Because your family may have to face these legal uncertainties, if unfortunately, you die while rendering your service to Government.
If you remain asleep about your rights, and if you will refuse to fight for your rights, your next generation may suffer.
What is Compassionate Appointment.
Some years ago, one of my clerks died. This was a private job. Legally there was nothing which his family could ask from me. Even then, I sent :
(1)Some petty amount to family.
(2)And offered a job on same salary to Son of my deceased Clerk.
This type of appointment is called, "Compassionate Appointment". The petty amount which I sent to family may be called,"Benefits payable on death or retirement" You need to understand these two phrases properly.
Because the whole Law of Compassionate Appointment revolves around these two words.
What Legal right a son, daughter or a widow has to get COMPASSIONATE APPOINTMENT if husband/father dies while in service?
No Legal Absolute Right. Law says so. The word Compassion or Pity means the quality of human beings to understand suffering of others and wanting to do something about it. "Wanting to do" cannot be interpreted as "Must Do"
This is a matter between you and the Government.
To persuade you to stay on job, various governments have passed various schemes about Granting Compassionate Appointments in the event of death of a government-employees.
The Scheme looks all right to you. But when a son, daughter or widow goes with application for being appointed as per SCHEME, the trouble and uncertainties begins. They could be dragged up to Supreme Court in litigation or somebody may ask for an exorbitant bribe to give them job on Compassionate Ground.
WHY THESE DISPUTES?
Most of the schemes are vague and self contradictory. It gives arbitrary power to government officers to grant or to reject. Most of schemes say that If any death-retirement benefits are paid, than it will be marjee (unbridled discretion) of government, to grant or not to grant such appointment
Even if a "Son" may not be illegible, if he pays bribe, he will get job and no one will challenge it in any court.
What Supreme Court says?
There are conflicting decisions.
If you are a government servant, you may check scheme applicable and may check out provision regarding power of Government to REFUSE compassionate appointment on the ground that the family is paid usual "Dearth-retirement benefit".
If there is vagueness in scheme, it is your duty to get it clarified either from Government or from High Court.
If you remain asleep about your rights, and if you will refuse to fight for your rights, your next generation may suffer.
Haresh Raichura
21/04/2012
