Procedures for Comppasionate ground appointment

you approach advocate and issue notice before filing a case for compassionate appointment.

Mr.Moffin K M,

Every department has its own policy on "compassionate ground appointment".  The two things important in your case are the other family members give NOC in your favour for the purposes of appointment and you should be able to prove to the satisfaction of the department that you were amongst one of the dependents and will in future will care for the family.

Secondly your attention is drawn to "Shanti Devi" judgement which enumerate the defination of family for the purposes of compassionate appointment.

Last but not least do not jump the gun as yet as the department has yet to take a decision on your representation as a matter of policy there has to be a vacancy to be fulfilled commensurate with your qualification and still there is another way of appointing compassionate ground candidates and regular candidates in equal numbers.

Best Regards

Daksh

My dear Moffin,

1. Your LCI profile showing you are a Civil Engineer and your telling in your posting your educational qualification is 10+ ITI.  

2. In the case of appointment on compassionate grounds it is not necessary that the job should be given equal to educational qualification.  The deceased employ was working in which department there available categories are only extended for appointment on compassionate grounds.  If the deceased was on a technical post and the applicant has no such technical qualification in that case non-technical or in-service training categories are considered.  Similarly in opposite.

2.  In which department your father was working if there will be suitable posts available for 10 + ITI or any non-technical post or in-service-training technical post can be offered to you.  Subject to qualify the preliminary exam for technical as well as non-technical post.  In case you fail the lower post such as peon can also be offered to you.  It is in brief.

3.  As regards your main query that how to enquire the progress of your application, do not worry, your case is just fit case and you will get appointment.  The delay is of Indian bureaucracy pattern pending.

4. As regards vacancy position, it is only a pretext for shelter of delay since in the cases of compassionate grounds the post has to be created as the currency is already available as one employ of higher grade is already reduced and an appointment has to be made in lieu.

So it is advised to have patient and approach (just get in touch) to the concerned department since you have not time and no money to fight the bureaucrats of the department in which your application is under consideration.  Please be practical since you are in crisis and increasing the crisis is not a good deal for you at this situation.

Best wishes. 

Basically there is no legal rights for compassionate appointment: but you can go through the Govt of India recommendations in this aspects.

(1.3) Compassionate appointment of son/daughter/near relative of deceased Government Servant-Consolidation instruction.

The Government of India have reviewed the scheme of compassionate appointments and in suppression of earlier OMs on the subject, have issued consolidated instructions as contained in their office Memorandum No.14034/1/77-Estt(D), dated 23.5.78. (not printed).  It has been decided that these instructions may now be followed in the CSIR and its Laboratories/Institutes henceforth.

     In order to lay down a uniform procedure for dealing with the cases of compassionate appointments the following further guidelines may kindly be adhered to:

1.     The appointments to posts of LDC or any other Group 'C' post of comparable rank may be approved by the Directors of the National Laboratories/Institutes under their own powers as "Head of Department" in accordance with the provisions and subject to the conditions mentioned in the Govt. of India O.M. as mentioned above.  For making appointments to Group 'D' Posts, prior approval of the DG-CSIR may be obtained by the laboratories/Institutes for filling up of such posts in relaxation of the ban imposed thereon.

2.    Prior approval of the DG-CSIR is also necessary in the following types of cases:-

        i.            where relaxation of qualifications is involved.

      ii.            where there is an earning member in the family, and it is proposed to appoint another member of the family on compassionate grounds.

    iii.            where belated appointments are involved, i.e. appointments to be made after a period of two years of the death of the CSIR employee.

3.    For the purpose of making reservations upto 3% of posts falling vacant in a calendar year, technical, auxiliary technical and administrative post's in Group 'C' and technical and non-technical posts in Group 'D' will be treated as separate cadres, While referring cases to this office, suitable Justification may please be given invariably. 

(CSIR letter No. 17(108)/76-E.II, dated 24th August, 1978

(1.3.2) Compassionate appointment of son/daughter/near relative of deceased Government Servant-Consolidated instruction.

The Government o f India have further reviewed the scheme of making compassionate appointments and in suppression of their earlier office Memorandum No. 14034/1/77-Estt(D) dated 23.5.78, have issued revised consolidated instructions as contained in their Office Memorandum No. 14014/1/77-Estt.(D). dated 25.11.1978 (not printed).  It has been decided that these instruction may be followed in the C.S.I.R. and its Laboratories/Institutes henceforth, in suppression of our earlier letter of even number dated 24.8.78 on the subject.

In order to lay down a uniform procedure for dealing the cases of compassionate appointment, the following further guidelines may kindly be adhered to:-

1.     Prior approval of the Director General, C.S.I.R. is also necessary in the following types of cases

        i.            for filling up of a post in Group 'C' if it is lying vacant for more than six months;

      ii.            for filling up of all Group 'D' posts in relaxation of the ban imposed thereon by Vice-President, C.S.I.R.;

    iii.            where relaxation of qualifications is, involved;

    iv.            where there is an earning member in the family, and it is proposed to appoint another member of the family on compassionate grounds, and

      v.            Where belated appointments are involved, i.e. appointments to be made after a period of two years of the death of the C.S.I.R. employee.

2.     It may also please be ensured that the number of such posts do not exceed substantially and significantly 50% of the vacancies in any calendar year, after allowing reservations for Scheduled Castes/handicapped persons and other prescribed categories.

(CSIR letter No. 17(108)/78-E.11, dated, 6th July, 1979)

(1.3.3 )  Compassionate appointment of son/daughter/near relative of deceased Government servant-Consolidated instructions.

Reference CSIR Circular letter No. 17(108)/78-E.II, dated 6th July, 1979.  CSIR have since reviewed the position with a view to eliminating routine references to CSIR Headquarters and it has been decided that henceforth all cases of compassionate appointments will also be dealt with and decided at Lab. level strictly in accordance with the Govt. instructions.  The following points may kindly be specially kept in view :-

        i.            According to the Govt. of India instructions, relaxation of qualification is permissible only in the case of widow. Therefore, no relaxation of qualification may be granted in any other cases 

      ii.            All compassionate appointment whether in category 'C' or category 'D' will be made only against clear vacancies arising in a laboratory/Instts. after 1-6-1986.  In any case, no vacancy existing in a lab./Instts., prior to 1-6-1986, will be utilized for offering compassionate appointment

    iii.            In case a dependent of an employee of a Lab/lnstt. seeks employment on compassionate grounds in another Lab./Institute, the request may be considered in consultation with the Labs./Instts. concerned.

    iv.            Each Lab./lnstt. will ensure that number of such posts where compassionate appointments are made do not exceed substantially and significantly by 50% of the vacancies in any calender year after allowing reservation for SC/ST/Handicapped personnel and other prescribed categories.

(CSIR letter No. 5(14)/87-E.II, dated 3rd April, 1987.)

(1.3.4) Compassionate appointments - Clarification Reg.

    Reference DO letter No.2/89/91-SC/ST, dated 15th July 1992 from Joint Secretary(Adm) conveying instructions of DG-CSIR in the matter of filling up of posts and inter-alia clarifying that there was no ban on filling up of backlog vacancies earmarked for SC/ST categories under the Special Recruitment Drive. (Please see para 3.1.8)

1.     The Govt. of India has now decided that there will be no ban on making compassionate appointments; a copy of     Govt. of India O.M. No. 14014/22/92-Estt.(D), dated 25th January 1993 is enclosed for your ready reference. (not printed)

2.     You are requested kindly to follow these instructions subject to observance of guidelines instructions issued by CSIR from time to time in the matter.

(CSIR letter No. 17(108)/78-E.II, dated 16th February, 1993.)

(1.3.5) Compassionate appointment of son/daughterlnear relative of deceased Government servant-consolidated instructions.

Reference :

        i.            Letter No.5(14)/87-E.II, dated 3.4.1987 delegating powers for making compassionate appointment to the Heads of Labs./lnstts.; and

      ii.            Letter No. 17(108)/78-E.II, dated 7th/I2th July, 1987 forwarding a copy of DPT No. 14014/6/86- Estt.(D) dated 30.6.87 containing latest consolidated guidelines for making compassionate appointments.

    Prior to decentralisation of powers, all proposals for compassionate appointments were being considered at the CSIR Hqrs. with a view to examining them within the instructions/guidelines laid down by the Government of India and for maintaining uniformity in the matter of clearance of such appointments.  However, it has been noted for some time that after decentralisation of this work in 1987 some Labs./lnstts. are not following these instructions/guidelines; in some cases, such appointments are made in higher grades.  Such decisions are not in keeping with the spirit of these instructions/guidelines of Government of India.

    It may kindly be noted that compassionate appointments in deserving cases could be made only in the initial grades against Group-C or Group D posts and the persons so appointed should have academic/technical qualifications and experience laid down for such posts.  The concession should be extended only in really deserving cases after taking into consideration the number of dependents, assets and liabilities left by the deceased employee, benefits received by the family under various welfare Schemes etc.

    It is, therefore, emphasised that the appointment on compassionate grounds shall be considered only in deserving cases and are made at the initial grades of Group-C or Group-D, as the case may be, depending upon the qualifications etc. possessed by the family member (s) of the deceased employee.  However, if in any exceptional case, it is considered necessary to offer appointment at higher grades of Group-C or Group-D, the appointment should be made only with the prior approval of the DG CSIR, for which the proposal with all necessary details/documents should be referred to CSIR for clearance.

    (CSIR letter No. 17(108)/78-E.II, dated 20th September, 1993.)

(1.3.6) Appointment on compassionate grounds.

    There being no ban on filling up of the vacancies on compassionate appointments, you may consider such appointments against available vacancies with or without 10% cut in the sanctioned strength, strictly as per GOI instructions on the subject of compassionate appointments.  However, if there is no post vacant after applying 10% cut and compassionate appointment could be done only without 10% cut, then in that case, the post so filled up will be required to be adjusted against the future vacancies, which become available with 10% cut in the sanctioned strength.

    (CSIR letter No. 14(2)/95-E.II, dated 18th May, 1995)

(1.3.7) Sub: Appointment of Son/Daughter/Close relatives for Group 'C' & 'D' post on compassionate Grounds.

Reference:  CEERI,Pilani letter No. 11(52)/78-Estt., dated 18.11.1992 and subsequent reminder, dated 11.12.19925   it is informed that:-

1.     There is no ban on filling up of vacant posts in Group 'C' & 'D' on compassionate grounds subject to fulfilment of Govt. of India/CSIR instructions issued from time to time.

2.     Regarding filling of posts falling vacant due to resignation/retirement/death on or after imposition of ban, prior approval of DGSIR is necessary before notifying and/or filling of vacancies already notified prior to.issue of ban instructions except those meant for filling up through DPC System.

(CSIR Letter Nol4(14)/90-E.II(U-2), dated 28th Dec., 1992 addressed to CEERI, Pilani.)

YES ofcourse "The appointment on compassionate grounds is not a matter of rights".  It is just sympathetic provision to provide bread to the family who suddenly & accidently come under crisis.  Remember that all the public service expenses are burden on the head of the people of India.  It is the "Meherbani by Indian citizens.

Every action by public service should be in public interest and what is public interest in giving compassionate appointments ?  Since it is a democratic nation / a welfare state for welfare of people and so some special considerations are provided for extra-ordinary individual and the compassionate ground appointments are considered to provide bread.  If the applicant is Ph.D so it is not his claim for the post of professor and it is not practical that every department to open a college to give appointment on compassionate grounds to a applicant since he/she is a Ph.D.  Whatever work available that can only be given so that public work will also be fulfilled and the family of deceased will also get opportunity to earn.

This is the policy and appropriate too.

Except in some rarest of the rare case Compassionate appointment should not be done in routine manner, as this will be very dangerous, as I have seen some post becoming a heriditary post.