Compassionate appointment
pradeep kumar
(Querist) 11 August 2011
This query is : Resolved
Mr X a Central Government employee expired on 27.5.2008. His wife submitted application seeking Compassionate appointment. Since the wife was employed in an aided school and also because of other factors, her application was rejected. On inquiry it was found that the mother (wife of the deceased employee) had mental problems and that she was not supporting her only daughter. The daughter sought the help of Women's Commission and as a result she was put in a hostel. Later the deceased official's brothers took custody of the girl. Practically the girl is an orphan.The daughter, who was a minor at the time of death of the father, on attaining the age of 18 preferred seeking compassionate appointment. Can her case be considered?
M/s. Y-not legal services
(Expert) 11 August 2011
Now a days compassionate appointment not being considered.. Compassionate ground is not a right. Its can be considered. Thats all Very very rare occasions, by considering their poverty, its possible. But very low possibilities..
if this case law is wrong mean just omit it..
M/s. Y-not legal services
(Expert) 11 August 2011
If its possible mean go through the supreme court judgment. Thats a land mark judgement 'uma devi vs state of karnataka' i think year 2006. Order passed by Lordship balasubramaniam. Thats not yet over ruled by any other judgement.
Swami Sadashiva Brahmendra Sar
(Expert) 11 August 2011
Not a good case for compassionate appointment. For minute study, kindly check the service rules of concerned department.
M/s. Y-not legal services
(Expert) 11 August 2011
SCHEME FOR COMPASSIONATE APPOINTMENT
SCHEME FOR COMPASSIONATE APPOINTMENT
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.
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.
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.
POSTS TO WHICH SUCH APPOINTMENTS CAN BE MADE Group ‘C’ or Group ‘D’ posts against the direct recruitment quota.
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.
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).
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.
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.
WIDOW APPOINTED ON COMPASSIONATE GROUNDS GETTING REMARRIED
A widow appointed on compassionate grounds will be allowed to continue in service even after re-marriage.
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.
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.
M/s. Y-not legal services
(Expert) 11 August 2011
"Compassionate appointments cannot be made as a matter of right as it has to be done only when the family is in need of financial security after the death of the bread winner otherwise it would be unconstitutional"
-supreme court of india-
Raj Kumar Makkad
(Expert) 11 August 2011
The matter in hand is rarest among rares wherein the sole daughter of deceased hs no means of livelihood and she is suffering from all sides. I hope your case shall definitely be considered.
M/s. Y-not legal services
(Expert) 11 August 2011
So just appoint one expert advocate in service law. No case is allowed to fail in service law.
Ahmed Daud Girach
(Expert) 14 August 2011
Expired Central Gocernment employee of which department?which documents were submitted at the time of wifes appointment proposal which was rejected?Daughters name as dependent was disclosed?Is daughter dependent as per service book?In other words had the expired employee taken ltc for the daughter for which proposal is to be submitted?what is daughter's age and qualification?Is daughter married now?to which authority first application of wife was submitted.Reply so that further guidance can be givan
Advocate. Arunagiri
(Expert) 14 August 2011
The minor girl, on attaining majority can apply for compassionate ground appointment.
It is true that the compassionate appointments cannot be claimed as a right, but, they have the right to seek the equal opportunity with others seeking compassionate appointment.
Dont delay immediately ask the then minor now major girl, to apply for compassionate appointment.
