Compassionate appointment in state bank of india
2 months ago
my father was deceased on 7th sep 2019 due to cardiac attack on duty but that time compassionate appointment scheme is not applicable in sbi those the sbi officers telling me but in 2021 the scheme was applicable but because of my father was deceased on 2019 am not applicable for this criteria. is this justice for me because the government of India is already issued in 2014.
A.Dear client,
Only some policy have retrospective effect, it means that only certain policies will be applicable even before the scheme was introduced. The word retrospective is to look back or to be retroactive. As a result, a law that has retroactive effect is one that has been in force since before it was passed. Ex post facto law is another name for the retrospective law. A rule or regulation cannot be interpreted as retroactive unless it shows a clear and apparent intention to the contrary, according to the Supreme Court. Regulations or other delegated laws cannot be implemented retroactively in the absence of explicit statutory permission.
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Only some policy have retrospective effect, it means that only certain policies will be applicable even before the scheme was introduced. The word retrospective is to look back or to be retroactive. As a result, a law that has retroactive effect is one that has been in force since before it was passed. Ex post facto law is another name for the retrospective law. A rule or regulation cannot be interpreted as retroactive unless it shows a clear and apparent intention to the contrary, according to the Supreme Court. Regulations or other delegated laws cannot be implemented retroactively in the absence of explicit statutory permission.
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A.Dear client,
If the execution date of such guidance was on 2021, then you have to maintain that. Issuing date of certain policies is necessary to determine the effect.
Still if you want a better clarification, consult an advocate and file a Writ Petition before the Honorable High Court.
Thanks
If the execution date of such guidance was on 2021, then you have to maintain that. Issuing date of certain policies is necessary to determine the effect.
Still if you want a better clarification, consult an advocate and file a Writ Petition before the Honorable High Court.
Thanks
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A.Dear Client,
The whole object of granting a compassionate appointment is to enable the family to tide over the sudden crisis and relieve the family of the deceased from financial destitution and 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. The eligibility for an appointment under the Scheme for Compassionate Appointment is updated on 02/08/2022 by the Deptt. of Personnel and Training(DOPT), Clause 6, (a) The family is indigent and deserves immediate assistance for relief from financial destitution; and (b) Applicant for compassionate appointment should be eligible and suitable for the post in all respects under the provisions of the relevant Recruitment Rules. 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. 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 relieve the family of the deceased from financial destitution and 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. The eligibility for an appointment under the Scheme for Compassionate Appointment is updated on 02/08/2022 by the Deptt. of Personnel and Training(DOPT), Clause 6, (a) The family is indigent and deserves immediate assistance for relief from financial destitution; and (b) Applicant for compassionate appointment should be eligible and suitable for the post in all respects under the provisions of the relevant Recruitment Rules. 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. 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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