department , if you work, you cant get no earning member certificate
, if you cant get no earning member certificate you wont get compassionate appointment. so i don't have any option to do, we are struggling financially ..... bank and 2 private financial institutions are harassing my family, bank approached district court to hold my father financial benefits.

i completed my graduation with 70% of marks , and the other person who i applied for the same is post graduated with 71% of marks

we belongs to Hindu religion, my parents are not divorced , and my mom is still alive.

because of her representation , the official's gave a memo to both families to proceed through court . so i approached honorable high court ,in 2022 Feb and filed a write petition.

so what are the chances , that i have, to get compassionate appointment. and approx how many month's it take ? how to move it faster ?

can any one please help.

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Quick Summary

This discussion revolves around a complex case where two families are vying for compassionate government appointments following the death of a state employee. The original claimant, Kiran, is facing challenges due to his marital status and the competing claim from another woman who alleges she was the deceased's second wife, despite lacking official documentation. The matter has escalated to the High Court, with Kiran seeking clarity on his eligibility and the timeline for a resolution.

Sudhir Kumar, Advocate (Expert) 17 March 2023
In this case the chances of compassionate employment are bleak. you are also not unemployed throughout and married as well.

further the matter is now disputed as well.

There is no justification for you to keep trying for any govt/private job based on your own qualification. There is no justification to maintain a self inflicted pauper status.

Compassionate job offered (seems far fetched) may not even be commensurate to your qualification.

P. Venu

(Expert) 21 March 2023
What do you mean by "After demise of my father the department officials offered us a compassionate appointment, on mutual understanding i applied for that within a month after my father demise ......"

It appears that you have just applied; offer for appointment is yet to be issued.

Again what do you mean by "the official's gave a memo to both families to proceed through court"? What exactly is the content of the Memo? What, exactly, is the relief that you have sought from the High Court?

How is that you have rushed to the High Court, without, first, approaching the Administrative Tribunal?

Kiran (Querist) 23 March 2023
Hi Venu sir .... good afternoon. Thanks for your reply

My father worked as a Andhra pradesh state govt employee , he was died in 2021 , he had still 6 years of service , so my mom claimed for death benefits like Gratuity, PF , leave enchantments and compassionate appointment (for me) , widow fund was given to my mother. my mother name was mentioned in service record as wife and nominee. my mother name, my name, my brother name and my sister name was mentioned as nominees in all other official records(like Arogya bhadratha , APGLI , Lic, Gratuity ) etc.

so we applied for the death benefits

2 days later another woman also claimed for cash benefits and for compassionate appointment for her younger son
in her affidavit she mentioned that "' Mr.xx married me as a second wife , we blessed with 2 male kids"
she dont have any marriage certificate, her and her sons names were not mentioned in my father''s any govt official records ... except in their aadhar , passport , and educational documents .
they are well settled , they had crores of valued properties on their name, her elder son is a govt employee ( gazetted officer ) and married ,
concubine applied for compassionate appointment for her son and pension for her

my family
we dont have any properties , in fact we have financial burdens ( loans , barrows etc ) , we have only one house on my mother name, that too a b-form ( which means no right to sell or mortgage )

here 2 candidates are applied for one compassionate appointment job

Me:
i'm a married person , Age : 34 ,Qualification : Degree with 71 %, my name was mentioned in my father official record as nominee , there is no earning member in my family except my wife . we belongs to Hindu religion
My wife is a private employee.. earns 40k per month

Another person :
he is not married , Age : 26 , Qualification : MBA with 72%, his name was not mentioned in official records except in his aadhar , passport , and in his educational documents, his elder brother is married and he is a state govt employee ( gazetted officer rank ) , they also belongs to Hindu religion

Superintendent given a memo to both of us, stating that " there are 2 candidates are applied for compassionate appointment , we can not proceed any one's application "

So i filed a writ petition in Honorable high court " direction petition for my compassionate appointment"
So what are the chances i have for compassionate appointment in favor of me ?

can you please help me on this issue

Kiran (Querist) 23 March 2023
Sir Sudhir kumar sir , good evening

A married son is eligible for compassionate appointment , not only son , a married woman also eligible for compassionate appointment. there are few judgements regarding this type of case . at the same time when elder son younger son both are applied for same post , as per the recent judgement of a high court, seniority comes first , as per that i'm senior and i'm eligible in that aspect
here my question is , at present i'm unemployed my wife is a private employee , she earns upto 40k per month, will it helps to the other respondents to get the judgement in favor of him ? and respondent own brother is also a govt employee and he is marrieid

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