Can a married daughter is eligible for her father's job if h

@ Author,

A unfortunate query before us from kith and kin of person who died in harness. My heart goes to bereaved family.


On side note, your post reminds me of my latest brush with ld. brother Sh. Dhingra in Expert forum thread section post https://www.lawyersclubindia.com/experts/Can-second-wife-s-son-entitle-to-claim-pension-if-1st-wife-has-no-objection--301931.asp  whose discussion did not go further after my last reply therein!

However for the moment I suggest you to read just 2 days old pronouncement from our Apex Court on question of facts and now refine your query as special facts (total income of bereaved family is what I hint here) are within your knowledge and ask again to us what you want to know, probably we may suggest some remedies worth trying for.

Job on compassionate grounds not a right: SC

Satya Prakash, Hindustan Times

New Delhi, June 17, 2012

As thousands of dependents of government employees seek jobs after the deaths of their breadwinners, the Supreme Court has clarified the legal position, saying that appointments in government offices on compassionate grounds cannot be claimed as a right. A bench of Justices BS Chauhan and Dipak Misra said such appointments were permissible only in genuine cases as per rules, else it would violate the Constitution.

“Appointment on compassionate grounds cannot be claimed as a matter of right. As a rule, public service appointments should be made strictly on the basis of open invitation of applications and merit.

“The appointment on compassionate grounds is not another source of recruitment but merely an exception to the aforesaid requirement taking into consideration the fact of the death of the employee while in service, leaving his family without any means of livelihood,” the bench said.

The ruling came on the Centre’s appeal against an Allahabad High Court order

giving a job on compassionate grounds to Shashank Goswami, whose father Anand Kishore Gautam, a senior accountant in the office of the accountant-general, Allahabad,  died on March 19, 2001. His two sons were aged about 20 and 19 years and his daughter around 17 years.

Shashank, one of the sons, applied for a job on compassionate grounds, but his plea was rejected, as he did not fulfil the requirements of the rules framed by the government. The Central Administrative Tribunal, however, reversed the order and asked the government to give him a job on compassionate grounds and the order was upheld by the high court in Allahabad.

However, the top court allowed the Centre’s appeal, saying the claim for appointment on compassionate grounds was based on the premises that the applicant is dependent on the deceased employee.  

“Strictly, such a claim cannot be upheld on the touchstone of Article 14 (right to equality) or Article 16 (right to equality of opportunity in public employment) of the Constitution of India.   

“However, such claim is considered as reasonable and permissible on the basis of sudden crisis occurring in the family of such employee who has served the State and dies while in service.    

“In such cases the object is to enable the family to get over sudden financial crisis and not to confer a status on the family,” the apex court said.

The court said the rules stipulated that to get the job on compassionate grounds, the total income of the family from all sources including terminal benefits after death, excluding GPF, should not exceed Rs. 3 lakh.  

In this case, the total income of the family stood at Rs. 4.40 lakh, besides an additional family pension of Rs. 3,100 every month, received by deceased’s widow Rashmi Gautam for a period of seven years and another Rs. 1,860 a month as admissible relief on pension.

“In view of the fact that, in the instant case the terminal benefits have been received by the family exceeding Rs. 3 lakhs, respondent Shashank is not eligible to be considered for the Group ‘C’ post,” the court said.

News source credits:

https://www.hindustantimes.com/India-news/NewDelhi/Job-on-compassionate-grounds-not-a-right-SC/Article1-873961.aspx

but the querist nowhere mentioned the wife is second one...

Hi,

thanks for the reply. here the family doesn't have any source of income expect that the monther will get pension of her husband that too within the above said limit. there are no other sources from which the family is getting any income. so is is possible to get job to the daughter who is married. as the son is ok if his sister gets the job and the daughter is ready to take resposibility of the mother, is there any rule / chance that the daughter even if she got married is eligible for the job.     please provide your valuable inputs for this.

thanks in advance.

@ Author

Ok have noted emerging facts.

Like to know if your married sister has already applied or thinking to apply or if already applied then is she put on waiting list? What is the total income of your married sister’s husband and that of your married sister (if any she is making) and does it still covers the 3L ceiling as hinted in SC Judgment as combined family income?

Once we have our above 2-in-1 questions clarity we may give opinion.

Hi, thanks again for your valuable reply.

she did not apply for the job yet, and we all are in this confusion whether she can apply or not.

her husband is earning around 10k per month and she is earning 4k per month.

please provide your inputs for this.

thanks in advance.

@ Author,


Sorry to say in this query mentioned married daughter who is currently employed and as has not applied earlier is not eligible for job on compassionate grounds. [last years Mumbai HC Judgment is not much of help here]
Reason being she should have applied earlier and two at the time of her application either she should have been un-married and or un-employed, now that her status is that of married daughter to deceased govt. employee died in harness and without earlier applying and is herself currently in employment then she is not eligible is my view.


If the son mentioned in the query is minor then he should apply and the job will be held available till he attains majority age is one way to get help on compassionate grounds provided he fulfils other eligibility criteria of the concerned Department and second being widow mother mentioned in the query she should apply in case the son is minor for immediate help provided she fulfils other eligibility criteria of the concerned Department.


BTW out of curiosity you may if you like tell us which Govt. Department we are talking here?

Hi, Thanks for the reply

the job which she is doing is a cashier at a small store and it doesn't have any pf or payslips and she has joined just 5 months back there.

her husband's income and behaviour aree not  consistent  that's whyy we want to give job to her.

please provide any  suggestion / way for this.

i have also sent you a PM please have a looo at it sir.

Thanks in advance

Hi, Thanks for the reply

the job which she is doing is a cashier at a small store and it doesn't have any pf or payslips and she has joined just 5 months back there.

her husband's income and behaviour aree not  consistent  that's whyy we want to give job to her.

please provide any  suggestion / way for this.

i have also sent you a PM please have a looo at it sir.

Thanks in advance

Hi, Thanks for the reply

the job which she is doing is a cashier at a small store and it doesn't have any pf or payslips and she has joined just 5 months back there.

her husband's income and behaviour aree not  consistent  that's whyy we want to give job to her.

please provide any  suggestion / way for this.

i have also sent you a PM please have a looo at it sir.

Thanks in advance

Hi, Thanks for the reply

the job which she is doing is a cashier at a small store and it doesn't have any pf or payslips and she has joined just 5 months back there.

her husband's income and behaviour aree not  consistent  that's whyy we want to give job to her.

please provide any  suggestion / way for this.

i have also sent you a PM please have a looo at it sir.

Thanks in advance

@ Author,

Thanks. Already replied and now it is time to act either way if any instead of procrastinating on the matter in high vacuum.



Also here is the last year's Mumbai HC judgment (in PDF file format) on married daughter is eligible for compassionate grounds job of father who died in harness HOWEVER note the fine observation on cause of action pointed by Lordship i.e. at the time of application for the said job she was un-married. I am putting this judgment here for generic help as trilogy on asked subject of Law of the land as of date needs to be showcased to other families is my view.

Hi, thanks for the reply

i met with a small accident that's why i coudnot reply to  your response.

i tried downloading the attachments but i am getting the response either as file doesnot exist or i am forbidden as i donot have previlages.

thanks in advance

Oh. reattached try now

All the best to your family.

Admin.,

Sincere apologies to use more bandwiddth than what I am allowed to chew in your forum.  

Cloud computing does bring its own array of bugs, have raised ticket with Apple Inc to resolve their front end glitches.


Hoping that this time I managed to annex right file OR else author of this query may send his email ID via PM to send directly to him a copy of the asked Judgment which he is trying so hard to read through after his last reply above!