Legal Question in Employment Law in India

Sir,

My father was the employee of Mtnl Delhi and expired on April 2011. his retirement year is 2019.sir I belong to a middle class family my father was only person who earns I am doing my study(M.A.) After the death of my father I applied for the job in mtnl on compassion ground for fulfill the requirement of my family but after passing approx one year the deptt is not giving the response on my application ,they told me that compassion ground job has a blanket ban by the govt of India and also there is a blanket ban in mtnl to give a job on compassion ground. sir I met all the officers of mtnl but no response is given by them, sir I am eligible and under age and also fulfill all requirement to get a job .sir please help me in this matter.

Thanking you

Lalit malhotra


Asked on 5/02/12, 12:57 am

3 Answers from Attorneys
Santosh Dash Legal Consultant

Lalit, File one RTI Application to the MTNL by paying Rs 10 only asking for the companys guideline and rules for the compassionate appointment. Wait for the response (max 3 days) and do your homework by analysing the circular of the state government.

Simultenously, file an RTI Application on the Govt on the same (State Govt rule on Compassionate appointment)

Afer getting both the answers, you will have some clear idea.

If you think you are eligible, file writ petition with the high court.

* be aware of black coat and note money cant solve all problems unless you are in

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Answered on 5/02/12, 2:24 am
Fca Prashant Chavan Expert Edge LLP

02.05.2012

Dear Lalit,

(a) Appointment on compassionate grounds in any Central Government establishment should be made only on regular basis and that too only if regular vacancies meant for that purpose are available.

(b) Compassionate appointments can be made upto a maximum of 5% of vacancies falling under direct recruitment quota in any Group �C� or �D� post. The appointing authority may hold back upto 5% of vacancies in the aforesaid categories to be filled by direct recruitment through Staff Selection Commission or otherwise so as to fill such vacancies by appointment on compassionate grounds. A person selected for appointment on compassionate grounds should be adjusted in the recruitment roster against the appropriate category viz SC/ST/ OBC/General depending upon the category to which he belongs. For example, if he belongs to SC category he will be adjusted against the SC reservation point, if he is ST/OBC he will be adjusted against ST/OBC point and if he belongs to General category he will be adjusted against the vacancy point meant for General category.

There is no blanket ban as stated above. Write to the Chief PRO at MTNL submitting your father's Death Certificate and your educational certificates requesting for employment on compassionate grounds.

You can mail me for any further on-line legal advice at [email protected]

Regards,

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Answered on 5/02/12, 3:58 am
Devansh Bhardwaj Devansh Bhardwaj

First of all my friend file an Application under RTI Act and enquire about the status of your Application for compassionate appointment filed by you a year ago, and then after that you may approach the Hon'ble High Court accordingly.

All the excuses in oral given by MTNL Officers are bogus and of no use.

All I can say to you at present is

BEST OF LUCK

FOR FURTHER DISCUSSIONS IF ANY, FEEL FREE TO CONTACT ON 09415109404 OR [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 5/02/12, 7:46 am


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