Posts Tagged ‘Compassionate Ground’

Compassionate ground appointment to the kith & kin of Railway employees and died in harness as bachelor – need to issue instructions

Advertisement
compassionate-grounds-railway

NFIR
National Federation of Indian Railwaymen

No. II/1-A/2018

Dated: 07/09/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Compassionate ground appointment to the kith & kin of Railway employees and died in harness as bachelor – need to issue instructions-reg.

Reports are being received by the Federation through our affiliated unions that the
Railway Authorities on certain divisions/zones are reluctant to consider offering appointment on compassionate ground to the kith & kin of railway employee died as bachelor. These cases included the cases of persons appointed under LARSGESS (who unfortunately died as bachelor).

Federation feels that denial of compassionate appointment to the next kith and kin of bachelor employees die in harness is unfair, considering the fact that the bereaved family is required to be provided with bread winner (through compassionate appointment to the kith & kin of deceased staff).

NFIR therefore, requests the Railway Board to kindly review the extant instructions and issue suitable clarification to the Zonal Railways etc., to consider providing compassionate appointment to the kith and kin of deceased bachelor employees (including LARSGESS appointee) in order to provide relief to the families of such employees. A copy of the instructions issued may be endorsed to the Federation.

Yours faithfully.
(Dr.M.Raghavaiah)

Source: NFIR

Download Central Government Employees News iOS App . Click here Cg News for iPhone, iPad & iPod Touch app to download in your device.
Stay updated on the go with CENTRAL GOVERNMENT NEWS App. Click here Cg news for Phones app to download it for your device.

Be the first to comment - What do you think?  Posted by admin - September 11, 2018 at 10:41 pm

Categories: Railways   Tags: , ,

Training period of wards of deceased/medically decategorised Railway employees appointed on compassioate grounds as Technician Gr. III in (erstwhile GP 1900/Pay Level-2 of 7th CP)

NFIR

No.II/-A/Part 20

Dated: 25/04/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Training period of wards of deceased/medically decategorised Railway employees appointed on compassioate grounds as Technician Gr. III in (erstwhile GP 1900/Pay Level-2 of 7th CP)-reg.

Ref: NFIR’s letter No.II/1-A/Part 20 dated 31/01/2018.

Federation vide its letter dated 31/01/2018 brought to the notice of the Railway Board, the grievance of Apprentice Technicians who happened to be the wards of deceased/medically decategorised Railway employees appointed on compassionate grounds (non-ITI/non-Act Apprenticeship Training) who are being subjected to three years training for appointment to the post of Technician Grade III in erstwhile GP 1900/Pay Leave-2. A period of about three months has passed, unfortunately, there has been no communication to the Federation on action taken on the subject matter.

While enclosing copy of Federation’s letter dated 31/01/2018, NFIR once again requests the Railway Board to consider the justified points raised for reduction of training period of three years in the case of non-ITI/non-Act Apprentice wards/widows of Railway employees appointed on compassionate ground to a reasonable period.

Action taken on Federation’s proposal may please be communicated to the Federation soon.

Yours faithfully,
S/d,
(Dr. M. Raghavaiah)
General Secretary

Be the first to comment - What do you think?  Posted by admin - May 2, 2018 at 6:50 pm

Categories: 7CPC, Railways   Tags: , , ,

Government revamps jobs on compassionate ground for Gramin Dak Sevaks (GDS)

Government revamps jobs on compassionate ground for Gramin Dak Sevaks

Dependents of GDS to get benefit within 3 months

Department of Posts has revamped the existing compassionate engagement scheme offered to the dependent family members of Gramin Dak Sevak. A GDS who dies in harness, the dependents of such GDS will benefit from a liberalized and time bound procedure for engagement on compassionate grounds. Henceforth, any death of a Gramin Dak Sevak while on engagement would be compensated by a compassionate engagement to a dependent family member irrespective of the circumstances or indigence. Upper age limit of the applicant could also be relaxed wherever found to be necessary. Thus the new scheme of compassionate engagement will provide greater relief to the members of the family of the deceased GDS who belong to weaker and poorer sections of the society and are thrown into penury and hardship.

The ambit of dependent family member has also been expanded to include:

  • Married son living with parents and dependent for livelihood on the GDS on the date of death of the GDS
  • Divorced daughter wholly dependent on the GDS at the time of death of the GDS
  • Daughter in law of the deceased GDS who is wholly dependent on the GDS, if the only son of the GDS is pre deceased.

This expansion of definition of family members aims to bring greater relief to women in our society who are subjected to difficult circumstances in the unfortunate event of demise of their spouse/parent.

The present system of relative merit points to ascertain the degree of indigence has been dispensed with. Keeping in view the unique and distinct service conditions, socio economic aspects and to relieve the family from financial destitution, the time consuming process of consideration by Circle Relaxation Committee has been done away with. Henceforth, a request received for compassionate engagement would be considered and decided within three months from the date of receipt of the application.

Further to ensure least displacement, it has been decided that to the extent possible, compassionate engagement would be offered to the dependent of the deceased GDS, to a GDS post near the place where the family of the deceased normally resides.

PIB

Be the first to comment - What do you think?  Posted by admin - April 27, 2017 at 1:48 pm

Categories: Employees News   Tags: , , , ,

Employment on Compassionate Ground

Employment on Compassionate Ground

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
LOK SABHA

UNSTARRED QUESTION NO: 5289
ANSWERED ON: 05.04.2017

Employment on Compassionate Ground

SUNIL KUMAR SINGH
Will the Minister of RAILWAYS be pleased to state:-

(a) whether the Railways proposes to bring amendment in the provision in which employment on compassionate ground is given to any one dependent family member of the rail accident victim;

(b) if so, the details thereof and if not, the reasons therefor; and

(c) the total number of dependents to whom employment has been given during each of the last three years and the current year, zone-wise including Jharkhand?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF RAILWAYS
(SHRI RAJEN GOHAIN)
(a) to (c) : A Statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (c) OF UNSTARRED QUESTION NO. 5289 BY SHRI SUNIL KUMAR SINGH TO BE ANSWERED IN LOK SABHA ON 05.04.2017 REGARDING EMPLOYMENT ON COMPASSIONATE GROUND

(a) & (b) Extant rules do not permit for providing employment to family members/legal heirs of those dying in train accidents or untoward incidents connected with the Railways. However, in the past, pursuant to announcement made by Hon’ble Minister of Railways, employment has been provided, in exception to rules and purely as a humanitarian gesture in certain cases. No change in the same is contemplated.

(c) Information is being collected and will be laid on the Table of the House.

Loksabha Q&A

Be the first to comment - What do you think?  Posted by admin - April 5, 2017 at 6:28 pm

Categories: Railways   Tags: , , ,

Compassionate Appointments in Government are regulated as per instructions issued by Department of Personnel and Training

Job On Compassionate Ground

Compassionate Appointments in Government are regulated as per instructions issued by Department of Personnel and Training Office Memorandum No. 14014/6/94-Estt.(D) dated 09.10.1998 as amended from time to time. All these instructions have been consolidated vide Office Memorandum No. 14014/02/2012-Estt.(D) dated 16.01.2013 and as per these instructions 5% of direct recruitment vacancies in a year in Group ‘C’ posts can be filled up by compassionate appointment.

The time limit of three years for making compassionate appointment has been withdrawn vide this Department’s Office Memorandum No. 14014/3/2011-Estt.(D) dated 26.07.2012.

Department of Personnel & Training only lays down the policy of compassionate appointment which is implemented by the Administrative Ministries/Departments while considering the cases of compassionate appointment. The Administrative Ministries/Departments are required to monitor the state of implementation of compassionate appointment under their respective jurisdiction. DoP&T does not have information on specific details on the number of applications under consideration of the Union Government for appointment on compassionate grounds, Ministry-wise/Department-wise.

This information was given today by Minister of State for Personnel, Public Grievances and Pensions, Dr. Jitendra Singh in a written reply to a question in Rajya Sabha by Shri Narendra Kumar Kashyap.

Be the first to comment - What do you think?  Posted by admin - August 8, 2014 at 2:44 am

Categories: General news   Tags: , ,

Appointment on compassionate grounds – delegation of powers

Appointment on compassionate grounds – delegation of powers

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.E(NG)II/1998/RC-1/64

New Delhi, dated 24.06.2014

The General Manager (P)
All Zonal Railways/Pus

Sub: Appointment on compassionate grounds – delegation of powers.

Please refer to this office letter of even number dated 28.01.2014 wherein it was clarified that the extant policy of not making appointment on compassionate grounds in intermediate grades in GP Rs.4600/-, except in favour of first class engineering graduates, calls for no relaxation. In other words, in GP Rs.4600/-, such appointments can be made only in posts, where the laid down qualification is degree in Engineering and there is sufficient element of direct recruitment quota.
The issue has been reviewed by the Board and it has been decided to withdraw the letter ibid.
Cases in Grade Pay ~ Rs.4600/- will continue to be dealt in terms of stipulation contained in Board’s letter of even number dated 31.05.2011 and No.E(NG)II/2011/RC-1/SR/20 dated 14.09.2011.
(This disposes of Dy.CPO/SR’s letter No. PB/CS/30/Policy/Vol.XIII(pt) Dated 13.02.2014)

sd/-
(Ravi Shekhar)
Dy. Director Estt. (N)II,
Railway Board.

Source: www.indianrailways.gov.in
[http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/ENG-II/2014/RC1.pdf]

Be the first to comment - What do you think?  Posted by admin - July 16, 2014 at 9:57 am

Categories: General news, Railways   Tags: , , , , ,

Appointment on compassionate grounds of family member of an ex- Railway servant.

Appointment on compassionate grounds of family member of an ex- Railway servant.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.E(NG)II/2014/RC-1/SCR/5

New Delhi, dated 08.07.2014

The General Manager (P)
All Zonal Railways/Pus
Sub: Appointment on compassionate grounds of family member of an ex- Railway servant.

As the field units are aware, dependent family members for the purpose of appointment on compassionate grounds means spouse or son (including adopted son) or daughter (including adopted daughter) or brother/sister in the case of unmarried Government servant, who is wholly dependent on the Government servant at the time of death in harness or retirement on medical grounds, as the case may be.
Further, In terms of para 2 of letter No. E(NG)III-781RC1/1 dated 3.2.81, General Managers can consider for employment of married daughters, if they satisfy themselves that the married daughter will be the bread-winner of the family of the Railway servant concerned. tt has also been stipulated vide Instructions issued under RBE No. 224/2001 dated 21.11.2001 that the cases of dependant divorced/widowed daughters should also be considered for such appointment as in the case of married daughters subject to the condition that former should have been wholly dependent on the ex-employee at the time of the death/medical invalidation of the latter.
Existence of a number of instructions as well as the issue of specific clause of dependency on the ex-Railway employee’ have been engaging the attention of this office for sometime. Accordingly, the matter has been reviewed by the Board and- it has been decided that It should be left to the discretion of the family concerned in case of death of ex-employee to request for a job to either spouse or any child {whether son or daughter (unmarrled/married/divorced/widowed)} subject to the condition that the concerned child will be the bread-winner of the family concerned.

Further, for this purpose instructions issued by this Ministry vide letter issued under RBE No. 22/2014 dated 4.3.14 be read in the same spirit.
However, the dependent of an unmarried male/unmarried female Railway employee dying in harness/retiring on medical grounds, may be considered for compassionate appointment by the Railway at its own level, subject to the condition that the candidate proposed for appointment Is shown as dependent on the ex-employee on the basis of documents such as Inclusion/declaration of names in the pass or in Ration cards etc.. The condition of inclusion in the pass declaration or Ration cards etc. is only a facilitating factor, and not intended to be a restrictive one. In the absence of any such documentary proof, the factual position regarding the extent of the dependency may be got verified by deputing a Welfare Inspector to inquire into the circumstances. The relaxation of time limit permissible in the case of minor children of those employees who die in harness would also apply In the case of dependent of those who die as bachelor/spinster.
Accordingly, ara 2 of Board’s Instructions E(NG)I1I-78/RC1/1 dated 3.2.1981, letter No. (NG)II/88f RC-i. / Policy dated 4.9.96, No. E (NG)II/88 /RC-1/1 Policy dated 2.5.97,-2- No. E(NG)II/99/RC-1/S19 dated 5.8.99, and E(NG)IIf2001/RC4/EVS dated 21.11.2001 stand superseded.

Past cases, already decided need not be reopened.
Please acknowledge receipt.

sd/-
(Harsha Dass)
Director Estt.(N)II
Railway Board

Source: www.indianrailways.gov.in
[http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/ENG-II/2014/RBE_70.pdf]

Be the first to comment - What do you think?  Posted by admin - at 9:51 am

Categories: Employees News, Railways   Tags: , , , , , ,

Consolidated Instructions on compassionate appointment — regarding

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.
sd/-
(Virender Singh)
Under Secretary to the Government of India
Read more about the OM…
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/14014_02_2012_Estt_D_16Jan2013.pdf]

Be the first to comment - What do you think?  Posted by admin - January 24, 2013 at 4:16 pm

Categories: Pension   Tags: , , ,

MoD Orders – Review of three years time limit for making compassionate appointment

MoD Orders – Review of three years time limit for making compassionate appointment

No.19(9)/2012/D(Lab)
Government of India
Ministry of Defence
New Delhi, the 8th Aug, 2012.
Subject: Review of three years time limit for making compassionate appointment.
The undersigned is directed to say that the Hon’ble CAT Allahabad Bench has quashed the three year time limit of offer of appointment on compassionate grounds vide Department of Personnel and Training OM. No. 14014/19/2002/ Estt(D) dated 5.5.2003.

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

Be the first to comment - What do you think?  Posted by admin - December 13, 2012 at 6:30 am

Categories: DOPT Orders   Tags: , , , , ,

Review of three years time limit for making compassionate appointment.

Review of three years time limit for making compassionate appointment.

IMPORTANT – CIRCULAR

CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR ROAD, PALAM, DELHI CANTT- 110 010
No. AN/VIII/19001/Circular
Date: 11.12.2012.
To
The All PC of A(Fys)/PCsDA/CsDA
Sub: Review of three years time limit for making compassionate appointment.
A copy of DoP&T O.M. F. No.14014/3/2011-Estt (D) dated 26.07.2012 received under Ministry of Defence letter No. 19(9)/2012/D(Lab) dated 08.08.2012, on the above subject is forwarded herewith for information, compliance, guidance and necessary action please.
2 It is mandated that while dealing the case for appointment on compassionate grounds following clarification  received from DoP&T on their OM dated 26.07.2012, may be scrupulously be adhered to.
(i) Vide OM dated 26.07.2012 instruction dated 05.05.2003 prescribing the three years’ time limit for consideration of request for compassionate appointment has been withdrawn. This effectively means the instructions as issued vide OM dated 09.10.1998 is in force.
(ii) All the requests for compassionate appointment even those which have been considered earlier and belated requests will be considered on merit asper instructions on the subject provided a vacancy is available now.
(iii) Cases which have been considered as per OM dated 05.05.2003 and closed for want of vacancy can be considered again if the dependent of diseased government servant prefer fresh application for compassionate appointment. Such cases are to be treated as per Para 8 of this department’s O.M dated 09.10.1998.
3. HQrs office circulars issued on the subject regarding cases where any type of relaxation are required are still in force. The case which require relaxation of any kind including belated requests for compassionate appointment should be forwarded to HQrs office for obtaining the orders of the CGDA.
Please acknowledge receipt.
sd/-
(P.K.Rai)
Sr.Asstt.CGDA (AN)
Source: www.cgda.nic.in
[http://www.cgda.nic.in/adm/compAppt.pdf]

Be the first to comment - What do you think?  Posted by admin - at 6:28 am

Categories: General news   Tags: , , , , , , ,

Appointment on compassionate grounds in the Clerical Cadre – urge to fill up vacancies – NFIR

Appointment on compassionate grounds in the Clerical Cadre – urge to fill up vacancies – NFIR

NFIR General Secretary writes a letter to Railway Board regarding appointment on compassionate grounds in the Clerical Cadre. The letter has been uploaded on its official website and we have reproduced full text of the letter and given below for your information.
NFIR
National Federation of Indian Railwaymen
(Affiliated to Indian National Trade Union Congress)
No.II/1A/Pt.17
Dated : 03/11/2012
The Member Staff,
Railway Board,
NEW DELHI.
Dear Sir,
Sub: Appointment on compassionate grounds in the Clerical Cadre – urge to fill up vacancies – reg.
Ref : Railway Board’s letter No.E(NG)II/91/RR-1/20 dated 03/12/1991.
NFIR wishes to invite kind attention of the Railway Board (MS) to the fact that the Railway Board vide letter, quoted under reference, had imposed ban in filling up the vacancies in the Clerical Cadre (Clerks and Senior Clerks) falling in the share of direct recruitment and at the same time had frozen 25% of such vacancies initially for a period of two years. These instructions further stipulate that Railways would undertake critical review of unfilled D.R. quota vacancies and progressively surrender the posts. A period of more than 21 years has passed and the present postion in the Clerical Cadre throughout the Zonal Railways/Producation Units has gone from bad to worse, and after over two decades the quality of working system at different levels is getting eroded.

 

2. The NFIR desires to add that the extant instructions of the Railway Board have banned the intake in the Clerical Cadre even through Compassionate Ground appointments where female wards/widows of the Railway employees are not at all being considered. The General Managers for the purpose expect justification from the DRMs/Heads of Units, consequently the clerical posts are either lying vacant or surrendered in the mid and at the end of every financial year without caring the consequences of shortage. This situation is really alarming and if the Railway Board’s order continues for some more years there might be no clercial staff to even proces the papers what to speak of noting/drafting duly connecting instructions/rules, more particularly in Accounts and Personnel Departments of Railways.
NFIR, therefore, makes the following suggestions :-
(i) Freezing of 25% posts in Clerical Cadre in GP Rs.1900 and Rs.2800 should be lifted with immediate effect,
(ii) The condition laid down in Baord’s letter for considering compassionate appointment to wards of deceased/medically invalidated (who possess grdauate qualification) be removed.
NFIR urges the Railway Board (MS) to kindly consider the above suggestions and see that revised instructions are issued, duly endoring copy to the Federation.
Yours faithfully,
sd/-
(M.Raghavaiah)
General Secretary
Source: NFIR

Be the first to comment - What do you think?  Posted by admin - November 5, 2012 at 4:47 pm

Categories: Latest News, Railways   Tags: , , , , , ,

Appointment of Compassionate grounds – clarifications orders issued by Railway Board

Appointment of Compassionate grounds – clarifications orders issued by Railway Board

GOVERNMENT OF INDIA / BHARAT SARKAR
MINISTRY OF RAILWAYS / RAIL MANTRALAYA
(RAILWAY BOARD)
No. E(NG)II/1998/RC-1/64
RBE No.102/2012
New Delhi, dated 14.09.2012
The General Manager (P),
All Indian Railways & Production Units etc.
Sub: Appointment of Compassionate grounds – clarifications — regarding.
Attention is invited to this Ministry’s letters No. E(NG)II/2009/RR-1/10/Pt dated 09.12.2010 and No. E(NG)II/2011/RR-1/11/ dated 09.12.2011 (RBE No.166/2011) regarding educational qualification for recruitment in Pay Band-I of Rs. 5,200-20,200 having Grade Pay of  Rs.1800/- and No.E(NG)II/2011/RC-1/NE/21 dated 06.02.2012 extending the appilcablilty of (RBE No.166/2011) to widows.
2. In partial supersession of Board letter dated 06.02.2012 quoted in para 1 above, it has now been decided that in case of appointment of a widow/wife not fulfilling the requirement of prescribed educational qualification, she will be placed in Pay Band-I (Rs. 5200-20,200 + Grade Pay Rs.1800/- directly without insisting on fulfillment of educational quailfication 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.
3. In continuation with the above, following points are also clarified:
(i) A person appointed as ‘Trainee’ enjoys the status of a Government servant from initial day and will be allowed all the allowances and benefits allowed to a government servant.
(II) A person appointed as a ‘Trainee’ on compassionate grounds has to acquire minimum educational qualifications in 5 years.
(iii) The probation period of a person appointed as ‘Trainee’ on compassionate ground will begin only from the date he/she acquires minimum educational qualification and such person will be on probation for a period specified in the Recruitment Rules of the post / grade against which he/she is being appointed.
(iv) A ‘Trainee appointed on compassionate ground is entitled to all kinds of leave applicable to a regular Railway servant.
(v) A person appointed as ‘Trainee’ shall be allowed Children Education Allowances per the admissible rates.
(vi) A person appointed as ‘Trainee’ on compassionate ground would not be entitled for Overtime Allowance during the period he/she continue as ‘Trainee’.
(vii) A ‘Trainee’ has the status of Government/Railway Servant from initial day, as such, dependent of a person appointed on compassionate ground as ‘Trainee’ would be eligible for compassionate appointment in the event of his/her death in harness/medical unfitness.
(viii) A ‘Trainee’ appointed on compassionate ground, till he/she acquires minimum educational qualification would be allowed increment at normal rates in the pay scale of -IS.
(ix) A person appointed as Trainee on compassionate ground, is eligible to Medical benefits as available to holder of the post in pre-revised Scale of Rs. 4440-7440 without any Grade Pay.
This issues with the concurrence of Finance Directorate.
Please acknowledge receipt.
sd/-
(Harsha Dass)
Joint Director Estt. (N)II
Railway Board

 

Source : AIRF & NFIR

Be the first to comment - What do you think?  Posted by admin - September 22, 2012 at 2:12 pm

Categories: Railways   Tags: , , , ,