Review of compassionate appointment cases regarding: Clarification by Ministry of Defence
The undersigned is directed to invite attention to this Ministry’s OM No.19(3)/2013/D(Lab) dated 18.11.2014 vide which all administrative/authorities were requested to strictly comply the instructions contained in Para 8 of DoP&T OM No. 14014/02/2012-Estt(D) dated 16.1.2013 regarding withdrawal of three years time limit and Sl.No. 38-43 of FAQ issued vide DoP&T OM No. 14014/02/2012-Estt(D) dated 30.5.2013.
2. An issue has been raised by Bhartiya Pratiraksha Mazdoor Sangh (BPMS) informing that the Line Directorates/Units of Army HQrs are not considering the compassionate appointment cases in true spirit of the guidelines issued by DoP&T and the requests for compassionate appointment are being rejected on the plea that as per policy once three consecutive chances had been considered, the Case is considered to be closed and cannot be opened.
3. As per the new guidelines on compassionate appointment, any application for compassionate appointment is to be considered without any time limit and decision taken on merit in each case.
4. Regarding re-opening of old cases which were closed on completion of three years time limit as per the earlier policy of DoP&T, it may be noted that the DoP&T vide their OM dated 30.5.2013 have clarified that the closed cases can be reopened provided tat the cases were closed due to non-availability of vacancies during the 3 year time period. However these cases may be considered as per the criteria mentiOned in Sl.No. 32 & 39 of FAQ dated 30.5.2013. Such cases should not be opened merely because the time limit has been waived off. In this regard DoP&T have further clarified that the cases which have been closed for not being found suitable under the criteria for compassionate appointments, need not to be opened irrespective of thewaiver of time limit.
5. In view of the above, all the Service HQrs/lower formations are requested to follow the DoP&T’s above guidelines in letter and spirit. They may not reject any application for compassionate appointment simply on the ground that it had already been considered thrice unless it was rejected due to lack of merit/not found suitable under the criteria for compassionate appointments. If the compassionate appointment could not be granted due to non-availability of vacancies at that time, any fresh application, received now should be re-considered after adjudging his penurious condition on the basis of the family’s latest financial/economic condition, number of dependents of the family as on date, latest marital status of dependents etc in the light of the existing guidelines of DoP&T on the subject.
No. 19(4)/2015/D(Lab)
Government of India
Ministry of Defence
Government of India
Ministry of Defence
New Delhi, the 30.4.2015.
OFFICE MEMORANDUM
Subject: Review of compassionate appointment cases regarding.The undersigned is directed to invite attention to this Ministry’s OM No.19(3)/2013/D(Lab) dated 18.11.2014 vide which all administrative/authorities were requested to strictly comply the instructions contained in Para 8 of DoP&T OM No. 14014/02/2012-Estt(D) dated 16.1.2013 regarding withdrawal of three years time limit and Sl.No. 38-43 of FAQ issued vide DoP&T OM No. 14014/02/2012-Estt(D) dated 30.5.2013.
2. An issue has been raised by Bhartiya Pratiraksha Mazdoor Sangh (BPMS) informing that the Line Directorates/Units of Army HQrs are not considering the compassionate appointment cases in true spirit of the guidelines issued by DoP&T and the requests for compassionate appointment are being rejected on the plea that as per policy once three consecutive chances had been considered, the Case is considered to be closed and cannot be opened.
3. As per the new guidelines on compassionate appointment, any application for compassionate appointment is to be considered without any time limit and decision taken on merit in each case.
4. Regarding re-opening of old cases which were closed on completion of three years time limit as per the earlier policy of DoP&T, it may be noted that the DoP&T vide their OM dated 30.5.2013 have clarified that the closed cases can be reopened provided tat the cases were closed due to non-availability of vacancies during the 3 year time period. However these cases may be considered as per the criteria mentiOned in Sl.No. 32 & 39 of FAQ dated 30.5.2013. Such cases should not be opened merely because the time limit has been waived off. In this regard DoP&T have further clarified that the cases which have been closed for not being found suitable under the criteria for compassionate appointments, need not to be opened irrespective of thewaiver of time limit.
5. In view of the above, all the Service HQrs/lower formations are requested to follow the DoP&T’s above guidelines in letter and spirit. They may not reject any application for compassionate appointment simply on the ground that it had already been considered thrice unless it was rejected due to lack of merit/not found suitable under the criteria for compassionate appointments. If the compassionate appointment could not be granted due to non-availability of vacancies at that time, any fresh application, received now should be re-considered after adjudging his penurious condition on the basis of the family’s latest financial/economic condition, number of dependents of the family as on date, latest marital status of dependents etc in the light of the existing guidelines of DoP&T on the subject.
sd/-
(Biswajit Guha)
Under Secretary(Lab)
Source: http://bpms.org.in/documents/compassionate-appointment-weq5.pdf(Biswajit Guha)
Under Secretary(Lab)
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