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Denied job on compassionate grounds


01-Sep-2023 (In Labour & Service Law)
respected sir, i am from itanagar, around 20 days ago my uncle died on an accident by landslide who is on duty at that time. then we approched to the respective department of my uncle demanding job for the aunt in place of him to look after children but they refused everytime. are they doing right please say sir
Answers (3)

Answer #1
548 votes
There is provision for appointment of spouse or children under indigent circumstances on death of employees. But such provision is for permanent employees only.
You need to submit an application as prescribed by rules of the concerned department. It can not be done on the spot but takes time.
Answer #2
752 votes
Please give full details i.e. designation of your uncle, department in which he was working, whether he was holding casual or regular post , length of his service etc. The appointments on compassionate grounds against a post in Central Government are regulated in terms of the provisions of “Scheme for Compassionate Appointment under Central Government” issued under Department of Personnel & Training O.M. No. 14014/6/1994- Estt(D) dated 09.10.1998, as amended from time to time. All the instructions on compassionate appointments have been consolidated vide O.M. 14014/02/2012-Estt(D) dated 16.01.2013 and are available on the Department’s website www.persmin.nic.in (OMs & Orders> Establishment>(A) Administration (Ill) Concessions in Appointments (a) Compassionate Appointments).
The objective of the Scheme is to grant appointment on compassionate grounds to a dependent family member of a Government servant who has died while in service or who is retired on medical grounds before attaining the age of 55 years (57 years for erstwhile Group `D’ employees), thereby leaving the family in penury and without any means of sustainable livelihood so as to provide relief to the family of the Government servant concerned from financial destitution and to help it get over the emergency.The Supreme Court has held in its judgement dated February 28, 1995 in the case of the Life Insurance Corporation of India vs. Mrs Asha Ramchandra Ambekar and others [JT 1994(2) S.C. 183] that the High Courts and Administrative Tribunals cannot give direction for appointment of a person on compassionate grounds but can merely direct consideration of the claim for such an appointment.
Answer #3
877 votes
Every govt. Department has certain service rules. These service rules also deal with appointment on compassionate grounds. Please refer them for action. It could be that your aunt gets job or any one of the children (if they are adult) get job. Hope your aunt gets the pension atleast. The money may be less but atleast it is some money.

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