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Socrates Joseph   18 June 2022

Compassionate appointments

My father passed away in the year 2003, he was working in a PSU, we were informed on the compassionate appointment policy, so i joined the PSU as a trainee for 4years and after completion of my training period, I was not absorbed inside the factory, like me there are 300+ cases waiting for compassionate appointments, how can we legally fight this. 



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 11 Replies

Dr J C Vashista (Advocate)     19 June 2022

Did you write to management for confirmation / absorption ?

Socrates Joseph   20 June 2022

Yes sir, I have written to management and theere was no response. 

Dr J C Vashista (Advocate)     20 June 2022

Issue a legal notice followed by filing of appropriate proceedings through a local prudent lawyer.

Socrates Joseph   20 June 2022

Thank you sir

P. Venu (Advocate)     21 June 2022

You can serve legal notice or even seek relief/appropriate direction from the competent court. But please note that compassionate appointment is not a right.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 June 2022

What were the terms of appontment as a trainee? Did it say that at the end of the training period, the trainees would be appointed to posts?    Are the 299 others also compassionate appointees?  Compassionate appointment in not a right.

Dr J C Vashista (Advocate)     25 June 2022

Dear Dr. Ramani,

Please appreciate the fact that this query is regarding confirmation and absorbtion of already recruited / employed and working employees (stated to have been appointed 4 years before on compenssionate grounds) which is not a fresh appointment.

Thanks and Regards

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 June 2022

The person has to clarify the points raised by me. The appointment as trainee itself may have clauses stating what after training. The 300 others may not be compassionate appointments. It may be like agnipath.

Socrates Joseph   04 July 2022

Good morning sir, 

Terms mentioned in the contract was, after four years of training, as per the vacany we will be absorbed inside the company. 

1. Previous batches have got appointment on compassionate grounds in 2006.

2.Inbthe same year, when we approched employees union requesting us to consider us on compassionate appointment, they said you will be absorbed in next batch. 

3. If I correctly understand the very need for providing training, the deceased employee son/daughter does not have required techincal qualification, then in that case the person is given four years of techinical training and then absorbed inside. 

4. When there are other techinical trainings less than 2years, why is this PSU giving 4 years of training and paid very less (who has finalied on the wages not sure) 

5. Who is the govt body who has approved the four years of training. 

6. Basic essence of providing training to deceased employees son/dauggter is to give appointment, but after training if appointments are not given, then why is employer expoiting us for 4 years. 

7. Yes sir all 300 cases are deceased employees sons, waiting for compassionate appointment s

 

 

Dr J C Vashista (Advocate)     04 July 2022

Once an employee has joined the organisation, whether it is by direct recruitment or compassoinate appointment, it needs no fresh appointment.

Training period of 4 years and less payment to compassionate appointees, as stated by you,  is discreminatory, which is required to be assialed through proper channel and/or Union (within organisation). If the appointees are dissatisfied with the decision they should approach apprpriate Court / Tribunal of jurisdiction.

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 July 2022

after four years of training, "as per the vacany"we will be absorbed inside the company.

"as per vacacy" is the catch.

If it was a scheme specifically for compassionate appointment, your case becomes stronger. Public Sector Undertakings are limited companies independant of the Government. The control of the Government is only as a shareholder and it is limited high financial matters. The decision in these matters would be by the Board of Directors or by a committee constituted for the purpose by the Board. Even the Managing Director can decide small cases. You can find out who is the authority through RTI. Even your Union leaders may know.
 


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