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  • Category: Miscellaneous

    How to resolve issue of rejection for compensation employment


    Worried that you were declared ineligible for employment on compassionate grounds? Get expert advice on how to proceed further.

    My father(central Govt employee) passed away on duty in Nov 2015 and I have applied for a compensation employment by providing a no objection from my Mother and Sister (Married).

    The amount that was received through LIC, Gratuity, Provident Fund etc is under 5 lakh.

    I was undergoing PGDM course in ICICI Manipal academy as a Probationary Officer with final term remaining and could not attend since there is no source of income after the incident and no one is there to take care of my Mother.

    I'm having a loan against the PGDM of 4lakh and half of the amount is been deducted from my Mother's Pension (7,500) against the personal loan taken by my father for 4 years.

    My employment is been rejected mentioning the grounds which are mentioned below.
    1. The Committee has examined your case taking into account all the aspects such as the financial benefits received by the dependent family members, the size and status of the family, age of the children, essential needs, assets and liabilities. After thorough examination of your application, the committee has not recommended your case for compassionate appointment.

    I have requested to reconsider the application which is currently going on through Organisation Union. I belong to Schedule Caste.

    What if the organisation rejects again? How to proceed further?

    My father was a heart patient and was been sent on office duty while he was ill. It was the 2nd time during that month. He would have lived if he had been admitted on time. We have not raised any question since we expected organisation will do a favor to our family.
  • #147632
    Compassionate appointment (not compensation employment) is given to one of the dependents of the Government employee mainly taking into consideration the financial condition of the family of the deceased employee. Moreover, a department can fill up a maximum of 2% of the vacant posts annually as compassionate appointment. On the other hand, the amount of death benefits received by the nominee of the deceased employee is NOT a factor in deciding eligibility for the compassionate appointment.

    You have to again apply to the Head of the Department of the office of your father giving details of the financial condition of the family and the pending loan. You have to request reconsideration of your case.

    Non-violence is the greatest Dharma; So too is all righteous violence.

  • #147633
    Is education qualification and family size add a valid point to the rejection. As I have asked some employees they said that those two points are weak to get rejected.

  • #147634
    Before proceeding it once again, kindly consult to some lawyer. Because they may be more knowledgeable as compared to us. Possibly they can give you advice and can draft your next application as well.
    I think it will take 4-5 years to repay this amount from your mother account at this rate. You belongs to which state and what is your qualification? If you can reach out states ministers, chief minister or PA etc. Things might workout.
    Because if you living in small town. You will not get good job. For that you may have to shift in tier2, tier1, or metros for job. For initial years you may not be able bear the cost and you have mother as well. You can't leave her alone as well. But if you living in cities like patna, lucknow, kolkata etc you may get some job. If there is job opportunity in your area. Kindly try for it.

  • #147635
    Family size and educational qualification are definitely taken into account by the Committee for deciding compassionate appointment. Kindly also check whether any other application for compassionate appointment is being considered by the committee. If more than one application is received, the committee will be forced to compare the financial conditions of the families concerned.

    Please don't go to file any court case. Compassionate appointment is discretionary in nature, and the Court can't give any ruling in your favour against the existing rule and procedure.

    Non-violence is the greatest Dharma; So too is all righteous violence.

  • #147636
    Family size and educational qualifications are definitely will be considered for accepting the application for compassionate appointment. As mentioned in other posts they can't consider all the applications at a time. The Department in which your father worked has to see that your application will once again go to the committee when there are no other applications so that your application will have more chances for consideration.

    What I feel is you should be in touch with the department head who is supposed to recommend your application to the committee. He is the person who can help you. In your applications, you should mention your financial conditions and family necessities also. I also don't think that approaching the court may not be used and you will have a problem with the Department also. There are no pieces of evidence anywhere that court interfered in such situations.

    drrao
    always confident

  • #147656
    In every Govt department, there are compassionate appointments done on the basis of merit of the case as there is a limitation on the number of posts annually given on this account.
    While making your application you can highlight this factor by requesting them to accommodate you in the next financial year if it is not possible during the current year.

    Thoughts exchanged is knowledge gained.

  • #147680
    Appointment on compassionate grounds should not exceed 5% of the overall vacancies available in that particular group. It is the decision of the committee to grant or not to grant. You can re-apply or submit another request to the Head of the Department or try to get in touch with the Joint Secretary in -charge of administration in the concerned department and or Ministry.

    Courts usually guide or advise in exceptional cases. There are many Supereme Court judgements related to this
    1.JT 1994(2) S.C.183- High courts/tribunals cannot give directions for appointment on compassionate grounds, they can merely direct consideration of the claim, that's all.
    2.JT 1996(9) S.C.197. Compassionate ground appointments can be made only if a vacancy is avaliable for that purpose.
    3. Only Group C/ Groupd D posts can be offered on compassinate grounds

    You can read through to these two detailed documents about compassionate grounds appointment

    http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/compsch_scheme.htm

    http://harmonysrinivas.com/article/compassionate-appointments-comprehensive-view-2016/

  • #147717
    Firstly, the question should be read as Compassionate appointment and not compensation appointment. Compassionate appointments are decided by the Head of the Department of the concerned job holder who dies while in service. It is totally decided be the screening committee based on the merits of the case subject to availability of the vacancies which should be filled in the permissible limits as prescribed by the administrative ministry. There won't be any reservations followed for compassionate appointments and would be made for non-Gazetted posts only. You can ask for reconsideration of the decision explaining the contingencies you are facing in the absence of a job for your family. But you can't challenge the decision.
    Regards,
    Jagdish


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