Advocate Prakash Yedhula

Questions Answered by Advocate Prakash Yedhula

Q: How can I get the Compassionate job due to me

My father who was an employee of state express transport corporation he passed away on 20.august.2002.i have applied for his job on compassionate ground on 06.09.2002. They said we did not apply and we had not renewal within 3 years. Hence I'm not able to get that job. But few employees says if I file case it will be possible to get job. What shall I do. Can we get the job

Advocate Prakash Yedhula answered
In your case, there is inordinate delay in approaching the court. Even assuming that your application made in 2002 is available, the fact that you managed to live for the past 15 years after the demise of your father will be put against you. Even as late as October 2017 the Madras High Court has reiterated that compassionate appointments provided to family members of deceased public servants cannot be claimed as a matter of right. Further, it has been emphasized that such appointments can only be allowed in indigent circumstances, as a matter of concession.

Q: Which notification governs MACP ?

Sir, As per DOPT OM No.35034/3/2008-Estt. (D) dt. the 19th May, 2009, Annexure-I, para 17- it is mentioned that upto grade pay 6600/-, for MACP 'good' is applicable. However, as per DOPT OM No.. F.No.35034/3/2015-Estt.(D) dt. 27.09.16, it is mentioned that " very good" is applilcable for MACP for all the posts w.e.f. 25.07.16. My doubt is based on 19.05.09 OM in my APAR if good is given during the period 12-13, there is no problem to get MACP hence I have not represented. Now shall I give representation stating that a chance to be given to represent for APAR gradings.- Regards

Advocate Prakash Yedhula answered
DoP&T has already clarified the position to Central Board of Excise and Customs and opined that there is no question of allowing second opportunity of representation against the APAR which are post 2009 as these are already disclosed to the employees in APAR process. DoP&T vide OM dated 28.09.2016 has implemented the recommendations of 7th CPC. accepted by the Government for enhancing the benchmark for grant of MACP to ‘Very Good’. These instructions are applicable w.e.f 25.07.2016, the date of issue of Government Resolution by D/o Expenditure. Therefore, in cases where the MACP falls due on or after 25.07.2016, the revised benchmark of ‘Very Good’ is to be followed. In other words, the overall grading of the APARs reckonable for grant of MACP should be atleast ‘Very Good’.Please see the link http://www.gconnect.in/orders-in-brief/macp-orders-in-brief/macp-clarification-good-benchmark.html