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Rules of job for daughter under compassionate ground

Rules of job for daughter under compassionate; Compassionate Appointment it’s a social security scheme which is launched

By Aroosa Reshi
New Update
Rules of job for daughter under compassionate ground

Ground Report | New Delhi: Rules of job for daughter under compassionate; Compassionate Appointment it’s a social security scheme which is launched by the government of India. It’s compassionate on the behalf of his family members which is dependent on the working person. Compassionate is granted on the basis of when a government employee dies while his service. The Job will give his daughter or a son. The state government of India issued the notification and changed the rules under the Karnataka Civil Services. Appointment on compassionate grounds, Amendment, rules 2021.

Rules of job for daughter under compassionate

As stated, the State Government of India ruled that the expired female married government worker, her son, girl (unmarried/wedded/separated/bereft), and single man who were subject to her and were living with her are qualified to get a job.

While the stated, by the high court of Allahabad, said that the daughters are eligible for the jobs on compassionate grounds.  While saying that the sons are eligible for the job, not a daughter because she is married is discriminatory.

Justice, J.J. Munir gave the decision on a supplication by Manjul Srivastava, a local of the state who tested a June 2020 request for the Prayagraj’s area fundamental training official, dismissing her case to be designated to her dad’s post on compassionate grounds following his demise during administration.

The District Education Department had rejected her claim saying that she was the "married daughter" of the deceased officer and that her appointment would be in violation of the provisions of the Uttar Pradesh Government Servant Clerk Recruitment Rules, 1974 to die in harness.

However, the High Court held that a married daughter is equally eligible for government posts on compassionate grounds as a married son or an unmarried daughter.

The court held that dismissal of a compassionate job claim of a deceased government official's daughter merely because she is married would be violative of the fundamental rights guaranteed by Articles 14 and 15 of the Constitution.

Consequently, there is no need to further amend the relevant regulations to allow the humanitarian employment of the married daughter of a deceased public official. The court requested the district education department to consider and decide Majul's request for a compassionate appointment by law without reference to her marital status within two months.

Eligibility

(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.

Relaxations

(a) Upper age limit could be relaxed wherever found to be necessary. The lower age limit should, however, in no case be relaxed below 18 years of age.

Note I Age eligibility shall be determined with reference to the date of application and not the date of appointment;

Note II Authority competent to take a final decision for making a compassionate appointment in a case shall be competent to grant relaxation of upper age limit also for making such appointment.

(b) Secretary in the Ministry/Department concerned is competent to relax temporarily educational qualifications as prescribed in the relevant recruitment rules in the case of appointment at the lowest level e.g. Group ‘D’ or Lower Division Clerk post, in exceptional circumstances where the condition of the family is very hard provided there is no vacancy meant for compassionate appointment in a post for which the dependent family member in question is educationally qualified. Such relaxation will be permitted up to a period of two years beyond which no relaxation of educational qualifications will be admissible and the services of the person concerned, if still unqualified, are liable to be terminated.

Note In the case of an attached/subordinate office, the Secretary in the concerned administrative Ministry/Department shall be the competent authority for this purpose.

(c) In the matter of exemption from the requirement of passing the typing test those appointed on compassionate grounds to the post of Lower Division Clerk will be governed by the general orders issued in this regard:-

(i) by the CS Division of the Department of Personnel and Training if the post is included in the Central Secretariat Clerical Service; or

(ii) by the Establishment Division of the Department of Personnel and Training if the post is not included in the Central Secretariat Clerical Service.

(d) Where a widow is appointed on compassionate ground to a Group ‘D’ post, she will be exempted from the requirement of possessing the educational qualifications prescribed in the relevant rules provided the duties of the post can be satisfactorily performed by her without possessing such educational qualifications.

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