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sumalatha   10 April 2015

Is a police job can be transferable to son

Good evening ,

A person is serving as a Armed Reserve police in Sub-inspector rank , he is of age 55 and he got paralysed

His paralysis was not curable, he is having two children a daughter ( age 30 and got married) and a son (age 33 qualification M.Sc and  working in a private company .

Is ther e any chance that the job of the paralysed father be transferred to son ?

If the son is accused in criminal case like 498 ( a ) , does he eligible for getting government job?

 

Please give your valuble suggestions 



Learning

 14 Replies

Sudhir Kumar, Advocate (Advocate)     11 April 2015

No Govt job is transferable as inheritance.

 

However, in case of death/invalidment of employee the dependent can be considered for compassionate appointment and there is no guarantee of his appointment because such appointments are :-

  1. for Gp-C&D posts only.
  2. out of 5% of the Direct recruitment quota in Gp-C&D posts.
  3. this 5% is further divided amongst SC/ST/OBC/Gen.
  4. the candidates are placed in order of merit as per indignance or the family without any regard to date of death.
  5. job so offered is without any reference to the qualification of the candidate. at times job offered is too menial and the candidate at times due to higher qualification or sometimes due to being of higher cast status (or due to some other relevant/irralevent factor) do no join. In such case the offer is closed and no other alternative job is offered.

 

Now coming to second question. candidate accused of criminal case will not be entitled to join any post. Further in 498a generally whole family is accsued, whether pralysed employee is also accused?

Sudhir Kumar, Advocate (Advocate)     11 April 2015

repeated https://www.lawyersclubindia.com/forum/details.asp?mod_id=119239&offset=0#.VSh-f_CIzww

Sudhir Kumar, Advocate (Advocate)     11 April 2015

further as the son is already employed there is absolutely no scope of his being considered for compassionate job.
1 Like

sumalatha   11 April 2015

thank you sir , for your response

yes the entire family is involved in the case.

son is working in a private company as marketing manager 

Sudhir Kumar, Advocate (Advocate)     11 April 2015

so ion that case th father if retired on medical ground si not getting leave encahsment/ gratuity.  even the pension will be interim,

sumalatha   11 April 2015

@ sudhir kumar sir,

the criminal case is a false one and trails began in court.

the boy's family is innocent and just for money all the family were framed in to the 498 case by the girl .

the girl and her family are greedy for money and their demand for settlement is a huge amount .

 

in that case if the boy's family get released from case, will the son have chances of getting his father's job?

 " so in that case the father if retired on medical ground si not getting leave encahsment/ gratuity.  even the pension will be interim "

 

if they are released from the case , will the SI get all the benefits like pension and P.F amount ?

 

 

 

Sudhir Kumar, Advocate (Advocate)     12 April 2015

it is absolutely irralevent whether the accused is innosent or not and why the case is filed.

 

govt servant retiring under criminal trial will not get pension / gratuity.  He will surely get PF and Gp Insurance even if trail is there and even if he is convicted.

 

once discharged honourably (before/after retirement)he will get all the dues

T. Kalaiselvan, Advocate (Advocate)     15 April 2015

First  of all discuss about the eligibility and then go for the further requisites for employment. Please post further queries in the same thread, do not open new thread to repeat your query.

1 Like

sumalatha   15 April 2015

@ Kalaiselvan sir,

The paralysed person is of 57 years of age  serving as Sub Inspectotr in central government ( Armed Reserve ) and his son is of age 30 and his qualification is  M.SC , working is a private organisation .

the son already tried for police job in state government but failed in written test .

the entire family were accused ib 498 case last year and the court proceedings started.

they are likely to get acquitted from the case as all the allegations against them were base less

Sudhir Kumar, Advocate (Advocate)     15 April 2015

you have to realise the fact that son just cannot be considered:- (i) he is already employed. (ii) he is accused in criminal case. even if acquitted he is not eligible

T. Kalaiselvan, Advocate (Advocate)     15 April 2015

Only person who can approach is the father with an application attracting sympathy of the authorities based on  his ill health grounds.  It is again the discretion of the authorities.  The pending 498a case if viewed as matrimonial dispute, cannot hinder the progress of an employment that may be considered especially if he is acquitted. Try your luck, because try costs nothing, but do not lose an opportunity, if at all one is available.

Sudhir Kumar, Advocate (Advocate)     16 April 2015

Good morning at 5.00 am. I am sorry to disagree. A serving employee (even if severely sick enough to be unfit) no right to request authroities to appoint his son (who is already employed and alread overage) in his place. Govt jobs are not inheritable. It is only if the employee is invalidated he could make such request propvided his son was eligible. Son is not eligible as he is already employed. Pending 498a case cannot be considered a mere matrimonial dispute. It is not a civil suit. the candidate is accused in FIR No _____ in Thana ____. This certainly is a hurdle in getting any Govt job. No authority has powers to condone this and allow his appointment even if found eligible by compassionate appointment committee. So the son is neiother eligible nor entitled. A pathetic case. More worrying situation is regarding terminal benefit of father if retired on medical ground. He himself is accused in criminal case of 498a. Even if acquitted on technical grounds the deptt can still initiate disciplinary action as dowry demand is a professional misconduct for Govt servants besides being a criminal matter.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 April 2015

In the case of death or permanent disability of a Government servant, if the family is in dire circumstances there is provision to give employment to one of the family members on compassionate grounds. But no one can claim the same post or equivalent as was held by the Government Servant. Things like whether the family member is already employed etc will be considered on merits. If a criminal case is pending against the person seeking employment he may have to wait until the outcome of the case is known. There is no hard and fast rule in these matters. Things will be considered on the basis of circumstances, merit and competing claims. As this is almost like charity there is no room for high expectations

Sudhir Kumar, Advocate (Advocate)     30 April 2015

The son who  intends to claim job is already employed and not eligible.


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