Compassionate appointment to ensure transparency in selection process
F.No.A.12012/8/ 2020- Ad.III.B Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes & Customs
Gr. Floor, Hudco Vishal Building, Bhikaji Cama Place, RK Puram, New Delhi-66, Dated: 18.11.2020
To
(i) DGHRD, (HRM-II) , Customs & Central Excise, 507, Deep Shikha, Rajendra Place, New Delhi- 110 008
(ii) The All Cadre Controlling Authorities Under Central Board of Indirect Tax & Customs
Subject: Clarification for selecting of applicants who secured equal weightage points on the 100 points scale in merit – reg.
Sir/ Madam,
Please refer to Board’s letter F.No.A.12012 / 52/ 2018-Ad.III B dated
15th May, 2019 wherein a standard operating procedure based on a
100-point scale was circulated for compassionate appointment to ensure
transparency and maintain uniformity and to avoid litigation in the
selection process.
2. It has been reported to the Board by one CCA that while applying
100 points scale parameters, as mentioned in SOP, some candidates have
equal marks in merit and Cadre Controlling Authority is unable to decide
the merit of such candidates in case of tie of marks secured by some
candidates. The matter has been deliberated in the Board to resolve such
situation.
3. After examination the issue in detail, it is felt that the tie breaking factor can be per dependant available income e.
total of first three financial parameters prescribed in SoP
(Pension-annualised, total terminal benefits and annual income of
earning members and income from property) divided by total number of
dependants (spouse, parents, unmarried daughters, minor children,
unmarried major son below 25 years and dependant major sons who are
physically/ mentally challenged). The lesser the per dependant availableincome, the higher the rank amongst the applicants whose scores hada tie.
4. In case of tie even after applying the factor of per dependant availableincome, then
the left-over service of Government Servant can be conside This is
suggested as it is felt that longer the left-over service of the
deceased, the more is the impact on the family. Applicants related to
Government servant with higher left-over service would be considered
over the one with lesser left-over service. In case of tie even then,
the next factor can be age of the applicant, with elder applicants given
preference .
5. The tie breaking factor(s) in the order indicated above, should be
used only to decide relative merit of the applicants scoring same
points on 100- point scale and only if the applicants scoring same
points cannot be accommodated against available All the above details
are already included in the SOP and hence would be readily available
with CCAs in case of a tie.
6. It is requested to offer your comments/ suggestions, if any, on
the proposed formula to resolve the Tie cases not later than 26th Nov,
2020.
Yours faithfully,
Sd/- (MohammadAshit) Under Secretary to the Govt. of India 011-26 162780
Copy to: The Director General System & Data Management, New Delhi
Appointment on
Relative Merit Points and procedure for compassionate appointments in the Department of Posts
Central Government Employees News
No.17-4/2018-SPG.II Government of India Ministry of Communications Department of Posts
Dak Bhavan, Parliament Street New Delhi-110001 Dated the 28th Sep 2020
To
1. All Chief Postmasters General / Postmasters General 2. Chief General Manager, BD Directorate / Parcel Directorate / PLI Directorate 3. Director, RAKNPA / GM, CEPT / Directors of all PTCs 4. Addl. Director General, Army Postal Service, New Delhi 5. All General Managers (Finance) / Directors Postal Accounts /DDAP
Sub: Scheme for compassionate appointment – Relative Merit Points and Procedure for selection.
Madam / Sir,
I am directed to refer to Department of Posts letter No.37-36/2004-
SPB-1/C dated 20.1.2010 on the above subject providing for Relative
Merit Points and procedure for compassionate appointments
in the Department of Posts. The matter has been reviewed keeping in
view the instructions issued by Department of Personnel and Training,
the changes in various factors for calculating Relative Merit Points and
the changes in financial status of the family of the deceased employees
consequent upon increase in the terminal benefits.
2. The Relative Merit Points (RMP) for assigning weightage to various
attributes of the applicants for compassionate appointment have been
reviewed. The revised RMP is based on 100 points of 10 variables with
provision of additional 15 maximum bonus points for the applicant if she
is the widow of the deceased employee/wife of an employee who has
retired on medical grounds. The revised RMP to be applied are as laid
down in Annexure 1.
3. Periodicity of CRC meeting: In respect of all applications for
compassionate appointments received from January to December of a
calendar year, the CRC meeting will be held by all circles once in a
year, between January to March of the next calendar year.
4. Cut-Off Date: Date of death or date of retirement on medical
grounds will be considered as cut off date for the purpose of assessing
the indigent condition of the applicant under RMPS for compassionate
appointment.
5. Circle specific vacancy: The vacancies to be utilised by a Circle
for compassionate appointment in a year should not be more than 5% of
the vacancies in Direct Recruitment Quota in Group C Posts in a year.
6. Place of Posting: As far as administratively feasible, applicant
appointed on compassionate grounds will be posted at a place as per
preference indicated or near his /her home town or in same division in
which the applicant is residing, subject to availability of vacancies.
8. Date of effect of these guidelines: These revised guidelines will
come into effect from 1st October 2020. Cases recommended by previous
CRC to be considered by subsequent CRC will be considered based on these
revised point system. All cases closed so far will not be reopened.
9, Instructions issued by DoPT from time to time related to
compassionate appointment will continue to be guiding factor while
deciding the cases.
10. This issues with the approval of Secretary (Posts).
New Relative Merit Point System (RMPS) for consideration of cases for Compassionate appointments
100 Point Criterion with 10 variables
(i) Basic family pension/ pension/ monthly amount received under NPS (Max 20 Points)
SN
Slabs
Points
01
Up to 9000/-
20
02
9001/- to 12000/-
18
03
12001/- to 15000/-
16
04
15001/- to 18000/-
14
05
18001/- to 21000
12
06
21001/- to 24000/-
10
07
24001/- to 27000/-
08
08
27001/- to 30000/-
06
09
30001/- to 33000/-
04
10
33001/- to 36000/-
02
11
Above 36000/-
00
Note: To be verified from service records and certified by the Divisional/ Regional/ Circle Authorities.
(ii) Lump sum amount received by the family on death/
retirement on medical grounds of the Government servant (DCRG, CGEGIS,
GPF/Lump sum amount received under NPS & Leave Encashment) – (Max 10
Points)
SN
Slabs
Points
01
Up to 300000/-
10
02
300001/- to 400000/-
09
03
400001/- to 500000/-
08
04
500001/- to 600000/-
07
05
600001/- to 700000/-
06
06
700001/- to 800000/-
05
07
800001/- to 900000/-
04
08
900001 to 1000000
03
09
1000001/- to 1100000/-
02
10
1100001/- to 1200000/-
01
11
Above 1200000/-
00
Note: To be verified from service records and certified by the Divisional/ Regional/ Circle Authorities.
(iii) Monthly income of earning member of family and income from property (Max 05 Points)
SN
Slabs
Points
01
No income
05
02
7500/- or less
04
03
7501/- to 10500/-
03
04
10501/- to 13500/-
02
05
13501/- to 16500/-
01
06
16501/- and above
00
Note: To be verified from the documents (like, bank
statement, ITR, certificate from Revenue Authorities) and affidavit
produced by the applicant and verified by the Divisional/ Regional/
Circle Authorities.
(iv) Immovable/ Movable Property including fixed deposit/
bank deposits /investments etc but excluding the Lump sum amount as
mentioned in (ii) above – (Max 05 Points)
SN
Slabs
Points
01
Nil/-
05
02
Up to 500000/-
04
03
500001/- to 1000000/-
03
04
1000001/- to 2000000/-
02
05
2000001/- to 3000000/-
01
06
Above 3000000/-
00
Note: To be verified from the documents/ affidavit/
certificate from Revenue/ Municipal Authorities/ concerned departments
etc produced bythe applicant and verified by the Divisional/ Regional/ Circle Authorities.
(v) No. of dependents (Max 08 Points)
SN
No. of Dependents
Points
01
2 and above
08
02
01
04
03
00
00
Note: To be verified from service records and certified by the Divisional/ Regional/ Circle Authorities .
(vi) No. of Unmarried Daughters (Max 08 Points)
SN
No. of unmarried daughters
Point
01
2 and above
08
02
01
04
03
00
00
Note: To be verified from the
documents/affidavit/certificate issued by Revenue/ Municipal Authorities
produced by the applicant and verified by the Divisional/ Regional/
Circle Authorities.
(vii) No. of Minor Children (Max 08 Points)
SN
No. of minor children
Point
01
2 and above
08
02
01
04
03
00
00
Note: To be verified from service records and certified by the Divisional/ Regional/ Circle Authorities.
(viii) Left over Service (Max 14 Points)
SN
Left over service
Points
01
Over 25 Years
14
02
Over 20 years & up to 25 Years
12
03
Over 15 years & up to 20 years
10
04
Over 10 years & up to 15 years
08
05
Over 05 years & up to 10 years
06
06
over 02 years & up to 05 years
04
07
Less than 02 years
02
Note: To be verified from service records and certified by the Divisional/ Regional/ Circle Authorities.
(ix) Points for immediate relief (Max 12 Points)
SN
Age of cases
Points
01
less than 03 years old
12
02
03 years to less than 06 years
08
03
06 years to less than 09 years
06
04
09 years to less than 12 years
04
05
12 years to less than 15 years
02
06
15 years and above
00
Note: To be verified from service records and
certified by the Divisional/ Regional/ Circle Authorities. Age of the
case will be worked out from the date of death of employee/ retirement
on medical grounds. In case a minor applies for compassionate
appointment after becoming major, the period of the case will be counted
from the date on which he became a major.
f the dependent family member (other than the applicant) of the deceased’s PWD
06
03
If
the dependent family member of the deceased is suffering from AIDS,
Cancer, Kidney failure, heart attack, liver cirrhosis, Organ
transplantation of liver/ heart/ kidney , Alzheimer
03
Note: The disability as defined by DoP&T for
reservation for persons with D1sabilites from time to time for
appointment in Central Government will be ensured. Related certificates
to be obtained accordingly.
(B) Bonus Points
Bonus Points to Widow/Wife: In addition to the
points allotted under RMP, 15 Bonus points will be allotted to applicant
if she is the widow of the deceased employee/ wife of an employee who
has retired on medical grounds.
A compassionate appointment will fill 5 percent of the direct recruitment vacancies in Group ‘ C ‘ post in a
year
A person chosen on compassionate grounds for appointment is to be
balanced against the correct category in the reservation roster, viz. A
SC / ST / OBC / General nominee will hold the position assigned to the
respective group in the roster.
Ministry of Personnel, Public Grievances & Pensions Reservation in Appointment on
Compassionate Ground
12 MAR 2020
As per extant instructions, upto a maximum of 5% of direct
recruitment vacancies arising in a year in Group ‘C’ posts can be filled
up by compassionate appointment. There is no fixed quota of posts to be
filled up annually on compassionate grounds,
as compassionate appointments are to be made by the administrative
Ministries / Departments as per the general policy guidelines laid by
the Department of Personnel and Training subject to availability of
vacancies, number of applicants seeking compassionate appointment etc.
A person selected for appointment on compassionate grounds is to be adjusted in the reservation
roster against the appropriate category, viz. a candidate belonging to
SC/ ST/ OBC/ General category would occupy the position allocated to the
respective category, in the roster.
This information was provided by the Union Minister of State
(Independent Charge) Development of North-Eastern Region (DoNER), MoS
PMO, Personnel, Public Grievances & Pensions, Atomic Energy and
Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha
today.
DoPT - Voluntary disclosure of information relating to
compassionate appointment by the concerned Ministries/ Departments on
their
website
No.41011/16/2019-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 20th May, 2019
OFFICE MEMORANDUM
Subject: Voluntary disclosure of information relating to compassionate appointment by the concerned Ministries! Departments on their
website- regarding.
The undersigned is directed to
refer to Hon'ble Central Information Commission's (CIC) decision dated
25.03.2019 (No. CIC/ PMOIN/A/
2017/172750/MH&FW-BJ (copy enclosed) according to which information
relating to compassionate appointments have to be disclosed suo
motu by the concerned Public Authorities on their website. Hon'ble CIC's
decision interalia states as under:-
"Keeping in view the facts
of the case and the submissions made by the Respondents present at the
hearing, the Commission directs DoP&T
to issue instructions/ guidelines to all the Ministries and Departments
to exercise due diligence in notifying the compliance of the
guidelines of DoP&T in respect of compassionate appointments made by
all the concerned organizations/ departments covered by its
circular.."
All Ministries/ Departments of the Govt. of
India are requested to take necessary action for compliance of the
directions of CIC.
(Pradeep Kumar)
Under Secretary to the Government of India
Tel. No. 23040339
End: As above
To All Ministries/Departments of the Govt of India.
Date of Hearing : 25.03.2019 Date of Decision : 25.03.2019
ORDER
FACTS:
The
Appellant vide his RTI application sought information on 07 points
regarding number of matters relating to compassionate appointment
which were in a waiting list of all the Ministries and autonomous
institutions under the Government of India since the last 10 years in
accordance with the rules relating to 5% reservation for such
appointment; list of A, B, C & D posts remaining vacant in all
Ministries
and autonomous institutions in the Government of India in the current
Financial Year, etc.
The CPIO, PMO, South Block, New
Delhi, vide its letter dated 21.04.2017 transferred the RTI application
to the Secretary, DoP&T, New
Delhi under Section 6(3) of the RTI Act, 2005 for further necessary
action. Subsequently, the Section Officer, Department of Health &
FW, RTI Cell, vide its letter dated 11.0.2017 transferred the RTI
application to the CPIOs unndr Ministry of Health & PW with the
direction to forward/transfer the application to the concerned CPIO, if
not pertained to their Division. Subsequently, the CPIO & US to
the Govt. of India, Department of Health Research, vide its letter dated
07 06 2017 provided a response pertaining to their Department
Dissatisfied due to non-receipt of any response from the concerned
departments after several transfers of his application, the Appellant
approached the FAA. The Order of the FAA, if any, is not on the record
of the Commission.
DECISION:
Keeping
in view the facts of the case and the submissions made by the
Respondents present at the hearing, the Commission directs DoPT to
issue instructions / guidelines to all the Ministries and Department to
exercise due diligence in notifying the compliance of the
guidelines of DoPT in respect of compassionate appointments made by all
the concerned organizations / departments covered by its circular.
Such information should be displayed on the website of each of the
institutions governed by DoP&T for the benefit of employees and
public at large. The compliance of the directives of the Commission
should be done within a period of 30 days from the date of receipt of
this order.
The Appeal stands disposed with the above direction.
Demands include in election manifestos to Recognized political parties taking part in the 17th Lok Sabha general election
Bharatiya Pratiraksha Mazdoor Singh
(An All India Federation of Defence Workers)
(An Industrial Unit of B.M.S.)
REF: BPMS/ Cir/ 18th TC/ 5
Dated: 12.03.2019
To,
The Office Bearers & CEC Members
Bharatiya Pratiraksha Mazdoor Sangh
&
The General Secretaries/ Presidents
Unions affiliated to this federation
Subject: Recognised Political Parties Participating in 17th Lok Sabha General Election: Request to include demands in Election Manifestos.
Dear Brothers & Sisters,
Sadar Namaskar
It is for your kind information that this federation along with two other recognized federations has decided to submit to all Recognised Political Parities, National/ State Level the demands/ issues of Defence Civilian Employees for inclusion in their manifestos of 17th Lok Sabha General Election.
The issues are as under
1. Self Reliance in Defence Preparedness through State Owned Defence Industries viz Ordnance Factories, DRDO, Army Workshops, Ordnance Depots, Supply Depots, DGQA etc.
As you are well aware with the issue, State Owned Defence Industries are facing serious challenges/ threats these days. It is prime responsibility of Govt to safeguard the existence of these industries in interest of the Nation and take steps so that it may flourish and provide job opportunities to citizen of India. But of late Govt made various decisions regarding these establishments led to total destruction of these industries.
Burning Issues/ Challenges of Industries
Categorization of more than 275 products being manufactured in the Ordnance Factories as “Non-Core”.
Transfer of technology developed by DRDO to Private Sectors depriving
Ordnance Factories & DPSUs.
Large scale outsourcing of work of more than 1.5 lakh Civilian Posts depriving Young generation with Permanent Job.
Induction of 100% FDI in Defence Sector.
Privatization of Defence Industries by adopting various models like GOCO etc.
Denial of Job to trained Trade Apprentices.
Closure of various defence establishments like Ordnance Depots, Military Farms, Army Postal Establishments etc.
Inclusion of Third Party Inspection at the cost of DGQA/ DGAQA etc.
Our Proposal that is to be included:
"To achieve self reliance in defence expand, develop and strengthen the state owned Defence Industry and to ensure full capacity utilization of these Industries."
2. National Pension System
Govt introduced a contributory pension system under National pension system for all Central Govt employees recruited on or after 01.01,2004 and deprived them of very elementary benefits of old age social security by denying CCS (Pension) Rules, 1972 to them. The employees have been opposing this pension system since its introduction because it lacks the following essential benefits
No guarantee of any Minimum Pension under this scheme.
No safeguard from Price rise in absence of element of Dearness Allowance.
Absence of additional Pension on attaining the age of 80 Years/ 85 Years/ 90 Years/ 95 Years/ 100 Years.
No safeguard to Missing employees.
Absence of Compulsory Retirement Pension, Compassionate Pension etc.
Both Legislative Body and Executive Body are responsible for well functioning of Administration. Both get their dues from Consolidated Fund of India. It is discriminatory that Executive Body has been deprived of its old age security especially lower rung employees would suffer the most.
Our Proposal to be included:
National Pension System will be scraped and CCS (Pension) Rules, 1972 will be implemented for all Central Govt Employees.
3. Appointment on Compassionate Grounds
The appointment on compassionate ground is an exception to the equality clause under Article 14. If an employee dies while in service then according to rule framed by the Central Government or the State Government, appointment to one of the dependants shall not be considered violation of Articles 14 and 16 of the Constitution because this exception has been provided through various rules only to mitigate the hardships of deceased employee family suffering from scarcity of very trivial things of daily life due to the death of sole bread winner of the family and sudden misery faced by the members of the family of such employee who serves the Central Government or the State Government.
A lot of Employees working under MoD are dealing with hazardous and risky operations. Because they are exposed to various hazardous chemical and other materials, they are developing various illness sometimes led to their deaths.
Proposal to be included:
One time relaxation would be provided to offer appointment on compassionate grounds to all the applicants waiting for years in MoD
5% ceiling would be removed and 100% appointment would be made on compassionate ground.
Employees who die/ incapacitate in accident while performing their official duties, Compassionate appointment would be made straight away without any delay.
Thanking You
Brotherly Yours
sd/-
(MUKESH SINGH)
General Secretary
Copy to:
The General Secretary, Bharatiya Mazdoor Sangh, New Delhi
The In-Charge, BPMS, Pune
The Secretary General, GENC, Kanpur
- For kind information please
DoP: Constitution of Circle Relaxation Committee (CRC)
at Circle level for considering compassionate appointment
cases
No. 17-4/2017- SPB I/C
Ministry of Communications
Department of Posts
(SPG-II Section)
Dak Bhawan, Sansad Marg
New Delhi 110 001
Dated: 22 Feb’ 2018
To
All Chief Postmasters General/Postmasters General
Chief General Manager BD/PLI/Parcel Directorate
Director RAKNPA/GM CEPT/Directors of all PTCs
Addl. Director General, Army Postal Service, New Delhi
All GMs (Finance)/Directors Postal Accounts/DDAP
Sub: Constitution of Circle Relaxation Committee (CRC)
at Circle level for considering compassionate appointment cases
- Regarding.
Sir/Madam,
I am directed to refer to this Directorate’s letter of even
number dated 05.04.2018 and 04.12.2018 on the subject mentioned
above.
This Directorate vide letter dated 05.04.2018 has constituted
Circle Relaxation Committee for all Postal Circles consisting of
PMG as its Chairman, DPS (HQ) as first member and another DPS
within the jurisdiction of the Circle as second member of the
CRC. It has further been decided vide letter dated 04.12.2018
that in case any of the above post remained vacant in a Circle
or in the case of small Circles where there is only one post of
Director or no post of PMG available to constitute the CRC, the
Head of Circle may him/herself take a decision to nominate the
member of CRC from neighbouring Circles in consultation with the
Chief Postmaster General of the Circle concerned from where the
officer is to be nominated.
In continuation of above instructions, it has also been decided
with the approval of the competent authority that in case of
non-availability of Director Postal Services in a Circle or
neighbouring Circles, Director of Postal Accounts can also be
appointed as member of the CRC by the Head of Circle.
Rest of the instructions contained in the letter dated
05.04.2018 and 04.12.2018 will remain the same.
Yours faithfully,
(Parveeta Dhawan)
Assistant Director
General (SGP)
FAQ on Allowance, Leave, MACP, LTC, Seniority and Reservation
FAQ
on Allowance, Leave, ACP, MACP, LTC, Seniority, Sexual Harassment,
Administrative Tribunals, Compassionate Appointment, Non Functional
Upgradation, Joint Consultative and Arbitration and Reservation
Appointment on compassionate grounds - Relaxation in upper age limit
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(NG)II/2018/RC-1/32
New Delhi, dated 20.09.2018
The General Manager(P)
All Indian Railways & PUs
Sub: Appointment on compassionate grounds - Relaxation in upper age limit regarding.
Attention is invited to para IX (Authority competent to make appointments on compassionate grounds) and para VI(a) (Qualification and conditions to be fulfilled) Board’s letter dated 12.12.1990 which lays down that normally the persons seeking appointment on compassionate grounds should fulfil the conditions of eligibility regarding age and educational qualifications prescribed for appointment to the posts or grade concerned. However, the upper age limit may be freely relaxed on merits of the cases.
The lower age limit of 18 years normally required for appointment in Government may also be relaxed upto one year with the personal approval of the General Manager. Relaxation of the lower age limit beyond one year will require the approval of the Ministry of Railways. In making appointments on compassionate grounds, Divisional Railway Managers may relax age limit in the case of appointment to Group 'D' posts.
The issue of delegation of power to DRM/CWM regarding relaxation of upper age limit in making compassionate grounds appointment was under consideration in this office. It has now been decided by the Board that wherever DRM/CWM is competent to make the appointment on compassionate grounds, they may grant relaxation in upper age limit also.
sd/-
(Neeraj Kumar)
Director Estt. (N)II,
Railway Board
Railways: Appointment on Compassionate Grounds:
2nd Wife Policy Letter
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
RBE No.42/2018
New Delhi, dated 21.03.2018
The General Manager(P)
All Indian Railways &
PUs.
Sub: Appointment on Compassionate
Ground
The
issue Of considering appointment on compassionate
grounds(CG) to
sons/daughters, born through Other than first legally
married wife has
been engaging the attention of this Ministry for quite
some time, in the
backdrop Of partial quashing of CG related
instructions contained in
this Ministry's letter dated 02.01.1992 regarding such
appointments, by
the Hon’ble High Court/Calcutta in the case(WPCT 20 of
2009) Namita
Goldar & Ors. Vs 1301 & Others.
2. In this regard, Railway
Board has taken into account following observations of
the Hon’ble
Supreme Court, on the subject of CG appointment, in the
case of State
Bank of India & another Vs Rajkumar, (Civil appeal
No. 1641 of
2010):
"it is now well settled that appointment on
compassionate grounds is not a source of recruitment.
On the other hand
it is an exception to the general rule that recruitment
to public
services should be on the basis of merit, by an open
invitation
providing equal opportunity to al/ eligible persons to
participate in
the selection process. The dependants of employees, who
die in harness,
do not have any special claim or right to employment,
except by way of
the concession that may be extended by the employer
under the Rules Or
by a separate scheme, to enable the family of the
deceased to get over
the sudden financial crisis. The claim for
compassionate appointment is,
therefore, traceable only to the scheme framed by the
employer for such
employment and there is no right whatsoever Out side
such scheme….".
3.
Railway Board has also taken into account following
observation of
Hon'ble High Court of Jharkhand (Ranchi) in writ
petition No. WP(S) 16
of 2014 (pronounced on 24.07.2014) “Compassionate
appointment is a
matter of policy of the employer and the employer
cannot be compelled to
provide compassionate appointment contrary to its
policy/scheme. When
there is specific circular which clearly provides
that the children of
second marriage of the employee shall not be eligible
for compassionate
appointment, no direction can be issued to the
respondents to consider
the case of the petitioner."
4. The matter has been examined and
in Supersession Of this Ministry's letter dated
02.01.1992 issued under
RBE No. 01/1992 and No. dated 03.04.2013, it has been
decided that the
first right of being considered for compassionate
grounds appointment is
vested, in cases Of death Of Railway servants while in
service, with
the legally wedded surviving widow provided she has not
remarried at the
time of making request for appointments on
compassionate grounds. It is
clarified that in cases of those Railway Servants who
are governed by
the Hindu Marriage Act, 1955, there can only be one
legally wedded
wife/widow, as second marriage, while spouse is living,
is void/voidable
in view of the Section 5(1) read with Section 11 of
the Act. In this
respect, Railway Board’s letter NO. GS 1-1 dated
10.04.1992 connects.
5.
If aforementioned legally wedded surviving widow does
not want herself
to be considered for compassionate grounds appointment,
she can
nominate, for CG appointment, a "bread winner" for the
family from
amongst the following:
(a) In cases of those Railway
Servants who are governed by the Hindu Marriage Act,
1955. Son(including
adopted son); or daughter(including widowed/ adopted/
married/divorced
daughter). However, if such Railway Servant has left
sons/daughters, who
have been treated as legitimate Or deemed to be
legitimate, under
Section 16 of Hindu Marriage Act, 1955, neither widow
can nominate them
as bread winner for CG appointment nor such
sons/daughters can claim CG
appointment.
(b) In cases Of those Railway Servants who are
governed by their respective Personal Laws: Son
(including adopted son);
Or daughter(including widowed/ adopted/
married/divorced daughter).
However,
if such Railway Servant has left sons/daughters
through
second/subsequent legally valid marriages, i.e. other
than through first
wife and deceased Railway Servant have failed to
Obtain requisite
permission for such second/subsequent marriage as
required under section
21 (relating to restrictions regarding marriage) Of
the Railway
Services (Conduct) Rules, 1966, neither first
widow/second/subsequent
widow can nominate such sons/daughters as bread winner
for CG
appointment nor such sons/daughters can claim CG
appointment. Moreover,
such Second/subsequent widow also would not have any
right to seek
compassionate grounds appointment.
6. All Zonal Railway/PUs/Units are directed to decide
cases accordingly.
Appointment on Compassionate Grounds - NFIR
Railway Board Orders
GOVERNMENT OF INDIA MINISTRY OF RAILWAYS RAILWAY BOARD
RBE No.42/2018
No.E(NG)II/2018/RC-1/5
New Delhi, dated 21.03.2018
The General Manager(P)
All Indian Railways & PU.
Sub: Appointment on compassionate
grounds.
The issue of considering appointment of
compassionate grounds(CG) to sons/daughters, born
through other than
first legally married wife has been engaging the
attention of this
Ministry for quite some time, in the backdrop of
partial quashing of CG
related instructions contained in this Ministry’s
letter dated
02.01.1992 regarding such appointments, by the Hon'ble
High
Court/Calcutta in the case (WPCT 20 of 2009) Namita
Goldar & Ors. Vs
UOI & Others.
2. In this reard, Railway Board has
taken into account following observations of the
Hon'ble Supreme Court,
on the subject of CG appointment, in the case of State
Bank of India
& another Vs Rajkumar, (Civil appeal No. 1641 of
2010):
"it is now well settled that appointment on
compassionate grounds
is not a source of recruitment. On the other hand it
is an exception to
the general rule that recruitment to public services
should be on the
basis of merit, by an open invitation providing equal
opportunity to all
eligible persons to participate in the selection
process. The
dependants of employees, who die in harness, do not
have any special
claim or right to employment, except by way of the
concession that may
be extended by the employer under the Rules or by a
separate scheme, to
enable the family of the deceased to get over the
sudden financial
crisis. The claim for compassionate appointment is,
therefore, traceable
only to the scheme framed by the employer for such
employment and there
is no right whatsoever out side such scheme…"
3. Railway Board has also taken into
account following observation of Hon'ble High Court of
Jharkhand
(Ranchi) in writ petition No. WP(S) 16 of 2014
(pronounced on
24.07.2014) "Compassionate appointment is a matter of
policy of the
employer and the employer cannot be compelled to
provide compassionate
appointment contrary to its policy/scheme. When there
is specific
circular which clearly provides that the children of
second marriage of
the employee shall not be eligible for compassionate
appointment, no
direction can be issued to the respondents to consider
the case of the
petitioner"
4. The matter has been examined and in
supersession of this Ministry's letter dated 02.01.1992
issued under RBE
No. 01/1992 and No. E(NG)II/2012/RC-1/21 dated
03.04.2013, it has been
decided that the first right of being considered for
compassionate
grounds appointment is vested, in cases of death of
Railway servants
while in service, with the legally wedded surviving
widow provided she
has not remarried at the time of making request for
appointments on
compassionate grounds. It is clarified that in cases of
those Railway
Servants who are governed by the Hindu Marriage Act,
1955, there can
only be one one legally wedded wife/widow, as second
marriage, while
spouse is living, is void/voidable in view of the
Section 5(1) read with
Section 11 of the Act. In this respect, Railway
Board’s letter No.
E(D&A) 92 GS 1-1 dated 10.04.1992 connects.
5. If aforementioned legally wedded
suriving widow does not want herself to be considered
for compassionate
grounds appointment, she can nominate, for CG
appointment, a "bread
winner" for the family from amongst the
following"
(a) In cases of those Railway Servants
who are governed by the Hindu Marriage Act, 1955 : Son
(including adopted
son); or daughter(including widowed/
adopted/married/divorced
daughter). However, if such Railway Servant has left
sons/daughters, who
have been treated as legitimate or deemed to be
legitimate, under
Section 16 of Hindu Marriage Act, 1955, neither widow
can nominate them
as bread winner for CG appointment nor such
sons/daughters can claim CG
appointment.
(b) In cases of those Railway Servants
who are governed by their respective Personal Laws:
Son(including
adopted son); or daughter(including widowed/
adopted/married/divorced
daughter). However, if such Railway Servant has left
sons/daughters
through second/subsequent legally valid marriages, i.e.
other than
through first wife and deceased Railway Servant have
failed to obtain
requisite permission for such second/subsequent
marriage as required
under section 21 (relating to restrictions regarding
marriage) of the
Railway Services (Conduct) Rules, 1966, neither first
widow/second/subsequent widow can nominate such
sons/daughters as bread
winner for CG appointment nor such sons/daughters can
claim CG
appointment. Moreover, such second/subsequent widow
also would not have
any right to seek compassionate grounds
appointment.
6. All Zonal Railway/PUs/Units are directed to decide
cases accordingly.
Please acknowledge receipt.
(Neeraj Kumar)
Director Estt. (N) II,
Railway Board.
Scheme for Compassionate Appointment - Relative
merit points and revised procedure for
selection
Principal Controller of Accounts (Ordnance
Factories), Kolkata published on 5.2.2018
Ministry of Defence (Finance) Block, New Delhi DAD -
Coord Room No.24-A, South Block,
New Delhi
Sub: Scheme for Compassionate Appointment -
Relative merit points and revised procedure for
selection.
A
copy of Ministry of Defence D(Lab) ID No.19(2)/2017-D
(Lab) dated
09.01.2018 on the above subject is forwarded herewith
for information
and necessary action please.
sd/- (Rajesh Kalia)
SO (DAD-Coord)
Ministry of Defence D
(Lab)
Sub: Scheme for compassionate appointment -
Relative merit points and revised procedure for
selection.
The
undersigned is directed to say that the Department of
Personnel &
Training under the Ministry of Personnel, Public
Grievances and Pensions
is the nodal department for Government of India's
Scheme for
compassionate Appointment. While considering requests
for compassionate
appointment, a balanced and objective assessment of
financial condition
of the families of the applicants has to be made taking
into account the
assets and liabilities and other relevant factors. The
main object of
the Scheme is to alleviate the family of the deceased
government
servant/member of the Armed Forces from indigence and
help it get over
the emergency. Accordingly, vide Ministry of Defence
I.D.
No.271/93/D(Lab) dated 2.11.93, Ministry of Defence had
developed a
100-point weightage system containing various
parameters/attributes to
decide the most deserving cases amongst the large
number of Defence ID
No. 19(4)/824-99/1998-D(Lab) dated 9.3.2001. Consequent
upon
implementation of the 6th CPC Report, parameters of all
these attributes
were further revised in 2010 vide MoD note No. 19
(3)/2009/D(Lab) dated
22.1.2010 and 14.5.2010. Presently, the attributes on
100-points scale
are - Quantum of Family Pension (20 Points); Terminal
Benefits (10
points); Monthly income of family from other sources
(05 points);
Movable/immovable property held by the family (10
points); No. of
dependents (15 points), No. of unmarried daughters (15
points); No. of
minor children (15 points) and Left over service (10
points). As per the
parctice, compassionate appointment is given to the
highest score
earner.
2. Now, consequent upon implementation of the 7th CPC
pay
structure, the finacial parameters are required to be
revised again.
Certain organisations/ formations under Ministry of
Defence have been
requesting for revision of relative merit points and
procedure for
selecting the most indigent applicant(s) for
compassionate appointment
after death/medically boarding-out of the Government
servant/member of
the Armed Forces on whose income the family was wholly
dependent.
3.
As per 7th CPC structure, the minimum pension stands
revised from
Rs.3,500 p.m. (as per 6th CPC) to Rs.9,000 p.m. which
approximately
comes out to be 2.57 times the old pension. The Govt.
of India have also
approved this factor of 2.57 for working out revised
pay, based on
which DCRG, Family Pension and Leave encashment are
calculate.
Accordingly, the monetary parameters/attributes such as
Family Pension,
Terminal Benefits, Monthly income of earning member(s)
and income from
property and lates market value of the
Movable/Immovable property have
been revised by the multiplying the fitment factor of
2.57 or so, for
arriving at the present-day weightage points. However,
other
non-monetary parameters/attributes viz. No. of
Dependents, No. of
Unmarried Daughter, No. of Minor Children and Leftover
Service have been
kept unchanged.
4. Accordingly, with the approval of the
competent authority, various parameters on the 100-
points scale of
weightage system stand revised as under with immediate
effect:-
(a) Basic Family Pension / Monthly Amount received
under National Pension System
(20 points)
(d)
Movable/immovable property of the family (Latest
Market Value including
Fixed Deposit/Bank balance etc. but excluding the lump
sum amount
received as mentioned in (b) above
(10 points)
5.
the revised guidelines will take place with immediate
effect. However,
cases already considered by the Boards of Officers
constituted for
considering requests for compassionate appointment as
per the previous
guidelines need not be re-opened.
6. However, for considering
belated requests for compassionate appointment where
the
death/disablement of Govt. servant/member of Armed
Forces took place
long ago, weightage points towards 'Terminal Benefits'
may be awarded in
the following manner:-
(a) For cases where death of
the deceased Govt. servant occured prior to 9.3.2001,
parameters of 'Terminal Benefits' given in MoD ID note
dated 2.11.1993 will be
applicable:
(b) For cases where death of the deceased Govt,
servant occurred on or after 9.3.2001 till 21.1.2010,
parameters of 'Terminal Benefits' given in Mod ID note
dated 9.3.2001 will be
applicable: and
(c) For cases where death of the deceased Govt.
servant occurred on or after 22.1.2010 till 31.12.2015,
parameters of 'Terminal Benefits' given in MoD ID note
dated 22.1.2010 will be
applicable.
7. All the concerned are advised to
strictly follow these weightage points and guidelines
keeping in view
the instruction issued by the DoP&T/MoD, from time
to time for
assessing comparative merit of the applicants for
compassionate
appointment.
(S S S SARMA) Director
(Estt. & CP), Govt. of India
7th CPC Minimum Educational Qualification for
appointment in Level-l of the pay matrix on
compassionate grounds
GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD)
No. E(NG)II/2016/RR-1/12 (3192238)
New Delhi, dated 18.12.2007
The General Manager (P),
All Zonal Railways/Production Units I
(As per standard mailing list)
Sub: Minimum educational qualification for
appointment in Level-l of the pay matrix of 7th CPC on
compassionate grounds
Attention
is invited to instructions issued vide this Ministry's
letter under RBE
No.73/2017 dated 27.07.2017 and RBE No. 192/2017 dated
11.12.2017,
laying down minimum educational qualification for
recruitment of staff
from open market to posts in Level-l of the pay matrix
of 7th CPC
(earlier Grade Pay Rs.1800/-), through all modes,
against direct
recruitment quota in various departments. Since,
appointment on
compassionate grounds made against direct recruitment
quota vacancies,
the qualification prescribed for posts against direct
recruitment quota
are equally applicable for considering appointment on
compassionate
grounds.
The matter has been reviewed, owing to difficulty being
faced, in appointment of candidates on compassionate
grounds, it has
been decided that such candidates who have passed 10th
standard but is
not in possession of technical qualification i.e.
National
apprenticeship Certificate(NAC) granted by NCVT or ITI
or courses/ Trade
Diploma the prescribed qualification for technical and
commercial
(catering) departments, v1z., Civil Engineering,
Mechanical, Electrical,
S& T Departments and Commercial Catering Level-l,
may also be
considered for appointment, providing them on job
training for a period
of six months.
Compassionate ground appointments in Public Sector Banks
ALL INDIA BANK EMPLOYEES’ ASSOCIATION
Central Office: PRABHAT NIVAS Regn.
No.2037
Singapore Plaza, 164, Linghi Chetty Street, Chennai 600001
Phone:
2535 1522 Fax: 4500 2191, 2535 8853
e mail - chv.aibea@gmail.com &
aibeahq@gmail.com
Web: www.aibea.in
CIRCULAR LETTER No.27/200/2016/33
24.5.2016
TO ALL OFFICE BEARERS, STATE FEDERATIONS AND ALL INDIA
BANKWISE ORGANISATIONS:
Dear Comrades,
Reg: Compassionate ground appointments in the
Banks
Units
are aware that despite the guidelines from the Government of India,
some of the Banks are not implementing the scheme on compassionate
ground appointment properly both in regard to eligibility and also on
relaxations in qualifications. In the Associate Banks, even the Govt.
guidelines have not been placed before the Boards of the respective
Banks and unilateral instructions of the SBI are being adhered to
whereby compassionate ground appointments are being denied. From AIBEA
we have taken up the matter with the Finance Minister. Arising out of
the recent UFBU meeting, UFBU also has addressed a letter to the Finance
Minister and same is reproduced herein for the information of our
units.
With greetings,
Yours Comradely,
C.H. VENKATACHALAM
GENERAL SECRETARY
UFBU Letter to Finance Minister
IBA/GOVT/2016/139
Date: 21st May, 2016
Shri Arun Jaitley, Hon'ble Minister of
Finance, Government of India, New
Delhi.
Respected Sir,
SCHEME FOR COMPASSIONATE APPOINTMENT IN PUBLIC SECTOR BANKS
We
are thankful to you for restoring the Compassionate Appointment Scheme
in Public Sector Banks (PSBs) vide your letter D.O.F.No.18/2/2013 IR
dated the 7th August 2014, conveying the approval of the Government to
open the Compassionate Appointment in PSBs on the lines of Central
Government with a request to the Indian Banks’ Association (IBA) to take
appropriate action to circulate the revised scheme to all PSBs for
adoption with the approval of their respective Boards. Further, the
decision of the Government was conveyed by Ministry of Finance vide
letter F.No.18/2/2013 IR dated 05.12.2014 that all PSBs can have both
the options i.e., compassionate appointment or payment of lumpsum
ex-gratia amount.
2. It will note be out of context to mention
here that the issue of restoration of compassionate appointment scheme
in Public Sector Banks (PSBs) has been under discussions between UFBU
and IBA since the last ten years and in accordance with the suggestion
of Department of Financial Services, a joint proposal on broad
parameters was submitted by IBA for approval of the Government. The
sustained struggle by UFBU ended with your kind intervention resulting
in approval as above from the Government of India.
3. However, we
are shocked to observe that the managements of some of the banks have
unilaterally decided to continue, with certain modifications, the scheme
for compassionate appointment in exceptional circumstances only and the
scheme for payment of Ex-gratia Lumpsum Amount in lieu of Compassionate
Appointment, totally ignoring the approval of Government of India to
open the Compassionate Appointment Scheme in Public Sector Banks (PSBs)
on the lines of Central Government.
4. Further, the concessions /
relaxations, as provided under the scheme envisaged by the Government,
as applicable to Central Government employees, such as exemption from
the requirement of minimum educational qualification etc., have not been
extended in the Banking Industry, thereby making them ineligible and
denying the appointments.
5. The unilateral decisions of the
managements as above, is not only total ignorance of the directives of
the Government of India to open the Compassionate Appointment Scheme on
the lines of Central Government but also deliberate utter disregard to
the sustained struggle of bank workmen and officers for nearly a decade
in getting the scheme approved by the Government.
6. Hence, we
earnestly seek your kind intervention in the matter and arrange to
appropriately instruct all the Public Sector Banks, which have not
introduced the Compassionate Appointment Scheme on the lines of Central
Government, as approved by the Government of India and advised by you
and also on provision of concessions / relaxations as applicable to
Government employees, under the compassionate appointment scheme.
Please acknowledge receipt of this communication and advise us the developments in
this regard.
With best regards
Government of India
Ministry of Personnel,
Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated the 05th September, 2016
OFFICE MEMORANDUM
Subject:- Consolidated Instructions on compassionate appointment —
Review of FAQs dated 30.05.2013/25.02.2015 with regard to
married son.
The undersigned is directed to invite attention to this Department's O.M.
No.14014/6/1994-Estt.(D) dated 09th October, 1998 and OM of even number dated 16th
January, 2013 vide which Consolidated Instructions on compassionate
appointment were issued.
Subsequently, vide FAQ No. 13 dated 30.05.2013
it has been clarified that married sons are not considered as dependent
family member and hence not eligible for consideration for compassionate
appointment. The clarification with regard to married son as stipulated
in FAQ No. 13 dated 30.05.2013 has been reviewed vide FAQ No 60 of even
number dated 25.02.2015 as under:-
Sl. No
Question
Answer
60
Whether 'married son' can be considered for compassionate
appointment?
Yes,
if he otherwise fulfils all the other requirements of the Scheme i.e.
he is otherwise eligible and fulfils the criteria laid down in this
Department's O.M. dated 16th January, 2013. This would be effective from
the date of issue of this FAQ viz. 25th February, 2015 and the cases of
compassionate appointment already settled w.r.t. the FAQs dated 30th
May, 2013, may not be reopened. Sr.No.13 of the FAQs dated 30th May,
2013 may be deemed to have been modified to this extent.
2.
Pursuant to various Court Orders, the clarification/FAQ No. 13 dated
30.05.2013 and FAQ No. 60 dated 25.02.2015 has been further reviewed in
consultation with the Department of Legal Affairs. It has been decided
that married son can be considered for compassionate appointment if he
otherwise fulfils all the other requirements of the Scheme i.e. he is
otherwise eligible and fulfils the criteria laid down in this
Department's O.M. dated 16th January, 2013.
3. FAQ No. 13 dated 30.05.2013 and FAQ No. 60 dated 25.02.2015 stands withdrawn from
the date of their issue.
4.
The cases of compassionate appointment rejected solely on the grounds
of marital status in terms of FAQ No. 13 dated 30.05.2013 during the
intervening period i.e. w.e.f. 30.05.2013 to 25.02.2015 in respect of
married son may be
reopened/reconsidered against vacancies occurring after
issue of this OM.
Grant of one time relaxation from the ceiling of 5% for compassionate appointment in Ministry of Defence
BPMS writes a letter to Defence Minister regarding compassionate appointment in the establishments of MoD.
BHARATIYA PRATIRAKSHA MAZDOOR SANGH (AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
Ref: GENC / MOS / Appointment / 01
Dated: 10.12.2015
To,
Dr. Jitendra Singh,
Minister of State,
Subject: Grant of one time relaxation from the ceiling of 5% for compassionate appointment in Ministry of Defence.
Hon’ble Sir,
Through this letter, I would like to invite your attention to the
following grievance of Civilian employees working in the Ministry of
Defence:-
Govt. of India, DoP&T O.M. No. 14014 / 6 / 94- Estt (D) dated
09th Oct 1998 read with O.M. No. 14014/23/ 99- Estt (D) Dated 03rd Dec
1999 has a provision to give a compassionate appointment to one of the
dependent for the survival of his family, if the employee unfortunately
dies during his service period; leaving his family behind to survive,
but it is limited to 5% of the vacancies. Due to this, a large number of
wards are waiting for their appointment on compassionate grounds to
look after the family.
Sir, there are 5.85 lakh sanctioned strength of defence civilians but
the existing strength is only 3.98 lakh as on 01.01.2014 as mentioned
in the report of 07 th CPC. It establishes that there is a deficiency of
1.87 lakh civilian manpower and there are Approx 20 thousands aspirants
who are seeking appointment on compassionate grounds.
It is worth to mention here that DoP&T is the competent authority
to grant one time relaxation from the limit of 5% vacancies falling
under direct recruitment quota in Group ‘C’ post in a recruitment year.
Hence, you are requested to kindly intervene into the matter and
issue necessary directives so that DoP&T may grant one time
relaxation from the limit of 5% vacancies for compassionate ground
appointments in the Defence Installations.
Denial of payment of HRA, Transport Allowance etc. to trainees appointed on compassionate ground
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)
No PC-V/2015/PNM/NFIR/1
New Delhi, dated 21.09.2015
The General Secretary
NFIR
3, Chelmsford Road,
New Delhi – 110055
Sir
Sub:-
Denial of payment of HRA, Transport Allowance etc. to trainees
appointed on compassionate ground in Grade Pay 1900/- in artisan
category etc-reg. (PNM/NFIR item No.11/2015)
The
undersigned is directed to refer to the minutes of the separate meeting
held on 15.07.2015 on the leftover PNM/NFIR items and to state
that,DoP&T’s OM dt.03.04.2012 have been adopted by the Board vide
letter dt. 14.09.2012 (RBE No.102/2012)
issued by its Estt. Dte. Accordingly, the matter has been examined in
consultation with Estt. Dte. of Railway Board and they have clarified
that Board’s instructions dt. 14.09.2012 applies exclusively in cases,
where candidate being considered for appointment on Compassionate
grounds are not meeting the minimum qualification for entry into the
Government service that is, in Grade Pay Rs. 1800/- and the word
‘trainees’ have been coined only for this limited purpose. It has
nothing to do with trainees (who get stipend and not salary) in various
posts of Grade Pay Rs.1900 & above, where it is mandatory for
persons to complete the training successfully, before joining a working
post.
In view of the above position Federation’s demand is not feasible for acceptance.
Married Daughter of a Government Employee is entitled for Compassionate Appointment – Hon’ble Madras High Court
Affirming a Single Judge’s ruling that that marriage alone need not necessarily disentitle a woman from claiming a Government job, as marriage is not a disqualification, a Division Bench of the Madras High Court has held that married daughter of a government employee is entitled to be considered for the job on compassionate grounds after the death of her father while in service subject to her fulfilling two requirements : one, she must obtain a no-objection certificate from other siblings and; two, she and her husband must give an undertaking that she will take care of other members of her parents’ family from her salary.
“A married daughter is eligible for consideration, subject to submission of no-objection certificate of other members of the deceased’s family and also with an undertaking from her and her husband that she will take care of other members of the parents’ family,” said a division bench of the Court comprising of Justice Satish K Agnihotri and Justice M Venugopal recently, while dealing with a case of one Kayalvizhi whose father V Indarjith died while in service in the education department under the State Government.
Kayalvizhi, who was the only daughter of Indarjith and happened to be married by the time he died in harness, then applied for appointment on compassionate grounds. When she was denied appointment, she approached the High court seeking reliefs. Citing a government order governing the issue, a single judge of the Madras High Court said she was entitled to be considered for the job. Her marriage alone need not necessarily disentitle her from claiming the job, as marriage is not a disqualification, the judge said.
Assailing the order of the learned Single Judge, the Assistant Primary Education Officer in Anthiyur in Erode district had gone in appeal before the Division Bench.
Ruling in favour of Kayalvizhi, the Division Bench relied on an earlier judgment of the Court in Kamatchi v. state of Tamil Nadu, wherein it had been held that even if there are other members in the family, the beneficiary could take a no-objection from them and stake her/his claim for appointment under compassionate grounds, and the GO issued by the State Government, which on its part, clearly said an NOC from the remaining members of the family, an undertaking from the beneficiary that he/she shall be helpful to her/his parents’ family and an assurance from the spouse of the beneficiary that he/she shall not cause hindrance to her/him in helping members of his/her parents’ family in future, should be fulfilled to become eligible for appointment.
The Division Bench upheld Kayalvizhi’s rights in this regard subject to her producing a NOC from members in her paternal family and an undertaking from her husband, and directed the authorities to consider her case for appointment within a period of four weeks.
Review of compassionate appointment cases regarding: Clarification by Ministry of Defence
No. 19(4)/2015/D(Lab)
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.
Appointment on compassionate grounds - Clarifications by Railway Board
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(NG)H/2015/RC-l/Genl./2
New Delhi, dt.23.04.2015
The General Manager(P),
All Indian Railways
Production Units.
Sub: Appointment on compassionate grounds - Clarifications - regarding.
Attention is invited to this Ministry’s letter of even number dated
14.092012 issued under RBE No. 102/2012. Some of the Zonal Railways have
sought clarification as regards to the allowances and benefits allowed
to a trainee under Board’s letter dated 14.09.2012(RBE No. 102/2012)
should be given to a trainee appointed against a working‘post where it
is mandatory for persons being appointed to clear the entire training
period before joining a working post.
The matter has been examined in Board’s office and it is clarified that
in terms of one of the recommendations of the 6th Central Pay
Commission, as accepted by the Government of India, candidates not
possessing the minimum qualifications of Matriccould not be recruited in
the Government service. At the same time, Commission also recommended
that in exceptional circumstances like appointment on compassionate
grounds, Government might need to provide employment opportunities to
certain classes of persons not immediately meeting the minimum
educational standards and Government could recruit them as “trainees”
who would be given a regular pay band and Grade Pay only on acquiring
the minimum qualification prescribed under the Recruitment rules.
Thus, it is amply clear that Board’s instructions dated 14.09.2012
applies exclusively in cases, where candidate being considered for
appointment on compassionate grounds are not meeting the minimum
qualification for entry into the Government service that is, in Grade
Pay 1800/- and the word ‘trainees’ have been coined only for this
limited purpose. It has nothing to do with trainees (who get stipend and
not salary) in various posts of Grade Pay 1900 & above, where it is
mandatory for persons to complete the training successfully, before
joining a working post.
Filling up of 5% Sports quota and 5% Compassionate quota vacancies,
out of the total Direct Recruitment vacancies in the grades of Income
Tax Inspectors and Tax Assistants: CBDT Order
GOVERNMENT OF INDIA,
MINISTRY OF FINANCE
CENTRAL BOARD OF DIRECT TAXES
DIRECTORATE OF INCOME TAX
(HUMAN RESOURCE DEVELOPMENT)
CADR Building, Plot No. 6, Vasant Kunj Institutional Area Phase-II
New Delhi – 110070. Telefax. 26130592.
F.No. HRD/CM/127/O7/2013-14 (Part-III)/9152
Dated: 24.03.2015
To
All the Principal Chief Commissioners of Income Tax (CCA)
Subject:- Filling up of 5% Sports quota and 5% Compassionate
quota vacancies, out of the total Direct Recruitment vacancies in the
grades of Income Tax Inspectors and Tax Assistants.
Sir,
Kindly refer to the above subject.
2. Additional posts at various levels in Gr. B & C were created
vide CBDT Order F.No. A-11013/1/2013-Ad.VII, dt. 31-05-2013. Vide ietter
F.No. HRD/CM/ 102/28/2013-14/4488, dt. 17-10-2014 at Annexure Q (copy
enclosed), the vacancies pertaining to D.R quota (including Sports and
Compassionate appointment quota) were communicated to ail Pr. CCsIT.
3. I am now directed to communicate the region-wise Direct
Recruitment quota for Income Tax Inspector and Tax Assistant grades
(Annexure A and B) being 5% each of the D.R quota indicated at Annexure
Q. These are included in the figures mentioned at Annexure Q of CBDT.
4. I am, further directed to request you to fill up the Sports and
Compassionate quota vacancies of 2013-14 in your Region, including the
vacancies as per the above Annnexure , evenly and fully, taking care to
include various sports, as per Government instructions in the matter.
5. Some sports quota and compassionate ground vacancies of earlier
years or for vacancy year 2014-15 also may be existing with your
Regions. It is requested that the Sports & compassionate quota
appointments for other vacancy years, including vacancy year 2014-15,
may also be filled up, as per Government instructions in tho matter.
Encis:- As above
Yours faithfully,
(Surabhi Sharma)
Deputy Director of Income Tax (HRD)
