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Anuroop Khare (student)     30 January 2013

Compassionate appointment in central government

Hey there all Experts, My self Anuroop Khare S/O Late Shri. V.K.Khare, My father Expires on 02/01/2013 he was in service as AD(OL) CPWD Under Home ministry. I saw Rule Under Compassionate Rule of Central Government that Compassionate appointment can be made under technical posts Under Group C, My qualification is Diploma In Electronics Enineering, and then B.E in same branch. and Also there are lots of technical posts under group C all over India, My question is what are the possibilities they can provide me a Group C technical post under same or different Department?

Any relevant  thoughts  are very much helpful.  



Learning

 36 Replies


(Guest)

You can apply for compassionate appointment and thereafter pursue your case in accordance with the rules aplicable to your case. Compassionate appointment is a benefit extended to the family of a deceased employee so that it does not have to suffer from immediate financial crisis due to the untimely death of the earning employee. Granting or refusing an appointment on compassionate grounds is entirely up to the appointing authority, albeit an application for compassionate appointment cannot be arbitrarily rejected if the applicant fulfills the required criteria. You may approach the High Court in its writ jurisdiction for consideration of your case if an appointment on compassionate grounds is refused.

 

 

Ashish Davessar

Advocate

Supreme Court of India

Punjab & Haryana High Court

3 Like

Advocate M.Bhadra   30 January 2013

If the said CPWD would not appoint within sufficient time then you can file a Writ Petition in High Court under article 226 of the Indian Constitution against the apponinting authority.

kavksatyanarayana (subregistrar/supdt.(retired))     30 January 2013

i certainly agree iwth the opinion of  Sri ashish davessar.  sir well explained

Sudhir Kumar, Advocate (Advocate)     30 January 2013

I am sory I may disagree.

 

First of all compassionate job (i) is a concession nto a right (ii) it is rescrted to 5% of Gpc&D posts falling in DR quota (iii) there is no inherent right that due qualification of the applicant must be considered (iv) representation of SC/ST/OBC has also be be givne due care within such quota (v) any available post can be offered our of list of GpC&D posts which includes those posts where one on working hard can be promoted as peon after sopme years.

 

you may be lucky if you could get post commensurate to your qualifification (nothing illegal per-se0 but please do apply imemdiately.  Delay extinguishes the claim.

 

ZFrom you query it appears that your wated was AD(OL) under MHA depoyed to CPWD. MHA posts such qualified officers to vaiour department or group of deptts located in one locality to teach Hindi.  They ar eemployees of MHA and not of CPWD.  So it is MHA only which will considered you case.

1 Like

Isaac Gabriel (Advocate)     30 January 2013

If you fulfil the criterion for compassioante appointment,apply to the authority where your father was working at the time of death stating yopur qualifications.Seeking appointment commensurte your qualification ie. technical posts is your look out.The department may absorb you as per the procedure adopted for compassionate appointment.


(Guest)

@ Sudir

 

What do you disagree with me on, Sudhir? Does it appear anywhere from my answer that compassionate appointment is a right and not a concession? His father expired on 2-1-2013. Thus, there is no question of any delay. Kindly read the relevant part of my answer again which is reproduced below for your ready reference.

                "Compassionate appointment is a benefit extended to the family of a deceased employee so that it does not have to suffer from immediate financial crisis due to the untimely death of the earning employee. Granting or refusing an appointment on compassionate grounds is entirely up to the appointing authority, albeit an application for compassionate appointment cannot be arbitrarily rejected if the applicant fulfills the required criteria."

2 Like

Anuroop Khare (student)     31 January 2013

Mr. Sudhir Kumar sir thanx for replying and helping me  can i apply to MHA Directly or through the CPWD office, because here at CPWD where my father is AD(OL) they are saying that I can only get job Here at CPWD and not any other place, it is so confusing for me that should  i have to inform MHA personally about this or should i submit my application to CPWD and they will take care of that (which I doubt they will) ? 

Sudhir Kumar, Advocate (Advocate)     31 January 2013

Please state facts correclty

 

Whether he was appinted as AD(OL) by CPWD orwas deputed by MHA to CPWD.

Who was giving his salary? (see pay slip)

Who was appointing and trasferring him?

 

If you are not sure about his empoyer from whom pensionetc will be claimed?

 

All this information will be there inhis service book.

For applyin for compasssionate job there is a proform which will be available from office or can be had from net.

Daksh (Student)     02 February 2013

Dear All,

I would like to draw your attention to the Writ Petition (C) 1278/2004 Vishal Redhu Vs UOI and MCD Vs Shri Vir Mohd, 94 (2001) DLT 746.

These citations contains the guidelines enumerated by Apex Court in the compassionate ground appointments.

Thanks and best regards

 

Daksh

Kumar sanja (employee)     02 February 2013

Dear boy,

 

please follow the guidance rendered by Sudhir kumar, which is appropriate and correct.

also aware that compassionate appointment is a right for Group 'C' post as they are non selection posts.

for group 'C' ,'B' & 'D' , it is just a discretion bestowed on authorities, if they take you say thankful to them.

 

Regards,

Ravi

Kumar sanja (employee)     02 February 2013

amendment to my statement

 

 

Dear boy,

 

please follow the guidance rendered by Mr. Sudhir kumar, which is appropriate and correct.


compassionate appointment is a right for Group 'D' post/services only  as they are non selection posts.

Group posts/services 'A' ,'B' & 'C'  are selection posts are within the purview of SSC/UPSC as such it puts  just a discretion bestowed on authorities, if they take you say thankful to them.

 

Regards,

Ravi


Sudhir Kumar, Advocate (Advocate)     02 February 2013

Gp B Posts are not open for compassionat eappointment

Daksh (Student)     04 February 2013

Dear All,

I would like to emphasize two things one is "The Policy" which is paramount for the purposes of compassionate appointment and whether any case comes within the perview of the same.

Secondly the other moot point is eligibility/status  of the person who is seeking employment on the compassionate ground post reciept of benefits after the passing away of the breadwinner of the family.

P.S. Mr.Ravi to you I can only say "Get well soon"

Daksh

Sudhir Kumar, Advocate (Advocate)     05 February 2013

Sorry. It is opnly the eligiboility and not the status of trhe person which is relevant.  If one candidate qualifies for compassionate in comparitive merti in givne quota he can be offered any available Gp-C&D post.  Once such post is refused the claim is extinguished.

 

The aim of the policy is to provide immediate bread to the family and it is not aimed at to provide job suitable to qualification of child of decased employee.

 

There are cases where candidate may be B tech or Mtech and the post for which he is qualified may not be GP-C&D.


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