Compassionate appointment SBI
7 months ago
My father was an employee of SBI,he expired on 10 June 2022.I was in service with TCS pvt ltd.My interview for compassionate appointment in SBI was on 28 November 2022. I had tendered my resignation from TCS on 17 Nov 2022 and it was accepted on 2 Dec 2022.My compassionate appointment file was rejected by SBI stating that I was in service with TCS pvt Ltd at the date of my father's death i.e. on 10 June 2022.kindly please help me out weather can I get a chance in geting the job under compassionate appointment in SBI if I fight a legal case.
A.Dear Client,
The whole object of granting a compassionate appointment is to enable the family to tide over the sudden crisis and to relieve the family of the deceased from financial destitution and to help it get over the emergency. Compassionate appointment is not a vested right or an alternate mode of employment. It has to be considered and granted under the relevant rules. The Compassionate Grounds Appointments are given to any one of the legal heirs of the deceased Public Servant of PSU (i.e.) Wife, Husband, Son, Daughter, Divorcee, Widowed daughter if qualified for the same in terms of rules of compassionate appointment. In the context, Clause 10 of the Scheme for Compassionate Appointment circulated by the Deptt. of Personnel and Training(DOPT) is furnished herein, Clause- 10. WHERE THERE IS AN EARNING MEMBER - (a) In deserving cases even where there is already an earning member in the family, a dependent family member may be considered for compassionate appointment with prior approval of the Secretary of the Department/Ministry concerned who, before approving such appointment, will satisfy himself that grant of compassionate appointment is justified having regard to the number of dependents, assets and liabilities left by the Government servant, the income of the earning member as also his liabilities including the fact that the earning member is residing with the family of the Government servant and whether he should not be a source of support to other members of the family. (b) In cases where any member of the family of the deceased or medically retired Government servant is already in employment and is not supporting the other members of the family of the Government servant, extreme caution has to be observed in ascertaining the economic distress of the members of the family of the Government servant so that the facility of appointment on compassionate ground is not circumvented and misused by putting forward the ground that the member of the family already employed is not supporting the family. The Supreme Court’s judgment dated May 4, 1994 in the case of Umesh Kumar Nagpal vs. State of Haryana and others [JT 1994(3) S.C. 525] has ruled that Offering compassionate appointment as a matter of course irrespective of the financial condition of the family of the deceased or medically retired Government servant is legally impermissible. Neither the qualifications of the applicant (dependent family member) nor the post held by the deceased or medically retired Government servant is relevant. If the applicant finds it below his dignity to accept the post offered, he is free not to do so. The post is not offered to cater to his status but to see the family through the economic calamity. Compassionate appointment cannot be granted after lapse of a reasonable period and it is not a vested right that can be exercised at any time in the future. The Supreme Court has also held in its judgment 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 can not give direction for appointment of a person on compassionate grounds but can merely direct consideration of the claim for such an appointment. So, in view of the above-stated propositions and the status of your case, you cannot claim your appointment on compassionate grounds as a matter of right even through litigation before the High Court. However, you may access a second opinion on the subject from any other professional to go ahead.
The whole object of granting a compassionate appointment is to enable the family to tide over the sudden crisis and to relieve the family of the deceased from financial destitution and to help it get over the emergency. Compassionate appointment is not a vested right or an alternate mode of employment. It has to be considered and granted under the relevant rules. The Compassionate Grounds Appointments are given to any one of the legal heirs of the deceased Public Servant of PSU (i.e.) Wife, Husband, Son, Daughter, Divorcee, Widowed daughter if qualified for the same in terms of rules of compassionate appointment. In the context, Clause 10 of the Scheme for Compassionate Appointment circulated by the Deptt. of Personnel and Training(DOPT) is furnished herein, Clause- 10. WHERE THERE IS AN EARNING MEMBER - (a) In deserving cases even where there is already an earning member in the family, a dependent family member may be considered for compassionate appointment with prior approval of the Secretary of the Department/Ministry concerned who, before approving such appointment, will satisfy himself that grant of compassionate appointment is justified having regard to the number of dependents, assets and liabilities left by the Government servant, the income of the earning member as also his liabilities including the fact that the earning member is residing with the family of the Government servant and whether he should not be a source of support to other members of the family. (b) In cases where any member of the family of the deceased or medically retired Government servant is already in employment and is not supporting the other members of the family of the Government servant, extreme caution has to be observed in ascertaining the economic distress of the members of the family of the Government servant so that the facility of appointment on compassionate ground is not circumvented and misused by putting forward the ground that the member of the family already employed is not supporting the family. The Supreme Court’s judgment dated May 4, 1994 in the case of Umesh Kumar Nagpal vs. State of Haryana and others [JT 1994(3) S.C. 525] has ruled that Offering compassionate appointment as a matter of course irrespective of the financial condition of the family of the deceased or medically retired Government servant is legally impermissible. Neither the qualifications of the applicant (dependent family member) nor the post held by the deceased or medically retired Government servant is relevant. If the applicant finds it below his dignity to accept the post offered, he is free not to do so. The post is not offered to cater to his status but to see the family through the economic calamity. Compassionate appointment cannot be granted after lapse of a reasonable period and it is not a vested right that can be exercised at any time in the future. The Supreme Court has also held in its judgment 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 can not give direction for appointment of a person on compassionate grounds but can merely direct consideration of the claim for such an appointment. So, in view of the above-stated propositions and the status of your case, you cannot claim your appointment on compassionate grounds as a matter of right even through litigation before the High Court. However, you may access a second opinion on the subject from any other professional to go ahead.
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A.Dear client,
The appointment under these rules shall not be made in the case of the dependent of a deceased person who at the time of death was on re-employment or was employed as Local Candidate, Stipendiary Graduate or Daily Wage Worker or employed in any work charged establishment or on casual employment.
The appointment under these rules shall not be made in the case of the dependent of a deceased person who at the time of death was on re-employment or was employed as Local Candidate, Stipendiary Graduate or Daily Wage Worker or employed in any work charged establishment or on casual employment.
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