F.No.14014/02/2012--Estt.
(D)
Government of India
Ministry of Personnel,
Public Grievances and Pensions
(Department of Personnel & Training)
North Block,
New Delhi
Dated the 16th January, 2013
OFFICE MEMORANDUM
Subject:- Consolidated
Instructions on compassionate appointment -regarding.
The undersigned is
directed to invite attention to this Department's O.M. No.14014/6/94-Estt(D)
dated 09.10.1998 vide which Scheme for "Compassionate Appointment under Central Government" was issued. Subsequently a number of instructions
on compassionate appointments under the Central Government have been issued.
The content of important/relevant O.Ms and orders on the subject have been further
consolidated for the facility of reference and guidance and are being made available
on this Department's website www.persmin.nic.in in the dynamic form (OMs & Orders>Establishment>(A)
Administration (III) Concessions in appointment (a) compassionate appointment).
This may be brought to the notice of all concerned
for information, guidance
and necessary action.
2. Hindi version will
follow.
(Virender
Slngh)
Under Secretary to the Government of India
Tel. No. 2309 3804
To,
All Ministries/Departments of Government of India
Copy to:
1. President's Secretariat, New Delhi
2. Vice-President's Secretariat, New Delhi
3. The Prime Minister's Office, New Delhi
4. Cabinet Secretariat, New Delhi
5. Rajya Sabha Secretariat/Lok Sabha Secretariat, New Delhi
6. The Registrar General, the Supreme Court oflndia, New Delhi.
7. The Registrar, Central Administrative Tribunal, Principal
Bench, New Delhi.
8.
The Comptroller and Auditor General of India, New Delhi
9.
The Secretary, Union Public Service Commission, New Delhi
10.
The Secretary, Staff Selection Commission, New Delhi
11.
All attached offices under the Ministry of Personnel, Public Grievances and
Pensions
12.
National Commission for Scheduled Castes, New Delhi
13.
National Commission for Scheduled Tribes, New Delhi
14.
National Commission for OBCs, New Delhi
15.
Secretary, National Council (JCM), 13, Ferozeshah Road, New Delhi.
16.
Establishment Officer & A.S.
17.
All Officers and Sections in the Department of Personnel and Training.
18.
Facilitation Centre, DOP&T (20 copies)
19.
NIC (DOP&T) for placing this Office Memorandum on the Website of DOP&T.
20.
Establishment Section (200 copies).
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 erstwhile 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
erstwhile 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 reemployment 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 in-charge 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’ 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) In exceptional circumstances Government may
consider recruiting persons not immediately meeting the minimum educational
standards. Government may engage them as trainees who will be given the regular
pay bands and grade pay only on acquiring the minimum qualification prescribed
under the recruitment rules. The emoluments of these trainees, during the
period of their training and before they are absorbed in the Government as
employees, will be governed by the minimum of the – 1S pay band Rs.4440-7440
without any grade pay. In addition, they will be granted all applicable
Allowance, like Dearness Allowances, House Rent Allowance and Transport
Allowance at the admissible rates. The same shall be calculated on the minimum-
IS pay band without any grade pay. The period spent in the-1S pay band by the
future recruits will not be counted as service for any purpose as their regular
service will start only after they are placed in the pay band PB-1 of
Rs.5200-20200 along with grade pay of Rs.1800. (Para 1 of O.M.
No.14014/2/2009-Estt.(D) Dated the 11th December, 2009)
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)
In
case of appointment of a widow not fulfilling the requirement of educational
qualification, against the post of MULTI TASKING STAFF, she will be placed in
Group 'C'- Pay Band - 1 (Rs. 5200-20200)+ Grade Pay Rs. 1800/- directly without
insisting on fulfilment of educational qualification
norms, provided the appointing authority is satisfied that the duties of the
post against which she is being
appointed can be performed with help of some on job training. This dispensation
is to be allowed for appointment on compassionate ground against the post of
MULTI TASKING STAFF only. (Para 2 of O.M. No.14014/2/2009-Estt. (D) Dated
03.04.2012)
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’ 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)
The Committee constituted for considering a
request for appointment on compassionate grounds should limit its
recommendation to appointment on compassionate grounds only in a really
deserving case and only if vacancy meant for appointment on compassionate grounds
will be available within a year in the concerned administrative Ministry/department/Office,
that too within the ceiling of 5% of vacancies falling under DR quota in Group
‘C’ posts. (O.M.No.14014/18/2000-Estt.(D) dated 22.06.2001)
(f)
Calculation
of vacancies by grouping of posts for small offices/cadres - Grouping of posts
in small Offices/Cadres for the purpose of calculation of vacancies for
appointment on compassionate grounds is allowed. Consequently, Group ‘C’ posts
in which there are less than 20 direct recruitment vacancies in a recruitment
year may be grouped together and out of the total number of vacancies 5% may be
filled on compassionate grounds subject to the condition that appointment on compassionate
grounds in any such post should not exceed one. For the purpose of calculation
of vacancies for compassionate appointment, fraction of a vacancy either half
or exceeding half but less than one may be taken as one vacancy. Para 2 and
3 of O.M. No. 14014/24/1999-Estt.(D)
dated 28.12.1999)
(g)
Liberalized
method of calculation of vacancies for small Ministries/Departments - The small
Ministries/Departments may apply a more liberalized method of calculation of
vacancies under 5% quota for compassionate appointment. The small Ministries/Departments,
for the purpose of these instructions, are defined as organizations where no
vacancy for compassionate appointment could be located under 5% quota for the
last 3 years. Such small Ministries/Departments may add up the total of DR vacancies
in Group ‘C’ and erstwhile Group ‘D’ posts (excluding technical posts) arising
in each year for 3 or more preceding years and calculate 5% of vacancies with
reference to the grand total of vacancies of such years, for locating one
vacancy for compassionate appointment. This is subject to the condition that no
compassionate appointment was/has been made by the Ministries/Departments
during 3 years or number of years taken over and above 3 years for locating one
vacancy under 5% quota.(Para 4 of O.M. No. 14014/3/2005- Estt.(D) dated
09.10.2006
(h)The compassionate appointment can also be made
against technical ‘posts’ at Group ‘C’ and erstwhile Group ‘D’ level. The 5%
quota of vacancies will be calculated on the basis of total DR vacancies
arising in a year in the technical posts. (Para 2 of O.M. No. 14014/3/2005- Estt(D)
dated 19.01.2007.
8. TIME LIMIT FOR CONSIDERING APPLICATIONS FOR COMPASSIONATE
APPOINTMENT:
Prescribing time limit
for considering applications for compassionate appointment has been reviewed
vide this Department O.M No.14014/3/2011- Estt.(D) dated 26.07.2012. Subject to
availability of a vacancy and instructions on the subject issued by this
Department and as amended from time to time, any application for compassionate
appointment is to be considered without any time limit and decision taken on
merit in each case
9. 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.
(c)
The
onus of examining the penurious condition of the dependent family will rest
with the authority making compassionate appointment (Para 4 of O.M
No.14014/3/2011-Estt.(D) dated 26.07.2012
10. WIDOW APPOINTED ON COMPASSIONATE
GROUNDS GETTING REMARRIED
A widow appointed on compassionate grounds will be allowed to
continue in service even after re-marriage.
11. 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.
12. 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.
13. 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.
14. UNDERTAKING FOR MAINTENANCE
OF THE FAMILY OF THE DECEASED
EMPLOYEE
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. The question of its legal enforceability
has been examined in consultation with the Ministry of Law (Department of Legal
Affairs) and it has been decided that it should be incorporated as one of the
additional conditions in the offer of appointment applicable only in the case
of appointment on compassionate grounds (O.M No.14014/16/1999-Estt.(D) dated
20.12.1999).
15. 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.
16. SENIORITY
A person appointed on compassionate ground in a particular year
may be placed at the bottom of all the candidates recruited/appointed through
direct recruitment, promotion etc. in that year, irrespective of the date of
joining of the candidate on compassionate ground. (Para 4.8 of O.M. No. No.20011/1/2008-Estt.(D)
dated 11.11.2010)
17. TERMINATION OF SERVICE
The compassionate appointments
can be terminated on the ground of noncompliance of any condition stated in the
offer of appointment after providing an opportunity to the compassionate
appointee by way of issue of show cause notice asking him/her to explain why
his/her services should not be terminated for non-compliance of the
condition(s) in the offer of appointment and it is not necessary to follow the
procedure prescribed in the Disciplinary Rules/Temporary Service Rules for his
purpose. In order to check its misuse, it has also been decided that this power
of termination of services for non-compliance of the condition(s) in the offer
of compassionate appointment should vest only with the Secretary in the concerned
administrative Ministry/Department not only in respect of persons working in
the Ministry/Department proper but also in respect of Attached/Sub-ordinate
offices under that Ministry/Department.(O.M. No.
14014/19/2000-Estt(D)
dated 24.11. 2000).
18. 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 (erstwhile) Group ‘D’
Government servant to a erstwhile Group ‘D’ post only. As such, a family member
of such erstwhile 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 erstwhile 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 erstwhile 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
erstwhile 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 erstwhile Group ‘D’ Government servants for the reason that they are low
paid Government servants who get meagre invalid pension in comparison to
others.
19. 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 cannot 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.
(f)
The Hon'ble Supreme Court in its judgment
dated 05.04.2011 in Civil Appeal No. 2206 of 2006 filed by Local Administration
Department vs. M. Selvanayagam @ Kumaravelu has observed that "an
appointment made many years after the death of the employee or without due
consideration of the financial resources available to his/her dependents and
the financial deprivation caused to the dependents as a result of his death,
simply because the claimant happened to be one of the dependents of the
deceased employee would be directly in conflict with Articles 14 & 16 of
the Constitution and hence, quite bad and illegal. In dealing with cases of compassionate
appointment, it is imperative to keep this vital aspect in mind". (O.M.
No. 14014/3/2011-Estt.(D) dated 26.07.2012).
************
ANNEXURE
PROFORMA REGARDING EMPLOYMENT OF DEPENDENTS OF GOVERNMENT SERVANTS
DYING WHILE IN SERVICE/RETIRED ON INVALID PENSION
PART- A
I. (a) Name of the Government servant
(Deceased/retired on medical grounds)._____________________________
(b) Designation of the Government
Servant. ____________________________________________________
(c) Whether it is MTS ( erstwhile
Group ‘D’) or not? _______________________________________________
(d) Date of birth of the Government ____________________________________
Servant.
(e) Date of death/retirement on ________________________________________
medical grounds.
(f) Total length of Service _____________________________________________
rendered.
(g) Whether permanent or temporary. ____________________________________
(h) Whether belonging to SC/ST/OBC. ____________________________________
II. (a) Name of the candidate for _______________________________________
appointment.
(b) His/Her relationship with the ________________________________________
Government servant.
(c) Date of birth. ____________________________________________________
(d) Educational Qualifications. __________________________________________
(e) Whether any other dependent family __________________________________
member has been
appointed on compassionate grounds.
III. Particulars of total assets left
_______________________________________
including amount of
(a) Family Pension ___________________________________________________
(b) D.C.R. Gratuity _________________________________________________
(c) G.P.F. Balance ___________________________________________________
(d) Life Insurance Policies
(including Postal Life Insurance) ________________________________________
(e) Moveable and Immovable
properties and annual income __________________________________________
earned there from by the family.
(f) C.G.E. Insurance amount _____________________________________
(g) Encashment of leave _________________________________________
(h) Any other assets. _______________________________________________
Total ____________________________
(IV). Brief particular of liabilities
___________________________
V. Particulars of all dependent family Members of the Government
servant
(if some are employed, their income and whether they are living
together Or separately).
___________________________________________________________________
S.No. Name(s) Relationship Age
Address Employed or not
with Govt. Servant
if employed particulars of employment
and emoluments)
________________________________________________________________
(1) (2) (3)
(4) (5) (6)
__________________________________________________________________
1.
2.
3.
4.
5.
VI. DECLARATION/UNDERTAKING
1. I hereby declare that
the facts given by me above are, to the best of my knowledge, correct. If any
of the facts herein mentioned are found to be incorrect or false at a future
date, my services may be terminated.
2. I hereby also declare
that I shall maintain properly the other family members who were dependent on
the Government servant/member of the Armed Forces mentioned against 1(a) of
Part-A of this form and in case it is proved at any time that the said family
members are being neglected or not being properly maintained by me, my
appointment may be terminated.
Date:
Signature of the
candidate
Name:- ________________
Address:-_______________
Shri/Smt/Kum_________________________________________________is
known to and the facts mentioned by him/her are correct.
Date:
Signature of permanent
Government servant.
Name:______________________
Address:-____________________
______________________
I have verified that the facts mentioned above
by the candidate are correct.
Date:
Signature of permanent
Government servant.
Name:______________________
Address:-____________________
______________________
PART-B
(TO BE FILLED IN BY
OFFICE IN WHICH EMPLOYMENT IS PROPOSED)
I. (a) Name of the candidate for
Appointment.
____________________________
(b) His/Her relationship with the
Government servant.
____________________________
(c) Age (date of birth), educational
qualifications and
experience, ___________________________
If any.
____________________________
(d) Post (Group C) which employment is
Proposed
____________________________
(e) Whether there is vacancy in
that post within the
ceiling of
5% prescribed under the
scheme ____________________________
of compassionate
appointment.
(f) Whether the post to be filled is
included in the
Central Secretariat ___________________________
Clerical Service or
not.
(g) Whether the relevant
Recruitment Rules
provide for ___________________________
direct recruitment.
(h) Whether the candidate fulfils
the requirements of
the ___________________________
Recruitment Rules
for the post.
(i) Apart from waiver of Employment
Exchange/Staff
Selection ___________________________
Commission procedure
what other
relaxation are to be
given.
(II) Whether the facts mentioned in ____________________________
Part-A have been verified by the
office and if so, indicate the records.
(III) If the Government servant died/ ____________________________
retired on medical grounds more
than 5 years back, why the case was
not sponsored earlier.
(IV) Personal recommendation of the Head
_____________________________
of the Department in the Ministry/
Department/Office.
(With his signature and office Stamp/seal)
