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Jagdish Narayan Singh   08 April 2018

Service transfer after demise of teacher

My friend's wife was a primary teacher. She has two children .After the demise of madam teacher ,her husband was given job by government .After two months,he married with another woman . Sadly he also suffered from heart attack finally passed away .Now question arise ,after his demise who is entitled to get the job children or last wife.


 5 Replies



Vijay Raj Mahajan (Advocate)     08 April 2018

Age of children not mentioned. If children are minor they can't be offered the job. The widow of the employee will be entitled.

Ms.Usha Kapoor (CEO)     08 April 2018

If children are minors they can't be eligible to taken teacher job as they are minors. Second wife or step mothers are notorious for illtreating children although she may get teacher job on compassionate grounds.

Kumar Doab (FIN)     08 April 2018

1st thing 1st; Download the ‘Compassionate Employment’ rules of establishment.

GO thru the def. of Family and also provision of ‘Compassionate Employment’ to family of person that was appointed on compassionate grounds..

Whatever be the def. and provisions in rules…………Submit intimation of death and application of ‘Compassionate Employment’ under proper acknowledgment without delay and narrate the age/qualification of family members …..i.e. 2 minor children are left by deceased employee.

Also go thru the various affidavits that person seeking such employment has to file/submit and there should be provision for caring and supporting the other family members.

The establishment is likely to do the needful and reply.

Kumar Doab (FIN)     08 April 2018

If 2nd lady (Step mother of minor children) was married as per customs of personal law that applies then she being legitimate wife may be covered in def. of family…of the establishment.

If such marriage was duly intimated to establishment then 2nd wife details might already be on records on establishment.

Step mother if granted compassionate employment has to take care of minor children welfare or establishment can proceed against her..

The well wishers/relatives/guardian of minor children are at liberty and within rights to mind welfare of children of deceased employee.

If you are facing any difficulty APPROACH competent and experienced well wishers, seasoned employees/trade union leaders………….. a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters, having successful track record,…………and worth his/her salt…for help, support and guidance.

Such matters have been decided by authorities and courts so your counsels should be able to help you.

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