Review of three years time limit for making compassionate appointment
F.No.14014/3/2011-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi,
Dated the 26th, July 2012
OFFICE MEMORANDUM
Subject : Review of three years time limit for making compassionate appointment.
The primary objective of scheme for compassionate appointment circulated vide O.M. No. 14014/6/94-Estt(D) dated 09.10.1998 is to provide immediate assistance to relieve the dependent family of the deceased or medically retired Government servant from financial destitution i.e. penurious condition. The Hon’ble Supreme Court in its judgment dated 05.04.2011 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”.
2. This Department’s O.M. No. 14014/6/1994-Esst.(D) dated 09.10.1998 provided that 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 was, however, to 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 call for a great deal of circumspection. The decision to make appointment on compassionate grounds in such cases was to be taken only at the level of the Secretary of the Department/Ministry concerned.
3. Subsequently vide this Department’s O.M. No.14014/19/2002-Estt.(D) dated 5th May, 2003 a time limit of three years time was prescribed for considering cases of compassionate appointment. Keeping in view the Hon’ble High Court Allahabad judgment dated 07.05.2010 in Civil Misc. Writ Petition No. 13102 of 2010, the issue has been re-examined in consultation with Ministry of Law. It has been decided to withdraw the instructions contained in the O.M. dated 05.05.2003.
4. The cases of compassionate appointment may be regulated in terms of instructions issued vide O.M. dated 09.10.1998 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.
sd/-
(Mukta Goel)
Director (E-I)
Source : www.persmin.nic.in
http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/14014_3_2011-Estt.D-26072012.pdf
Saikat Mukherjee says
sir my father died in harness on 28/11/2013 ,he was a primary school teacher under birbhum dpsc in west bengal .I applied for the job of my father in compassionate ground ,it was forwarded to bikash bhavan in 29.8.2014 bt they replied that i must qualify TET (Primaryteachers eligibility test)to get appointment ,so what can i do plz help me??my family is suffering from finiancial crisis
sachin says
plz send me info about cpwd job for compansation ground for peon
plz provide me info regarding this file no. 10(comp)/HD-4/EWC/1232
candidate name – sachin kumar s/0 late. mangal sain
thanks & regards
sachin kumar
Manjeet says
Sir
I am a govt servant and working with central civilian employee in 510 army base wksp, meerut cantt since mar 2004 (fresh entry ). I get NOC and select in railway through RRB and through Technical Resignation i join railway in apr 2012. Now I want to return in my previous employer 510 army base wksp meerut through Lien period rule. I want to know it is possible or not and lien period for two years is applicable or not, what latest guide line for lien period now.
Srinivas Rao says
can any one suggest me what is the procedure for compassionate ground, since 3 yrs i am waiting for that till now i haven’t got any response from the concern Authorities thing are dragging like any thing, how deceased families will survive they are least bother.
Anilkatageri says
I did not get job in compassionate ground due to reason the case is more than 3 year , the omffice memordaum 2003 that those servant death took place from 2001 onwards , those candidate got an appointment , Banglore charges, Karnataka, leaving me out saying that your case is your father death took place in 18-10-1999, the case is rejected by Income tax , Bangalore karnataka.
Now I came to know the news from central that Removal of time limit for making an appointment of compassionate ground removed by central dated 27-072012,
I came to conclussion where I shall applicable this government order issued on 27-07-2012 or no
what I action I would take or shall whom to approach
please give the solution
PRAJITH says
Its really like a God’s hand of support for people like me who have knocked almost all the doors of all authorities for getting a place in compassionate ground appointment but was kicked out saying the Three years time have already completed and hence i am not eligible for appointment. I had spend my 5 years seeking for a favorable orders from concerned authorities to get placed by compassionate appointment . Now this order had given a small charge to my diminishing expectations and pathetic living conditions.Now i whole kindheartedly pray to appointing authorities if they could do anything in my favor.
MOHD TAIYAB KHAN says
Sir,
IT IS SUBMITTED THAT THOSE PERSONNEL ARE QUALIFIED THEIR PROMOTIONAL CADRES AND ARE ELIGIBLE FOR FURTHER PROMOTION AND COMPLETED 3 YEARS OF REGULAR SERVICE IN THE SAME RANK MAY KINDLY BE CONSIDERED FOR FURTHER PROMOTION ..