HC rider on employment under compassionate grounds
MADURAI, NOVEMBER 08, 2018 00:00 IST
The Madurai Bench of the Madras High Court has suggested to the government to consider passing a G.O. based on its suggestions.G_Moorthy
Court was hearing a batch of pleas seeking a direction in this regard
Taking into account the number of pending service matters, particularly those relating to employment under compassionate grounds, the Madurai Bench of the Madras High Court has suggested to the government to consider passing a Government Order based on its suggestions.
Justice S. Vaidyanathan suggested that application for compassionate appointments be made within one year from the date of death of the government employee as against the current three-year period.
The court suggested that the government drop the eligibly norms for Class IV employees. For the appointment to the post of sweeper, there was no need to prescribe any qualification; it could be ensured that the person to be appointed knew to read, write, ride bicycle or two-wheeler and carry out household and office works. The request for appointment on compassionate grounds for a child in the womb, by seeking reservation on one post till the child attained majority, could not be entertained, the court said.
Whenever an application was made seeking compassionate appointment, it must be decided within a period of three months. If a decision was not taken within three months, the officer concerned should be removed and posted in a non-sensitive post. The documents sought by the authorities should be uploaded so that there would no difference of opinion among the parties with regard to non-consideration of documents for scrutiny, the court said.
The court added that in case the compassionate appointment was considered for any person other than the spouse of the deceased, then 25% of the gross monthly income should be paid to the spouse after tax deduction. This measure had to be taken in order to protect such spouses in their old age.
The court reiterated that compassionate appointments were not a back door entry appointments and were based on rules, regulations, guidelines and government orders. However, it was not a usual recruitment process and required satisfaction of requirements under the contemplated rules.
The court passed the common order while hearing petitions seeking a direction to be considered for appointment under compassionate grounds.
MADURAI, NOVEMBER 08, 2018 00:00 IST
The Madurai Bench of the Madras High Court has suggested to the government to consider passing a G.O. based on its suggestions.G_Moorthy
Court was hearing a batch of pleas seeking a direction in this regard
Taking into account the number of pending service matters, particularly those relating to employment under compassionate grounds, the Madurai Bench of the Madras High Court has suggested to the government to consider passing a Government Order based on its suggestions.
Justice S. Vaidyanathan suggested that application for compassionate appointments be made within one year from the date of death of the government employee as against the current three-year period.
The court suggested that the government drop the eligibly norms for Class IV employees. For the appointment to the post of sweeper, there was no need to prescribe any qualification; it could be ensured that the person to be appointed knew to read, write, ride bicycle or two-wheeler and carry out household and office works. The request for appointment on compassionate grounds for a child in the womb, by seeking reservation on one post till the child attained majority, could not be entertained, the court said.
Whenever an application was made seeking compassionate appointment, it must be decided within a period of three months. If a decision was not taken within three months, the officer concerned should be removed and posted in a non-sensitive post. The documents sought by the authorities should be uploaded so that there would no difference of opinion among the parties with regard to non-consideration of documents for scrutiny, the court said.
The court added that in case the compassionate appointment was considered for any person other than the spouse of the deceased, then 25% of the gross monthly income should be paid to the spouse after tax deduction. This measure had to be taken in order to protect such spouses in their old age.
The court reiterated that compassionate appointments were not a back door entry appointments and were based on rules, regulations, guidelines and government orders. However, it was not a usual recruitment process and required satisfaction of requirements under the contemplated rules.
The court passed the common order while hearing petitions seeking a direction to be considered for appointment under compassionate grounds.
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