scoop (student) 19 August 2011

Compensatory job in union bank of india

Sir,

i am from kolkata,i have a issue,my father worked in union bank of India for 30+ yrs then died in 2011(8th feb)at the age of 57,3yrs before retirement,in our family he was the only breadwinner,there are four dependant of out family,my grandmother(80),mother(50),brother(24),elder sister(marriageable age25)and me(23),my brother only works in a private company salary.8000/month.so,any one of our family is eligible for a compensatory job in the bank,in 2009 September my father felt some health problem then applied for leave for medical checkup,but due work pressure of year ending he was denied.my father continued with his illness ,and then in feb 2010 sadly diagnosed with stomach cancer and then died in 2011 feb,due high expenditure of treatment we are now in financial crisis,in spite of our situation bank decided not to giving compensatory job to any one of our family members,and they want us to sign in a bond paper giving rs.8,00000(8Lkh)in lieu of compensatory appointment.and all the amount of the education loans of my sister n brother,they want to deduct it from my fathers gratuity,just giving us merely 4-5 lkhs in our hand.I think Bank is ruthlessly behaving with us and trying to avoid their responsibilities.if the bank don't want to give compensatory appointment i don't want it ,the only thing i want that they should take some responsibilities of my family.Plz.. help me what should i do.should we sign the bond paper or will file a legal action. here is my e-mail id - tarun7001@gmail.com

Reply Follow

2 Replies

Sudhir Kumar, Advocate (Advocate) 25 December 2011

The best of sympathy with you family will not compel me to give a wrong advise to lead you to litigation expenses out of badly depleted resources. Prima-facie the compassionate job is not enforceable right. It is a Govt Bank which follows Govt guidelines. In your case the bank does not at all seems to be working ruthlessly. It may appear to you so because of untimely trauma and shattering of dreams. One son of the deceased is earning (howsoever small) and other son is of earning age. The family is not on the road. Such jobs are given only out of 5% of Class III&IV posts (in direct recruitment quota) and comparative merit of the applicants is assessed. Remember reservation beyond 50% is not allowed as per Supreme Court guidelines. The Govt sector jobs are already reserved to the extent of 50% (15 SC+ 27 OBC + 7 ST). Therefore even that 5% is to be taken from the proportionately by vertical reservation from the respective share of Sc/ST/OBC/gen category posts depending upon the category of the applicant. That being the case the share if gen candidate is 5% of 50% = 2.5% out of total Class III&IV posts (in direct recruitment quota) , and OBC it is 5% of 27% = 1.25% out of total Class III&IV posts (in direct recruitment quota) , for SC 5% of 15% = .75% out of total Class III&IV posts (in direct recruitment quota) , and for ST it will be 5% of 7.5% = 38% out of total Class III&IV posts. No job can be offered beyond that limit even if the applicants are large number. The sots reserved for Handicapped, ex-servicemen and sports persons are also allocated in the same manner to ensure that horizontal reservation does not exceed 50%. So comparative merit is drawn based on the indignant condition of each family. You have not indicated if a family richer than you have been given the compassionate job which refusing the same to you. As per Govt guidelines once the compassionate job is refused it is refused. It appears that the Bank is benevolently going ahead of govt guidelines and still offering a sum of 8 lakhs out of ex-gratia. (though a Govt bank they can take such welfare step). Your query indicates that perhaps this is over and above retirement dues. I do not know whether this claim can be legally enforced upon the Bank if they refuse to give this amount. Recovery of loans from gratuity is nothing new. Even in case of retirement this would have been done. You just cannot have any remedy against it. For deviation from this the Bank may have to pass a Board resolution as a special case as it amounts to deviation from guidelines. Since such deviation may become enforceable precedent so they are likely to avoid such decision. I may appear to be harsher than the Bank against whom you are aggrieved but unfortunately this is what I know of the rule position. I wish someone could kinldy give better advise.

Kumar Doab (FIN) 25 December 2011

Learned Mr. Sudhir Kumar has given balanced and wise advice. Kindly follow it.

Even if you are perturbed you must not subject the bank to emotional outburst and remain amiable.

Your rapport with the superiors of your father can help you to get favorable recommendations to the Chairman/Board of the bank.

They can help you in many ways e.g. prepare for Bank PO exam, absorb you in many of the ventures of the bank e.g. for the position of executive in Life Insurance venture of the bank, trainee for other schemes in the bank and this experience+ remuneration can help you/family to settle future ventures. In many of the schemes of the bank RM/ZM/DGM etc of the bank may be the appointing authority, and thus can be a helping hand.

It appears that this thread was posted earlier also and it was mentioned that there is no record of rejection of medical leave of your father by the bank.