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Showing contexts for: dying in harness in The State Of West Bengal vs Debabrata Tiwari on 3 March, 2023Matching Fragments
1. Dependents of employees dying in harness: A solely dependent wife/son/daughter/near relation of an employee who dies in harness leaving his family in immediate need of assistance.
A near relation of the deceased employee may be considered for employment on compassionate ground only when the son/daughter/wife of the deceased employee cannot be considered for employment owing to minor age or other disabilities. In such a case the employment of a near relation of the deceased employee may be considered only for providing assistance immediately needed by the family, left behind by the deceased.
The wife/son/daughter/near relation of an employee who died-in-harness, may apply to the appointing authority through the Head of the Office of the employee in a prescribed form as per Part I & II of Annexure "A" along with a copy of death certificate praying for employment to support the family of the deceased employee. On receipt of such application the appointing authority shall form an enquiring committee of senior officials not less than three in number. The committee so formed shall make an enquiry about the genuineness of the prayer as well as the financial condition of the family of the deceased employee and submit a report as per Annexure "A" to the appointing authority. The appointing authority will forward the case together with his views, recorded in Annexure "A", to the Administrative Department concerned for consideration. If it is decided by the administrative department to be a fit case for offering employment on compassionate ground a suitable vacancy may be identified under the appointing authority concerned for providing employment subject to the condition that the candidate satisfies the qualification and other requirements prescribed for recruitment to the post. If a suitable vacancy is not available under the appointing authority concerned the administrative department may identify suitable vacancy under some other appointing authority under its administrative control for providing employment. The administrative department will forward the case with suitable direction, to the appointing authority, in whose establishment the vacancy has been identified. In the event of non-availability of the berth for accommodating such a case the administrative department concerned will have to move other departments for suitable berth. When a suitable vacancy is available in some other department to accommodate the case, the Administrative Department will forward the case along with the relevant papers to that department for further action. The Department having vacancy in the Exempted Category of posts will provide employment to the wife/son/daughter/near relation of the employee who died in harness subject to observance of relevant conditions and formalities.” 97-Emp. - 6th June, 2005:
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2. One of the dependants of an employee who dies in harness or who retires prematurely on being declared permanently incapacitated may be offered appointment on compassionate ground subject to the fulfilment of the following conditions:
(i) The employee has died, or retired on being permanently incapacitated before completing 20 years of services of before attaining the age of 50 years, whichever is earlier.
(ii) The family of the deceased of the retired employee, as the case may be, is in need of immediate assistance and appointment of dependant of the employee is absolutely essential for survival of the family.
3. Before notifying the policy, the administrative Department shall obtain the concurrence of the Labour Department and the Financial Department.” (emphasis by us) 16.1. A scheme for compassionate appointment was introduced by Circular Nos. 301-Emp. to 303-Emp. dated 21st August 2002. Circular No. 301-Emp identifies the exempted categories for the purpose of the Act of 1999. Dependents of employees dying in harness is one of the categories so identified. Circular No. 302-Emp provides that 30% of the vacancies arising in a year under any appointing authority shall be reserved to be filled by persons belonging to the exempted categories. Circular No. 303-Emp prescribes a procedure for filling up of vacancies reserved for the exempted categories, i.e., the procedure to be followed by the appointing authority on receipt of an application to be appointed on compassionate grounds. The said Circular provides that the administrative department shall, on finding a candidate eligible for compassionate appointment, either appoint him/her under the appointing authority which forwarded the application, or, identify a suitable department where there is a vacancy to be filled by a person belonging to an exempted category. The Circular further provides that any Department which has vacancy in the Exempted Category of posts will provide employment to the wife/son/daughter/near relation of the employee who died in harness.