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Compassionate Appointments: A Comprehensive View-2016

Article By
Ch. Srinivasa Rao
Founder-Editor, “HARMONY”
Formerly COA, CSIR-NGRI,
Hyderabad

Genesis

The Scheme for “Compassionate Appointment under Central Government” was consolidated and issued vide DoPT O.M. No. 14014/6/86-Estt.(D) dated 30-6-1987 and again in the year 1998. Currently, the consolidated instructions on Compassionate Appointments were issued vide DoPT O.M. No.F.No.14014/02/2012-Estt.(D) dated 16-1-2013. Subsequently a number of instructions on compassionate appointments have been issued. Contents of relevant Office Memoranda and Orders issued from time to time on the subject have been further categorised under various easy-to-comprehend heads and are presented for reference and guidance.

Object

The object of the Scheme is to grant appointment on compassionate grounds to a dependent family member of a Govt. 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 Govt. servant concerned from financial destitution.

Applicability

The 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 Govt. servant; or (e) member of the Armed Forces referred to in (A) or (B) of this para, who was wholly dependent on the Govt. servant/member of the Armed Forces at the time of his death in harness or retirement on medical grounds as the case may be.

To this list, married son/daughter has also been added due to pronouncements of judiciary which was explained elsewhere.

To a dependent family member:

(A) of a Govt. 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 CCS Regulations before attaining the age of 55 years (57 years for erstwhile Group D Govt. servants); or

c) is retired on medical grounds under Rules 38 of the CCS (Pension) Rules, 1972 or the corresponding provision in the CCS Regulations before attaining the age of 55 years (57 years for erstwhile Group D Govt. servants); or

Under this list, dependent family members of Govt. servant are also included which is detailed elsewhere.

(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

Common Cadre Staff

Requests for appointments on compassionate ground received from the family members of the CSIR Common Cadre staff under the Scheme can be forwarded to CSIR HQs. in the prescribed pro forma along with necessary details, if the concerned Labs./Instts. have not been able to consider at its own level either for want of vacancies or due to the choice of the applicants for appointment at a Lab./Instt. situated elsewhere.

Competent Authority

Joint Secretary-In-Charge of Administration in the concerned Ministry/ Department under Govt. of India;

Head of the Department — any Authority which the President by Order declares to be the Head of the Department under SR-2(10) in the case of Attached and Subordinate Offices under Govt. of India;

Secretary in the Ministry/Department concerned in special types of cases; and

Directors of respective CSIR Labs./Instts. in CSIR system

Eligibility

If the family is indigent and deserves immediate assistance for relief from financial destitution; and

The applicant for Compassionate Appointment should be eligible and suitable for the post in all respects under the provisions of the relevant Recruitment Rules;

Procedural Exemptions

Compassionate Appointments are exempted from the following requirements:

Recruitment procedure (need not be routed through the Staff Selection Commission or the Employment Exchange);

Clearance from the Surplus Cell of the DoPT/DGET;

Ban orders on filling up of posts; and

Economy Measures and Rationalization of Expenditure.

Relaxations

a) Upper age limit could be relaxed wherever found to be necessary. The lower age limit should, however, in no case be relaxed to be below 18 years.

b) In exceptional circumstances, the competent authority may consider recruiting persons not immediately meeting the minimum educational standards, and engage them as Trainees who will be given the regular pay bands and grade pay only on acquiring the minimum qualification prescribed. The emoluments of these Trainees during the period of their training and before they are absorbed as employees will be governed by the minimum of the “-1S” Pay Band Rs.4,440-7,440 with corresponding allowances on the minimum “-1S” Pay Band; but without any Grade Pay. The period of training will not count as service for any purpose.

c) Exemption from the requirement of passing the typing test those appointed to the post of LDC will be governed by the general Orders in this regard

d) In case of a widow not fulfilling the requirement of educational qualification against the post of Multi-Tasking Staff after job training, she will be placed in Group C PB-1 (Rs.5,200-20,200) plus GP Rs.1,800 directly without insisting on fulfillment of educations qualification norms. On appointment, she may be allowed to continue in service even after re-marriage.

Level of Appointment

Compassionate appointments in deserving cases should be made only at the entry level against Group D or C posts and the persons so appointed should have necessary academic/technical qualifications and experience as laid down for such posts.

Concessions should be extended only in really deserving cases after taking into consideration, the number of dependents, assets and liabilities, terminal benefits, etc. accrued to the family of the Govt. servant.

Vacancies

a) Only if regular vacancies meant for the purpose of appointments on compassionate grounds are available

b) Up to a maximum of 5% of vacancies falling under Direct Recruitment Quota in any Group C post. The limit should not be exceeded by utilizing any other vacancy, e.g. sports quota vacancy, etc. A person selected for appointment on compassionate grounds should be adjusted in the Recruitment Roster against appropriate 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 Govt. servant on casual/daily wage/ad-hoc/contract basis against regular vacancies.

d) The Committee constituted for considering the cases should limit its recommendations only in a really deserving case, if vacancy meant for such purpose will be available at least within a year within the ceiling of 5% of vacancies.

e) Grouping of posts in small Offices/Cadres for the purpose of calculation of vacancies for appointment for this purpose is allowed.

f) Liberalized method of calculation of vacancies for small Ministries/Departments is allowed.

g) Appointment can also be made against technical posts at Group C and erstwhile Group D level on the basis of total Direct Recruitment vacancies arising in a year in the technical posts.

Note:

1. Age eligibility shall be determined with reference to the “date of application” and not the “date of appointment”

2. 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

3. In the case of an Attached/Subordinate Office, the Secretary in the concerned Administrative Ministry/Department shall be the competent authority for this purpose

Optimization of Direct Recruitment

After effecting the DOP&T instructions on optimization of Direct Recruitment to civilian posts circulated vide O.M. No.2/8/2001-PIC, dated the 16-5-2001, the Direct Recruitment would be limited to one-third of the Direct Recruitment vacancies arising in the year subject to a further ceiling that this does not exceed 1% of the total sanctioned strength of the Department. As a result of these instructions, there has been a continuous reduction in the number of vacancies for Direct Recruitment, consequently resulting in availability of very few vacancies or no vacancy under 5% quota for compassionate appointment. Because of this, the various Ministries have been facing difficulty in implementing the Scheme for Compassionate Appointment even in the most deserving cases.

On a demand raised by Staff Side in the Standing Committee of the National Council (JCM) for review of the compassionate appointment policy, the matter has been carefully examined and taking into account the fact that the reduction in the number of vacancies for compassionate appointment is being caused due to operation of the orders on optimization of Direct Recruitment vacancies, the following decisions have been taken:

While the existing ceiling of 5% for compassionate appointment may not be modified; but the 5% ceiling may be calculated on the basis of total Direct Recruitment vacancies for Group ‘C’ and ‘D’ posts (excluding technical posts) that have arisen in the year. Total vacancies available for making Direct Recruitment would be calculated by deducting the vacancies to be filled on the basis of compassionate appointment from the vacancies available for Direct Recruitment

It is clarified that under the Scheme, appointments can also be made against technical posts at Group C and D level. The 5% quota of vacancies will be calculated on the basis of Direct Recruitment vacancies arising in a year in the technical posts.

Grouping/Determination of Posts

The percentage of vacancies to be filled by compassionate appointment in a given year should be determined by deducting from 50% the percentage of vacancies actually utilized by appointment of SC, ST, PH and Ex-Servicemen. With the introduction of 27% reservation for OBCs, the compassionate appointments can now be made up to a maximum of 5% of vacancies falling under Direct Recruitment quota in any Group C or D post.

Grouping of posts in small Offices/Cadres for the purpose of calculation of vacancies for appointment on compassionate grounds has been allowed. Consequently Group C & D posts (excluding technical posts) in which there are less than 20 Direct Recruitment vacancies in a Recruitment Year may be grouped together and out of the total number of vacancies, 5% may be filled on compassionate grounds, subject to the condition that appointment on compassionate grounds in any such post should not exceed one.

It may so happen that small Ministries/Departments where no vacancy for compassionate appointment could be located under 5% quota for the last 3 years may not be able to make a single compassionate appointment for a number of years due to non-availability of adequate Direct Recruitment vacancies in Group C & D posts arising in a year. Keeping in view the problem of non-availability of vacancies within the prescribed limit of 5% of Direct Recruitment vacancies in Group C and D posts, they may add up the total of Direct Recruitment vacancies in Group C & D posts arising in each year for 3 or more preceding years and calculate 5% of vacancies with reference to the grand total of vacancies of such years for locating one vacancy for compassionate appointment.

For the purpose of calculation of vacancies, fraction of a vacancy either half or exceeding half but less than one may be taken as one vacancy. Total vacancies available for making Direct Recruitment would be calculated by deducting the vacancies to be filled on the basis of compassionate appointment from the vacancies available for Direct Recruitment

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.

Time-Limit

The cases of compassionate appointment may be regulated in terms of instructions issued vide O.M. dated 9-10-1998 as amended from time to time. The onus of examining the penurious condition of the dependent family will rest with the authority making compassionate appointment.

The Hon’ble Supreme Court in its judgement dated 5-4-2011 in Civil Appeal No. 2206 of 2006 filed by Local Administration Department vs. M. Selvanayagam & Kumaravelu has observed that “an appointment made many years after the death of the employee or without due consideration of the financial resources available to his/her dependents and the financial deprivation caused to the dependents as a result of his death, simply because the claimant happened to be one of the dependents of the deceased employee would be directly in conflict with Articles 14 & 16 of the Constitution and hence, quite bad and illegal. In dealing with cases of compassionate appointment, it is imperative to keep this vital aspect in mind”.

Subject to availability of a vacancy and instructions on the subject issued by the DoPT and as amended from time to time, any application for compassionate appointment is to be considered without any time-limit and decision taken on merit in each case.

Belated requests

a) The belated requests may be decided with reference to the date of death in retirement on medical ground of a Govt. servant and not the age of the applicant at the time of consideration.

b) The very fact that the family has been able to manage somehow all these years (between the date of death or date of application) may be taken adequate proof that the family had some dependable means of subsistence.

Where there is an earning member

The main purpose of the Scheme is to relieve the family members from economic distress due to sudden demise of Govt. servant in harness. If any member of the family of the deceased is already in employment and is not supporting the other members of the family of the deceased, extreme caution has to be observed in ascertaining the economic distress of the members of the family of the deceased before considering the case.

In cases where any member of the family of the deceased or medically retired Govt. servant is already in employment and is not supporting the other members of the family of the Govt. servant, extreme caution has to be observed in ascertaining the economic distress of the members of the family of the Govt. 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.

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 Govt. servant, income of the earning member as also his liabilities including the fact that the earning member is residing with the family of the Govt. servant and whether he should not be a source of support to other members of the family.

In case of missing Govt. servant

Cases of missing Govt. servants are also covered under the Scheme, subject to the following the prescribed procedure.

Effective from 31-10-1997, one of the dependent family members can be considered for appointment on compassionate grounds in case of missing Govt. servants. It is not a matter of right and is subject to fulfillment of all the conditions including the availability of vacancy.

This benefit will not be applicable to the case of a Govt. servant who had less than two years to retire on the date from which he has been missing; or who is suspected to have committed fraud, or suspected to have joined any terrorist organisation or suspected to have gone abroad.

In all cases, an FIR must have been lodged and the Police should have declared that the missing person is untraceable. While considering such a request, the results of the Police investigation should also be taken into account; and a decision on any such request for Compassionate Appointment should be taken only at the level of the Secretary of the Ministry/Department concerned.

A request for compassionate appointment can be considered only after a lapse of two years from the date from which the Govt. servant has been missing.

It may be noted that in case of a missing employee/pensioner/family pensioner, it was approved that the family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and Gratuity (whatever has not already been received) to the Head of Office of the organisation where the employee/pensioner had last served, six months after lodging of Police report. In the case of appointment on Compassionate grounds, the period of two years gap is yet to be amended suitably.

In respect of CSIR, references are being received by CSIR HQs. from Labs./Instts. seeking approval for compassionate appointment to the family member of missing Council employee(s). After careful consideration of the matter, the DG, CSIR has empowered the Director(s) of the respective CSIR Labs./Instts. for making compassionate appointments of family member of the Council employee, declared missing by the appropriate authority within the scope of the guidelines/instructions issued on the subject.

Welfare Officer

The Welfare Officer in each Ministry/Department/Office should meet the members of the family of the Govt. 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 such person.

Compassionate Appointments Committee

An application submitted in a prescribed pro forma for appointment on compassionate grounds should be considered by a Committee of Officers consisting of three Officers: Chairman and two Members of the rank of Dy. 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 meetings of the Committee should be convened regularly, even if there is no case; and a quarterly return be sent to the Administrative Department.

The Committee should take into account the position regarding availability of vacancy for such appointment and it should recommend appointment on compassionate grounds only in a really deserving case, if vacancy meant for appointment on compassionate grounds will be available within a year, that too, within the ceiling of 5% mentioned above.

In the event of non-availability of vacancies in the appropriate grades/group, they may explore the possibility of providing compassionate appointments against vacancies available in higher grades/groups in cases of extreme hardship, subject to subsequent adjustment as and when the vacancies in the appropriate grade/group become available.

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.

Review after 6th CPC

On the recommendations of the Committee, the Head of Department shall consider all the cases in terms of parameters prescribed by Govt. without being restricted by application of monetary limits of terminal benefits, etc. received by the family of the Govt. employee dying in harness or retiring on medical ground. It is also stated that the HOD would, henceforth determine eligibility based on monetary criteria, as distinct from a ceiling, amongst other parameters. The monetary criteria would primarily serve as a tool for prioritizing application of satisfaction would be an important but not a necessary condition for accepting applications for appointments on compassionate ground.

In view of the revised pay structure as prescribed in the CCS (Revised Pay) Rules, 2008, the monetary criteria to be applied in various categories of employees is also being revised upwards and pegged at two times or double the existing limits as prescribed.

All cases where applications are accepted, even if monetary parameters are exceeded, should be justified through a reasoned speaking Order which should meet the test of consistency.

In the light of the recommendations of the 6th CPC, modification of the existing Scheme for Compassionate Appointment has been considered. Accordingly, in partial modification of O.M.No.14014/6/94-Estt.(D) dated 9-10-1998, it has been decided that for appointment on compassionate grounds, in exceptional circumstances, the Central Govt./CSIR may consider recruiting persons who are not immediately meeting the minimum educational standards, and they may engage them as “Trainees” who will be given the regular Pay Bands and Grade Pay only on acquiring the minimum qualification prescribed under the Recruitment Rules.

The emoluments of these Trainees, during the period of their training and before they are absorbed in the Department/Council as employees, will be governed by the minimum of the “-1S Pay Band” of Rs.4440-7440 without any Grade Pay with all applicable allowances like DA, HRA and Transport Allowance at the admissible rates. The same shall be calculated on the minimum of “-1S PB” without any GP. The period spent in the “-1S PB” by the future recruits will not be counted as service for any purpose as their regular service will start only after they are placed in the PB-1 of Rs.5200-20200 along with GP of Rs.1800/-.

Rules governing appointment of Trainees

A person appointed as Trainee on compassionate grounds shall be governed by the following rules and such of those rules issued from time to time. As such, a Trainee:

enjoys the status of a Govt. servant from initial day and will be allowed all the allowances and benefits allowed to a Govt. servant.

has to acquire minimum educational qualifications in 5 years. If such a candidate fails to acquire the minimum qualification within stirpulated 5 years, necessary action in terms of paragraph 17 of the consolidated instructions on compassionate appointment contained in DoPT O.M. No. 14014/02/2012-Estt(D) dated 16-1-2013 regarding termination of service may be taken.

Para 17 stipulates that the compassionate appointments can be terminated on the ground of non-compliance of any condition stated in the offer of appointment after providing an opportunity to the compassionate appointee by way of issue of show cause notice asking him/her to explain why his/her services should not be terminated for non-compliance of the condition(s) in the offer of appointment and it is not necessary to follow the procedure prescribed in the Disciplinary Rules/ Temporary Service Rules for his purpose.

Reckoning 5 years of service in respect of Trainees shall ommence from the date of issue of clarification of vide DoPT O.M. No.14014/2/2009-Estt.(D) dated 3-4-2012 or from the date of such appointment with prospective effect.

the belated cases of compassionate appointment is to be considered as per the revised Recruitment Rules for the Multi-Tasking Staff (MTS) posts.

probation period 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.

is entitled to all kinds of leave applicable to a regular Govt. servant.

is eligible to avail Medical Facilities/benefits of CGEGIs/CGHS available to holder of post in the pre-revised pay scale of Rs.4440-7440 without any grade pay.

The competent authority may grant short term advances with advances of pay recoverable in not more than 3 installments and advance of travelling allowances, festival advances, advances in lieu of leave salary and advances for purchase of bicycle, warm clothing and table fans without production of surety, provided the such authority is satisfied that the same could be fully recovered or adjusted during the period of temporary employment of the said Govt. servant concerned. In case of all other advances, a Trainee would be required to produce surety from a permanent central Govt. servant, the surety bond being cancelled in the event of their confirmation in the permanent post.

is to be allowed LTC concession only on completion of one year service.

is allowed increment at normal rates in the pay scale of -1S till he/she acquires minimum educational qualification.

is not entitled for OTA during the period he/she continue as Trainee.

has the status of Govt. servant from initial day, as such, dependants would be eligible even for compassionate appointment in the event of his/her death in harness.

is allowed Children Education Allowance as per the admissible rates.

In case of appointment of a widow not fulfilling the requirement of educational qualification against the post of MTS, she will be placed in Group C Pay Band-1: Rs.5200-20200 plus Grade Pay: Rs.1800 directly without insisting on fulfillment of educational qualification norms, provided the appointing authority is satisfied that the duties of the post against which she is being appointed can be performed with help of some on job training. This dispensation is to be allowed for appointment on compassionate ground against the post of MTS only.

Eligibility to married son/daughter

The DoPT clarified that “married son” can also be considered for compassionate appointment provided he fulfills all the other requirements of the Scheme i.e. he is otherwise eligible and fulfils the criteria laid down in the DoPT O.M. dated 16-1-2013. This would be effective from 25-2-2015; and the cases of compassionate appointment already settled with reference to the clarifications provided under “Frequently Asked Questions” dated 30-5-2013, may not be reopened. Sr.No.13 of the FAQs dated 30-5-2013 may be deemed to have been modified to this extent.

Similarly, in respect of “married daughter”, affirming a single Judge’s ruling that that marriage alone need not necessarily disentitle a woman from claiming a Govt. job, as marriage is not a disqualification, a Division Bench of the Madras High Court has held that married daughter of a Govt. 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 — she must obtain (i) No Objection Certificate from other siblings; and; (ii) she and her husband must give an Undertaking that she will take care of other members of her parents’ family from her salary.

It may be noted that the DoPT O.M. to this effect is yet to be issued.

Maintenance of Family

A person appointed on compassionate grounds should give an Undertaking in writing that he/she will maintain the other family members who were dependent on the Govt. servant properly. In case it is proved, at any time, subsequently that the family members are being neglected or are not being maintained properly by him/her, appointment may be terminated forthwith.

The question of its legal enforceability has been examined in consultation with the Department of Legal Affairs, GoI, and it has been decided that it should be incorporated as one of the additional conditions in the offer of appointment in respect of appointments made on compassionate grounds.

Request for Change of 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, (i) 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; and (ii) 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.

Transferability

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. Similarly any request for appointment to any higher post should be rejected.

Transfer on compassionate grounds will be subject to availability of vacancies and other administrative exigencies.

Seniority

The inter-se seniority of persons appointed on compassionate grounds may be fixed with reference to their date of appointment. Interpolation of such appointees 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.

A person appointed on compassionate ground in a particular year is placed at the bottom of all the candidates recruited/appointed through Direct Recruitment, Promotion, etc. in that Recruitment Year, irrespective of date of joining of candidate on Compassionate Appointment.

The date of joining by a person appointed on compassionate grounds shall be treated as the date of his/her regular appointment.

General

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.

An application for Compassionate Appointment should, however, not be rejected merely on the ground that the family of the Govt. 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 and all other relevant factors such as the presence of an earning member, size of the family, age of the children and the essential needs of the family, etc.

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.

Compassionate Appointment should not be denied or delayed merely on the ground that there is reorganization 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.

Compassionate Appointment will have precedence over absorption of surplus employees and regularisation of daily wage/casual workers, whether or not conferred with Temporary Status.

It is not the intention to restrict employment of a family member of the deceased or medically retired Group ‘D’ Govt. servant to a Group ‘D’ post only. As such, a family member of such Group ‘D’ Govt. 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.

Observations of Hon’ble Supreme Court

The rulings contained in the following judgements may also be kept in view while considering cases of Compassionate Appointment:

1. The Supreme Court held in its judgement dated 28-2-1995 in the case of the LIC vs. Mrs. Asha Ramchandra Ambekar and others [JT 1994(2) S.C. 183] that the High Courts and Administrative Tribunals cannot give direction for appointment of a person on compassionate grounds but can merely direct consideration of the claim for such an appointment.

2. The Supreme Court in its judgement dated 8-4-1993 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 Govt. 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.

3. The Supreme Court has ruled in the cases of Himachal Road Transport Corporation vs. Dinesh Kumar [JT 1996 (5) S.C. 319] on 7-5-1996 and Hindustan Aeronautics Limited vs. Smt. A. Radhika Thirumalai [JT 1996 (9) S.C. 197] on 9-10-1996 that appointment on compassionate grounds can be made, only if a vacancy is available for that purpose.

4. 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 15-7-1996 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.

5. The Supreme Court’s judgement dated 4-5-1994 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:

* Offering Compassionate Appointment as a matter of course, irrespective of the financial condition of the family of the deceased or medically retired Govt. servant is legally impermissible.

* Compassionate Appointment cannot be offered by an individual functionary on an ad hoc basis.

* 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.

* 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.

* Neither the qualifications of the applicant (dependent family member) nor the post held by the deceased or medically retired Govt. servant is relevant. If the applicant finds it below his dignity to accept the post offered, he/she 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.

* 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.

* The posts in Group ‘C’ and ‘D’ 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 ‘B’ category is expected or required to be given for this purpose, as it is legally impermissible.

Termination of service

The 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 LDC post up to 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.

The Compassionate appointments can be terminated on the ground of non-compliance of any condition stated in the offer of appointment after providing an opportunity to the compassionate appointee by way of issue of show-cause notice asking him/her to explain why his/her services should not be terminated for non-compliance of the condition(s) in the offer of appointment and it is not necessary to follow the procedure prescribed in the Disciplinary Rules/Temporary Service Rules for this purpose.

In Order to check its misuse, it has also been decided that this power of termination of services for non-compliance of the condition(s) in the offer of compassionate appointment should vest only with the Secretary in the concerned Administrative Machinery/Department.

Small Family Norms

The incentive increment is granted to the Govt. servant, if he or his wife undergoes the family planning operation and its drawal will cease with the retirement or death of the concerned Govt. servant. The spouse of the Govt. servant who is appointed on compassionate grounds cannot be allowed to draw the said increment.

A widow appointed on compassionate grounds will be allowed to continue in service even after re-marriage.

References

1. CSIR Lr. No. 17(108)/78-E.II dated 20-9-1993

2. GoI DoPT O.M.No.14014/20/90-Estt.(D) dated 9-12-1993; Swamysnews, Feb. 1994, 98-9

3. Swamysnews, Sept. 1994, 556

4. GoI DoPT O.M.No.14014/22/94-Es.(D) dated 28-11-1994; Swamysnews, Jan. 1995, 28-30

5. GoI MOPPG&P (DoPT) O.M. No. 14014/9/94-Estt.(D) dated 22-6-1995; Swamysnews, Oct. 1995, 774; CSIR Endt. No. 31(11)/94-Gen dated 6-7-1995

6. GoI DoPT O.M. No.14014/6/95-Estt.(D) dated 26-9-1995; Swamysnews, Nov. 1995, 860

7. GoI DoPT O.M. No. 14014/8/97-Estt.(D) dated 31-10-1997; CSIR have duly endorsed

8. CSIR Lr. No. 17 (108)/78-97/E.II dated 4-3-1998

9. CSIR Lr. No. 17/108/78-E.II dated 11-6-1998

10. GoI MOPPG&P DoPT O.M. No. 32/4/98-Welfare dated 29-7-1998; CSIR Lr. No.17(68)/97-PPS dated 12-10-1998

11. GoI MOPPG&P DoPT O.M. No.14014/6/94-Estt(D) dated 9-10-1998; O.M. No.14014/24/99-Estt.(D) dated 28-12-1999; CSIR Endt. No.17(108)78-E.II dated 10-4-2000; GoI DoPT O.M. No.14014/3/2005-Estt.(D) dated 14-6-2006 and 9-10-2006; CSIR Lr.No.17(108)/2006-E.II dated 28-11-2006

12. GoI MOPPG&P DoPT O.M. F.No.14014/23/99-Estt.(D) dated 3-12-1999; CSIR Endt. No.17 (108)/78-E.II dated 24-12-1999

13. GoI DoPT O.M.No.14014/16/99-Estt.(D) dated 20-12-1999;Swamysnews, Feb. 2000, 37

14. GoI DoPT O.M. No. 14014/19/2000-Estt.(D) dated 24-11-2000; Swamysnews, Jan. 2000, 64-5

15. GoI DoPT No.24-1/99-SPB-1 dated 26-4-2001; Swamysnews, Aug. 2001, 39-40

16. GoI DoPT O.M. No. 14014/18/2000-Estt.(D) dated 22-6-2001; Swamysnews, Aug. 2001, 43-4

17. GoI MOPPG&P DoPT O.M.F.No.14014/11/2002-Estt.(D) dated 29-4-2003

18. GoI MOPPG&P DoPT O.M.No.14014/19/2002-Estt.(D) dated 5-5-2003

19. GoI DoPT O.M.No.14014/3/2005-Estt.(D) dated 14-6-2006; Swamysnews, Sept. 2006, 29

20. GoI DoPT O.M.No.14014/3/2005-Estt.(D) dated 19-1-2007; Swamysnews, May, 2007, 44

21. C&AG Circular No.13/NGE/2009 No.162-NGE(Disc.)/29-2008/Vol.III dated 9-3-2009; Swamysnews, July 2009, 51-52

22. CSIR Lr.No.5-1(41)/2008-PD dated 2-2-2010; GoI DoPT O.M. No.14014/ 2/2009-Estt.D) dated 11-12-2009

23. Swamysnews, June 2012, 1-10

24. CSIR Lr. No. 5-1(41)/2008-PD dated 14-8-2012; GoI MOPPG&P DoPT O.M. No.14014/3/2011-Estt.(D) dated 26-7-2012

25. CSIR Lr. No.5-1(41)/2008-PD dated 10/11-10-2012; GoI DoPT O.M. F. No.14014/2/2009-Estt.(D) dated 3-4-2012 & Swamysnews, May 2012, 34-37

26. GoI DoPT O.M. No. F.No.14014/02/2012-Estt.(D) dated 16-1-2013; Swamysnews, Mar. 2013, 32-47

27. GoI MOPPG&P DOP&PW O.M. F.No.1/17/201I-P&PW(E) dated 24-6-2013; CSIR Endt. No.5-1(17)/ 2008-PD dated 19-7-2013

28. GoI MOPPG&P DoPT No.14014/02/2012-Estt(D) dated 25-2-2015

29. CSIR O.M. No. 4-6(13)/2012-HR (E-II) dated 16-3-2015

30. CGDA, Delhi Circular No. AN/VIII/19001//Circular/Vol-II dated 5-1-2016

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