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Swami Sadashiva Brahmendra Sar (Nil)     21 February 2010

Removal of Compassionate appointee

 A government employee "Lekhpal" died while in service. his wife was appointed as "lekhpal" on compassionate ground and was sent on training. But, she could not succeed in the training therefore was removed from service.
 Her writ petition against removal has been dismissed by the single judge of the High Court.

What is possibility in Letters Patent Appeal or in SLP (if appeal is also dismissed) - Is her removal legal and justified ? or can she claim appointment on another post on compassionate ground ?



Learning

 3 Replies

niranjan (civil practice)     21 February 2010

If the appointment is with condition of passing the training, within certain trials,and if she is failed,she cannot claim it. However it should be verified as to how many trials were  tobe allowed.

V. VASUDEVAN (LEGAL COUNSEL)     23 February 2010

CENTRAL GOVERNMENT EMPLOYEES NEWS

 

Scheme for Compassionate Appointment – Relative Merit Points and Procedure for selection  HOPE THIS CIRCULAR COULD BE USEFUL TO SEE THE CRITERIA'S WERE FULFILLED IN THE QUERY. VASUDEVAN

Posted: 22 Feb 2010 10:03 AM PST

No. 37-36/2004-SPB-1/C. Government of India
Ministry of Communication & IT
Department of Posts
SPB-1/C. Section
Dak Bhawan, Parliament Street,
New Delhi – 110001
No. 37-36/2004-SPB-I/C Dated 20.01.2010

Sub: - Scheme for Compassionate Appointment – Relative Merit Points and Procedure for selection

The objective of the Scheme for Compassionate Appointment 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. It is to relieve the family of the Government servant concerned from financial destitution and to help it get over the emergency. Keeping, I view the objective of the Scheme, the existing instructions relating to compassionate Appointment have time and again been reviewed/modified/simplified so that the system finally derived at shall be more transparent, efficient and uniform in nature.

The efficacy of the Scheme is based on its transparency. It is this aspect, which is foremost and hence while considering a request for appointment on Compassionate grounds by a Committee, a balanced and objective assessment of the financial condition of the family has to be made taking into consideration its assets and liabilities and all other relevant factors such as the presence of earning member, size of the family, ages of the children and the essential needs of the family etc. This is done to assess the degree of indigence among all the applicants considered for compassionate appointment within the prescribed ceiling of 5% of the direct recruitment vacancies.

The existing position has been reviewed in this Department and it has been decided by the competent authority that to achieve the objective of the scheme of the Compassionate Appointment and to ensure complete transparency, merits of the cases can be conveniently decided by allocating points to the applicants based on various attributes indicated in the references of DOP&T from time to time. Accordingly the Department has worked out a system of allocation of points to various attributes based on a hundred point-scale as indicated in the tables below: -

(A) FAMILY PENSION (BASIC EXCLUDING DA & ALLOWANCES)


S.No. Points Proposed slab for Department of Posts
1 20 Upto 5000
2 18 5001 - 8000
3 16 8001 - 11000
4 14 11001 - 14000
5 12 14001 - 17000
6 10 17001 - 20000
7 8 20001 - 23000
8 6 Above 23000


(b)Terminal benefits (DCRG, GPF, CGEGIS, Leave encashment & Pension Commutation)

S.No. Points Proposed slab for Department of Posts
1 10 Upto 140000
2 9 140001 - 168000
3 8 168001 - 196000
4 7 196001 - 224000
5 6 224001 - 252000
6 5 252001 - 280000
7 4 280001 - 308000
8 3 308001 - 336000
9 2 336001 - 364000
10 1 364001 - 420000
11 0 420001 & above


(c)Monthly income of earning members and income from property

S.No. Points Proposed slab for Department of Posts
1 5 No Income
2 4 2500 or less
3 3 2501 - 3500
4 2 3501 - 4500
5 1 4501 - 5500
6 0 5500 & above


(d) Moveable/Immovable Property

S.No. Points Proposed slab for Department of Posts
1 10 Nil
2 8 Upto 150000
3 6 150001 - 300000
4 3 300001 - 600000
5 1 600001 - 1000000
6 0 above 1000000


(e)No of dependents - Points

Unmarried daughters Points
(i) 3 and above 15
(ii) 2 10
(iii) 1 5
(vi) None 0


(g)No of Minor children - Points

Minor Children Points
(i) 3 and above 15
(ii) 2 10
(iii) 1 5
(vi) None 0


(h)Left over Service - Points

Left over service Points
(i) Over 20 years 10
(ii) Over 15 & 20 years 8
(iii) Over 10 & Upto 15 years 6
(vi) Over 5 & 10 years 4
(v)0 - 5 years 2


IN ADDITION TO THE ABOVE, CASES WHERE THE WIFE OF THE DECEASED OFFICIAL HAS APPLIED FOR COMPASSIONATE APPOINTMENT FOR HERSELF, SHE SHALL GET 15 ADDITIONAL POINTS AS GRACE POINTS. THIS WILL BE IN LINE WITH THE GENERAL PRINCIPLE THAT THE WIDOW NEEDS TO BE GIVEN PREFERENCE FOR COMPASSIONATE APPOINTMENT.

The above system of weightage not only awards objectivity to the entire method but also ensured complete transparency and uniformity in the selection process. The above method should be strictly followed with immediate effect, keeping in view the instructions issued by the Department of Personnel & Training from time to time.

This has the approval of Secretary (Posts)


Sd/- (B. P. Sridevi)
Director (Staff)
 

Swami Sadashiva Brahmendra Sar (Nil)     23 February 2010

Thank you mr. Vasudevan!

You have provided very useful information.


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