About Compassionate Appointment About Compassionate Appointment

2 months ago

Sir my father was ex Andhra Bank employee died in 2001. At that time iam a minor aged 16. so my father's branch manager told me to apply for Compassionate Appointment job after attaining majority. As per his words applied for job in 2004 june, through branch manager. At the time of applying we asked manager to give filled up application forms to take Xerox for future reference. But he was not accepted for that. Later after applying for compassionate appointment we waited for nearly 6 months, but no reply, after one year also no reply from branch or head office. Later we have approached many times to Hyderabad head office & union leaders also, but no use. Till now since these 23 years i didn't get job. But recently we came to know that, after 1999 PSB's stopped giving Compassionate Appointments, but in some certain conditions whether employee family was poor. Truly my father hasn't taken housing loan, his service was nearly 23 years left, and also lakhs of rupees of his PF, Gratuity cut from bank because my father has taken many loans. Totally our financial position was very very poor. But manager doesn't consider that. When ever i went to Hyderabad head office they simply giving me letter stating that iam not eligible for Compassionate Appointment. Till now what happened with our case we don't know. One-thing i want to tell here that, from 1999 to 2006 PSB's not approved Compassionate Appointments, only lumpsum ex-gratia given as Replacement. Later we applied for ex-gratia also, sadly it was also got rejected. Recently i came to know that, in 2004 some of Andhra Bank deceased employees relatives got Compassionate Appointment Jobs, i have one of the person details with appointment proof, is it helpful for my case...Right now my mother was in death bed, getting some Pension. Iam 39 years old, my brother was 38. Till now we didn't have proper life or job. Doing small private jobs, leading life without marriage. No other relatives were ledt with us. Sir is there any chance to get my father Compassionate Appointment through Court Right Now. But we are very poor to pay fees also. So please kindly anyone if possible takeup our case and do justice for us. If anything we get positive from court, we will slowly repay your fees sir. Please Sir

Anik

Responded 2 months ago

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A.Dear Client,

The primary purpose of granting a compassionate appointment is to provide financial relief to the family facing sudden crises due to the demise of a public servant, aiming to prevent financial destitution. However, compassionate appointment is not an inherent right or an alternative employment avenue. Therefore, after 23 years, your claim for such an appointment becomes obsolete concerning the objectives of the Compassionate Appointment Scheme. The appointments are typically extended to legal heirs such as the spouse, children, divorced individuals, or widowed daughters, following the scheme's rules.

Compassionate appointments are offered indiscriminately, regardless of the family's financial condition, is legally impermissible. Additionally, compassionate appointments cannot be granted after an extended period, and they do not constitute a vested right that can be exercised at any future time. Given these scheme principles and your case's status, claiming a compassionate appointment as a right, even through legal recourse before the High Court, is not feasible after the elapsed 23-year period.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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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. Therefore, after the lapse of 23 years, your claim for appointment on compassionate grounds becomes infructuous so far the objectives of the Compassionate Appointment Scheme are concerned. The Compassionate 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 the rules of the scheme. 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. So, in view of the above-stated propositions of the scheme and the status of your case, you cannot claim your appointment on compassionate grounds as a matter of right after lapse of 23 years even through litigation before the High Court.
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