How to seek father's government job after his death

my father was an govt. employee of zoological survey of india(kolkata)..died in 2014. at the age of 52, 8 years before the retirement. when he died he was an employee. now it has been going for 4 years,but our no family memeber did not get his job yet.. my elder brother(age 27),working for a, i am an student,pursuing my graduation(age 20)..mother has died also in 2015. i have applied for this job,but office director did not taken any action on it. plz help me.. what should i do at this stage? is there any possiblity to get his job? plz help me out..

Answers (1)

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The rules related to applying for a compassionate appointment have been dealt with under the Scheme for Compassionate appointment. The objective of the scheme is to provide employment 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 without any means of sustainable livelihood. The scheme provides relief to the family of a Government servant concerned with destitution and to help it get over the emergency.

Is there a time limit to apply for compassionate appointment?

There is no time limit to apply for compassionate employment. A request for appointment on compassionate grounds can be carried forward to next years if an application could not be made within a year of the requirement of such employment. However, the total number of compassionate appointments made in a year must not exceed 5% limit of direct recruitment of Group C quota.

Who can apply?

A request for a compassionate appointment can only be made by a dependent family member of a government servant. The term ‘dependent family member’ includes:

  1. Spouse of the government servant;

  2. Son (including adopted son) of the government servant;

  3. Daughter (including an adopted daughter) of the government servant;

  4. Brother or sister in case of unmarried government servant;

  5. Member of the Armed Forces, who was entirely dependent upon the Government Servant/member of the Armed Forces at the time of his death in harness or retirement on medical grounds, as the case may be.

A married daughter can also apply for a compassionate appointment if she was wholly dependent upon the government servant at the time of his/her death in harness or retirement on medical grounds and if she supports other dependent members of the family.

Employment on compassionate grounds is not a right

The Supreme Court in one of its landmark judgments has stated that the policy of compassionate appointment in public service is not a right, but a benefit held out by the state to rescue the family of a government employee, who died in harness, from penury. Thus, the basis of the policy is that it recognizes that a family of a deceased employee may be placed in a position of financial hardship upon the untimely death of the government employee while in service.

How can a lawyer help?

In case you have made an application for appointment on compassionate grounds and it has not been granted to you even though you are falling within the criteria to apply for such appointment, you can take the help of a good labour and service lawyer. An experienced labour and service lawyer can guide you with your options in case you have been rejected to be appointed on compassionate grounds. He can also help you file a case and represent you in court if need be.

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