Response
It is quite clear that you can make demand of release of gpf and pension of your mother. As far as job part is concerned for that you can file writ in high court. You will have to file two cases one is writ for release of gpf and pension and one writ for claiming job on compassionate ground.
The Compassionate Grounds Appointments are given to any one of the legal heirs of the deceased Government Servant.(i.e.) Wife, Husband, Son, Daughter, Divorcee, Widowed daughter.
The application for appointment on compassionate grounds has to be submitted within 3 years from the date of death of the Government Servant.
the posts for which appointment is given on Compassionate Grounds are Junior Assistant / Typist / Draughtsman / Depot Manager, Grade-III in Tamil Nadu Ministerial Service and Assistant in Tamil Nadu Secretariat Service.
The legal heir can be appointed only as Junior Assistant on Compassionate grounds.
The application for appointment on Compassionate Grounds should be submitted along with necessary certificates and a certificate obtained from the tahsildar stating that the family of the deceased government servant is in indigent circumstances.
The legal heir of the deceased government servant should apply for appointment on Compassionate Grounds only to the office, where the government servant was in service at the time of his/her death.
The Certificates required to be submitted along with the application for appointment on Compassionate grounds:-
(1) Requisition letter for Employment on Compassionate ground by the deceased govt ServantÕs Wife / Husband.
(2) Requisition letter for Employment on Compassionate ground by the legal heir of the deceased govt Servant.
(3) Death Certificate of deceased govt servant.
(4) Legal heir Certificate of the deceased govt servant.
(5) No Objection Certificate obtained from the other legal heirs.
(6) Prescribed Educational Qualification Certificates.
(7) Genuineness of the Educational / Technical Qualification.
(8) Consolidated Certificate obtained from tahsildar.
(9) If the deceased govt ServantÕs Wife has claimed appointment on Compassionate grounds, she should produce a Certificate to the effect that she has not been Re-married.
Reference: rticles 19(1)(f) and 31(1)of Constitution
202100123202100247011
LAWAYZ-2023-772
