No.19(9)/2012/D(Lab)
Government of India
Ministry of Defence
New Delhi, the 8th Aug, 2012.
Subject: Review of three years time limit for making compassionate appointment.
The undersigned is directed to say that the Hon’ble CAT Allahabad Bench
has quashed the three year time limit of offer of appointment on
compassionate grounds vide Department of Personnel and Training OM. No.
14014/19/2002/ Estt(D) dated 5.5.2003.
The Writ Petition filed against the Order was also dismissed on
7.5.2010. The Department of Personnel and Training has re-examined the
above Judgement in consultation with Ministry of Law and has decided to
withdraw the instruction contained in OM dated 5.5.2003 referred to
above. Accordingly DoP&T OM. No. F.No. 14014/3/2011-Estt(D) dated
26.7.2012 (copy enclosed) is circulated for information, compliance,
guidance and/ necessary action.
End: as above.
sd/-
(K.K. Daimary)
Under Secretary to the Govt of India.
Source: www.cgda.nic.in
[http://www.cgda.nic.in/adm/compAppt.pdf]
SCHEME FOR COMPASSIONATE APPOINTMENT
1. OBJECT
The object of the Scheme is to grant appointment on compassionate
grounds to a dependent family member of a Government servant dying in
harness or who is retired on medical grounds, thereby leaving his family
in penury and without any means of livelihood, to relieve the family of
the Government servant concerned from financial destitution and to help
it get over the emergency.
2. TO WHOM APPLICABLE
To a dependent family member –-
(A) of a Government servant who –-
(a) dies while in service (including death by suicide); or
(b) is retired on medical grounds under Rule 2 of the CCS (Medical
Examination) Rules 1957 or the corresponding provision in the Central
Civil Service Regulations before attaining the age of 55 years (57 years
for Group ‘D’ Government servants); or
(c) is retired on medical grounds under Rule 38 of the CCS(Pension)
Rules, 1972 or the corresponding provision in the Central Civil Service
Regulations before attaining the age of 55 years (57 years for Group ‘D’
Government servants); or
(B) of a member of the Armed Forces who –
(a) dies during service; or
(b) is killed in action; or
(c) is medically boarded out and is unfit for civil employment.
Note I "Dependent Family Member" means:
(a) spouse; or
(b) son (including adopted son); or
(c) daughter (including adopted daughter); or
(d) brother or sister in the case of unmarried Government servant or
(e) member of the Armed Forces referred to in (A) or (B) of this para,
-- who was wholly dependent on the Government servant/ member of the
Armed Forces at the time of his death in harness or retirement on
medical grounds, as the case may be.
Note II "Government servant" for the purpose of these instructions means
a Government servant appointed on regular basis and not one working on
daily wage or casual or apprentice or ad-hoc or contract or
re-employment basis.
Note III "Confirmed work-charged staff" will also be covered by the term ‘Government servant’ mentioned in Note III above.
Note IV "Service" includes extension in service (but not re-employment)
after attaining the normal age of retirement in a civil post.
Note V "Re-employment" does not include employment of ex-serviceman before the normal age of retirement in a civil post.
3. AUTHORITY COMPETENT TO MAKE COMPASSIONATE APPOINTMENT
(a) Joint Secretary incharge of administration in the Ministry/Department concerned.
(b) Head of the Department under the Supplementary Rule 2(10) in the case of attached and subordinate offices.
(c) Secretary in the Ministry/Department concerned in special types of cases.
4. POSTS TO WHICH SUCH APPOINTMENTS CAN BE MADE
Group ‘C’ or Group ‘D’ posts against the direct recruitment quota.
5. ELIGIBILITY
(a) The family is indigent and deserves immediate assistance for relief from financial destitution; and
(b) Applicant for compassionate appointment should be eligible and suitable for the post in all respects
under the provisions of the relevant Recruitment Rules.
6. A. EXEMPTIONS
Compassionate appointments are exempted from observance of the following requirements:-
(a) Recruitment procedure i.e. without the agency of the Staff Selection Commission or the Employment Exchange.
(b) Clearance from the Surplus Cell of the Department of Personnel and Training/Directorate General of Employment and Training.
(c) The ban orders on filling up of posts issued by the Ministry of Finance (Department of Expenditure).
B. RELAXATIONS
(a) Upper age limit could be relaxed wherever found to be necessary. The
lower age limit should, however, in no case be relaxed below 18 years
of age.
Note I Age eligibility shall be determined with reference to the date of application and not the date of appointment;
Note II Authority competent to take a final decision for making
compassionate appointment in a case shall be competent to grant
relaxation of upper age limit also for making such appointment.
(b) Secretary in the Ministry/Department concerned is competent to relax
temporarily educational qualifications as prescribed in the relevant
recruitment rules in the case of appointment at the lowest level e.g.
Group ‘D’ or Lower Division Clerk post, in exceptional circumstances
where the condition of the family is very hard provided there is no
vacancy meant for compassionate appointment in a post for which the
dependent family member in question is educationally qualified. Such
relaxation will be permitted upto a period of two years beyond which no
relaxation of educational qualifications will be admissible and the
services of the person concerned, if still unqualified, are liable to be
terminated.
Note In the case of an attached/subordinate office, the Secretary in the
concerned administrative Ministry/Department shall be the competent
authority for this purpose.
(c) In the matter of exemption from the requirement of passing the
typing test those appointed on compassionate grounds to the post of
Lower Division Clerk will be governed by the general orders issued in
this regard:-
(i) by the CS Division of the Department of Personnel and Training if
the post is included in the Central Secretariat Clerical Service; or
(ii) by the Establishment Division of the Department of Personnel and
Training if the post is not included in the Central Secretariat Clerical
Service.
(d) Where a widow is appointed on compassionate ground to a Group ‘D’
post, she will be exempted from the requirement of possessing the
educational qualifications prescribed in the relevant rules provided the
duties of the post can be satisfactorily performed by her without
possessing such educational qualifications.
7. DETERMINATION/AVAILABILITY OF VACANCIES
(a) Appointment on compassionate grounds 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.
(c) While the ceiling of 5% for making compassionate appointment against
regular vacancies should not be circumvented by making appointment of
dependent family member of Government servant on casual/daily
wage/ad-hoc/contract basis against regular vacancies, there is no bar to
considering him for such appointment if he is eligible as per the
normal rules/orders governing such appointments
(d) The ceiling of 5% of direct recruitment vacancies for making
compassionate appointment should not be exceeded by utilising any other
vacancy e.g. sports quota vacancy.
(e) Employment under the scheme is not confined to the Ministry/
Department/Office in which deceased/medically retired Government servant
had been working. Such an appointment can be given anywhere under the
Government of India depending upon availability of a suitable vacancy
meant for the purpose of compassionate appointment.
(f) If sufficient vacancies are not available in any particular office
to accommodate the persons in the waiting list for compassionate
appointment, it is open to the administrative Ministry/Department/
Office to take up the matter with other Ministries/Departments/Offices
of the Government of India to provide at an early date appointment on
compassionate grounds to those in the waiting list.
8. BELATED REQUESTS FOR COMPASSIONATE APPOINTMENT
(a) Ministries/Departments can consider requests for compassionate
appointment even where the death or retirement on medical grounds of a
Government servant took place long back, say five years or so. While
considering such belated requests it should, however, be kept in view
that the concept of compassionate appointment is largely related to the
need for immediate assistance to the family of the Government servant in
order to relieve it from economic distress. The very fact that the
family has been able to manage somehow all these years should normally
be taken as adequate proof that the family had some dependable means of
subsistence. Therefore, examination of such cases would call for a great
deal of circumspection. The decision to make appointment on
compassionate grounds in such cases may, therefore, be taken only at the
level of the Secretary of the Department/Ministry concerned.
(b) Whether a request for compassionate appointment is belated or not
may be decided with reference to the date of death or retirement on
medical ground of a Government servant and not the age of the applicant
at the time of consideration.
9. WIDOW APPOINTED ON COMPASSIONATE GROUNDS GETTING REMARRIED
A widow appointed on compassionate grounds will be allowed to continue in service even after re-marriage.
10. WHERE THERE IS AN EARNING MEMBER
(a) In deserving cases even where there is already an earning member in
the family, a dependent family member may be considered for
compassionate appointment with prior approval of the Secretary of the
Department/Ministry concerned who, before approving such appointment,
will satisfy himself that grant of compassionate appointment is
justified having regard to number of dependents, assets and liabilities
left by the Government servant, income of the earning member as also his
liabilities including the fact that the earning member is residing with
the family of the Government servant and whether he should not be a
source of support to other members of the family.
(b) In cases where any member of the family of the deceased or medically
retired Government servant is already in employment and is not
supporting the other members of the family of the Government servant,
extreme caution has to be observed in ascertaining the economic distress
of the members of the family of the Government servant so that the
facility of appointment on compassionate ground is not circumvented and
misused by putting forward the ground that the member of the family
already employed is not supporting the family.
11. MISSING GOVERNMENT SERVANT
Cases of missing Government servants are also covered under the scheme
for compassionate appointment subject to the following conditions:-
(a) A request to grant the benefit of compassionate appointment can be
considered only after a lapse of at least 2 years from the date from
which the Government servant has been missing, provided that:
(i) an FIR to this effect has been lodged with the Police,
(ii) the missing person is not traceable, and
(iii) the competent authority feels that the case is genuine;
(b) This benefit will not be applicable to the case of a Government servant:-
(i) who had less than two years to retire on the date from which he has been missing; or
(ii) who is suspected to have committed fraud, or suspected to have
joined any terrorist organisation or suspected to have gone abroad.
(c) Compassionate appointment in the case of a missing Government
servant also would not be a matter of right as in the case of others and
it will be subject to fulfillment of all the conditions, including the
availability of vacancy, laid down for such appointment under the
scheme;
(d) While considering such a request, the results of the Police investigation should also be taken into account; and
(e) A decision on any such request for compassionate appointment should
be taken only at the level of the Secretary of the Ministry/Department
concerned.
12. PROCEDURE
(a) The proforma as in Annexure may be used by Ministries/Departments/
Offices for ascertaining necessary information and processing the cases
of compassionate appointment.
(b) The Welfare Officer in each Ministry/Department/Office should meet
the members of the family of the Government servant in question
immediately after his death to advise and assist them in getting
appointment on compassionate grounds. The applicant should be called in
person at the very first stage and advised in person about the
requirements and formalities to be completed by him.
(c) An application for appointment on compassionate grounds should be
considered in the light of the instructions issued from time to time by
the Department of Personnel and Training (Establishment Division) on the
subject by a committee of officers consisting of three officers – one
Chairman and two Members – of the rank of Deputy Secretary/ Director in
the Ministry/Department and officers of equivalent rank in the case of
attached and subordinate offices. The Welfare Officer may also be made
one of the Members/Chairman of the committee depending upon his rank.
The committee may meet during the second week of every month to consider
cases received during the previous month. The applicant may also be
granted personal hearing by the committee, if necessary, for better
appreciation of the facts of the case.
(d) Recommendation of the committee should be placed before the
competent authority for a decision. If the competent authority disagrees
with the committee’s recommendation, the case may be referred to the
next higher authority for a decision.
13. UNDERTAKING
A person appointed on compassionate grounds under the scheme should give
an undertaking in writing (as in Annexure) that he/she will maintain
properly the other family members who were dependent on the Government
servant/member of the Armed Forces in question and in case it is proved
subsequently (at any time) that the family members are being neglected
or are not being maintained properly by him/her, his/her appointment may
be terminated forthwith.
14. REQUEST FOR CHANGE IN POST/PERSON
When a person has been appointed on compassionate grounds to a
particular post, the set of circumstances, which led to such
appointment, should be deemed to have ceased to exist. Therefore, --
(a) he/she should strive in his/her career like his/her colleagues for
future advancement and any request for appointment to any higher post on
considerations of compassion should invariably be rejected.
(b) an appointment made on compassionate grounds cannot be transferred
to any other person and any request for the same on considerations of
compassion should invariably be rejected.
15. SENIORITY
(a) The inter-se seniority of persons appointed on compassionate grounds
may be fixed with reference to their date of appointment. Their
interpolation with the direct recruits/promotees may also be made with
reference to their dates of appointment without disturbing the inter-se
seniority of direct recruits/promotees.
(b) Date of joining by a person appointed on compassionate grounds shall be treated as the date of his/her regular appointment.
16. GENERAL
(a) Appointments made on grounds of compassion should be done in such a
way that persons appointed to the post do have the essential educational
and technical qualifications and experience required for the post
consistent with the requirement of maintenance of efficiency of
administration.
(b) It is not the intention to restrict employment of a family member of
the deceased or medically retired Group ‘D’ Government servant to a
Group ‘D’ post only. As such, a family member of such Group ‘D’
Government servant can be appointed to a Group ‘C’ post for which he/she
is educationally qualified, provided a vacancy in Group ‘C’ post exists
for this purpose.
(c) The Scheme of compassionate appointments was conceived as far back
as 1958. Since then a number of welfare measures have been introduced by
the Government which have made a significant difference in the
financial position of the families of the Government servants dying in
harness/retired on medical grounds. An application for compassionate
appointment should, however, not be rejected merely on the ground that
the family of the Government servant has received the benefits under the
various welfare schemes. While considering a request for appointment on
compassionate ground a balanced and objective assessment of the
financial condition of the family has to be made taking into account its
assets and liabilities (including the benefits received under the
various welfare schemes mentioned above) and all other relevant factors
such as the presence of an earning member, size of the family, ages of
the children and the essential needs of the family, etc.
(d) Compassionate appointment should not be denied or delayed merely on
the ground that there is reorganisation in the Ministry/Department/
Office. It should be made available to the person concerned if there is a
vacancy meant for compassionate appointment and he or she is found
eligible and suitable under the scheme.
(e) Requests for compassionate appointment consequent on death or
retirement on medical grounds of Group ‘D’ staff may be considered with
greater sympathy by applying relaxed standards depending on the facts
and circumstances of the case.
(f) Compassionate appointment will have precedence over absorption of
surplus employees and regularisation of daily wage/casual workers
with/without temporary status.
(g) Any request to increase the upper age-limit of 55 years for
retirement on medical grounds prescribed in para 2(A) (b) and (c) above
in respect of Group ‘A’/’B’/’C’ Government servants and to bring it at
par with the upper age-limit of 57 years prescribed therein for Group
‘D’ Government servants on the ground that the age of retirement has
recently (May, 1998) been raised from 58 years to 60 years for Group
‘A’/’B’/’C’ Government servants (which is at par with the age of
retirement of 60 years applicable to Group ‘D’ Government servants) or
on any other ground should invariably be rejected so as to ensure that
the benefit of compassionate appointment available under the scheme is
not misused by seeking retirement on medical grounds at the fag end of
one’s career and also keeping in view the fact that the higher upper
age-limit of 57 years has been prescribed therein for Group ‘D’
Government servants for the reason that they are low paid Government
servants who get meagre invalid pension in comparison to others.
17. IMPORTANT COURT JUDGEMENTS
The ruling contained in the following judgements may also be kept in view while considering cases of compassionate appointment:-
(a) The Supreme Court in its judgement dated April 8, 1993 in the case
of Auditor General of India and others vs. G. Ananta Rajeswara Rao
[(1994) 1 SCC 192] has held that appointment on grounds of descent
clearly violates Article 16(2) of the Constitution; but if the
appointment is confined to the son or daughter or widow of the
Government servant who died in harness and who needs immediate
appointment on grounds of immediate need of assistance in the event of
there being no other earning member in the family to supplement the loss
of income from the bread winner to relieve the economic distress of the
members of the family, it is unexceptionable.
(b) The Supreme Court’s judgement dated May 4, 1994 in the case of Umesh
Kumar Nagpal vs. State of Haryana and others [JT 1994(3) S.C. 525] has
laid down the following important principles in this regard:
(i) Only dependents of an employee dying in harness leaving his family
in penury and without any means of livelihood can be appointed on
compassionate ground.
(ii) The posts in Group ‘C’ and ‘D’ (formerly Class III and IV) are the
lowest posts in non-manual and manual categories and hence they alone
can be offered on compassionate grounds and no other post i.e. in the
Group ‘A’ or Group ‘B’ category is expected or required to be given for
this purpose as it is legally impermissible.
(iii) The whole object of granting compassionate appointment is to
enable the family to tide over the sudden crisis and to relieve the
family of the deceased from financial destitution and to help it get
over the emergency.
(iv) Offering compassionate appointment as a matter of course
irrespective of the financial condition of the family of the deceased or
medically retired Government servant is legally impermissible.
(v) Neither the qualifications of the applicant (dependent family
member) nor the post held by the deceased or medically retired
Government servant is relevant. If the applicant finds it below his
dignity to accept the post offered, he is free not to do so. The post is
not offered to cater to his status but to see the family through the
economic calamity.
(vi) Compassionate appointment cannot be granted after lapse of a
reasonable period and it is not a vested right which can be exercised at
any time in future.
(vii) Compassionate appointment cannot be offered by an individual functionary on an ad-hoc basis.
(c) The Supreme Court has held in its judgement dated February 28, 1995
in the case of the Life Insurance Corporation of India vs. Mrs Asha
Ramchandra Ambekar and others [JT 1994(2) S.C. 183] that the High Courts
and Administrative Tribunals can not give direction for appointment of a
person on compassionate grounds but can merely direct consideration of
the claim for such an appointment.
(d) The Supreme Court has ruled in the cases of Himachal Road Transport
Corporation vs. Dinesh Kumar [JT 1996 (5) S.C. 319] on May 7, 1996 and
Hindustan Aeronautics Limited vs. Smt A. Radhika Thirumalai [JT 1996 (9)
S.C. 197] on October 9, 1996 that appointment on compassionate grounds
can be made only if a vacancy is available for that purpose.
(e) The Supreme Court has held in its judgement in the case of State of
Haryana and others vs. Rani Devi and others [JT 1996(6) S.C. 646] on
July 15, 1996 that if the scheme regarding appointment on compassionate
ground is extended to all sorts of casual, ad-hoc employees including
those who are working as Apprentices, then such scheme cannot be
justified on Constitutional grounds.
[Sourcce : Dopt order No.14014/6/94-Estt(D) dated on 09/10/1998 - Scheme for Compassionate Appointment]
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