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Need information on getting job on compassionate grounds


30-May-2023 (In Labour & Service Law)
1) My father was manager in 'The Bank Of Rajasthan Ltd'. This is a private sector bank. He passed away in 2010 (before his retirement). He is survived by his Wife, a Daughter & a Son. 2) The bank offered a compassionate job first to his wife. As she is not a graduate the offer than was extended to me. I already had a job so i too declined the offer. 3) My sister got married in 2009, but because of issues in her in-laws home, she came back to her father's home a month after her marriage. She later got divorced in 2014. During this period she was staying in her father's home only. 4) When my father died, the compassionate job couldn't not be offered to her as her marital status was 'Married' Recently the honorable high courts of India gave this ruling that a married woman too can get a job on compassionate grounds upon death of her father. Can you please advise whether this ruling also applies to our case described above. Thanks Deepak
Answers (3)

Answer #1
851 votes
This ruling applies only to those persons family members who do not have any job after death of the sole bread earner of the family. Since at the time of death of your father you were having job does the bank is under any obligation to offer you or to give you job.
Answer #2
958 votes
hello Deepak , i am sorry to hear about your father, job on the basis of compassionate grounds can only be determined after reading the order from the bank, your sister can be made eligible for the job according to her qualification only after you answer me few points :
1. at the time job was offered did you wave of the offer
2. have you given any representation to the bank regarding your sisters interest for job and her inefficiency during the period when she was going through her divorce.

kindly answer me the queries, after that i will be able to answer you sincerely.
Answer #3
578 votes
Dear, this is a case where a job was offered as to compensate the requirements of livelihood to the family of deceased and in case you people denied to avail benefits of the scheme again and again it would be bit difficult to justify the claim, however, it can be advanced a plea that your sister was equally entitled to get the benefit but please make a point that compensatory job is not a right. You contact to lawyer and try to get the best.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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