Compassionate appointment Compassionate appointment

1 week ago

My father was in SBI and he died on 13-04-2023- and that time I am doing a private job on 1year contract and my contract is done on November 2023 after this I applied for compassionate appointment in SBI bank but they rejected my request because at that time I am already in other job but my question is I am not a regular employee of any company or organisation then why I can’t eligible for the appointment
Kindly please guide if there is any solution of this

Kishan Dutt Kalaskar

Responded 1 week ago

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A.Dear Sir,
You may directly approach High Court and on sympathy grounds you may get appointment on compassionate grounds.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week 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, relieve the deceased's family from financial poverty, and help it get over the emergency. Compassionate appointment is not a vested right or an alternate mode of employment. It is considered and granted strictly following the relevant rules and the scheme. Under the Compassionate Appointments Scheme, employment is offered 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), Ministry of Personnel, Public Grievance and Pension, Govt. of India wherein scope and eligibility for employment under the compassionate appointment scheme are explained in detail. 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, given the above-stated propositions of the Scheme, Court rulings, and the status of your case, your claim for appointment on compassionate grounds might not be considered or upheld as a matter of right even through litigation. You can go through the complete details and application procedures under the Scheme on Compassionate Appointment on the official website of the DOPT and take steps accordingly if it appears feasible and worthy to you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 week ago

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A.Dear Client,
The SBI rules can not be breached. it could be the policy of the bank to not hire anyone. Please check with the rules and guidelines for heiring employees
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