Introduction and Objective of Compassionate Appointment in Punjab Haryana by High Court Chandigarh
The object of the Compassionate appointment 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 and to relieve the family of the Government Servant Concerned from financial destitution and to help it get over the emergency Compassionate Appointment in Punjab Haryana Chandigarh High Court
1. Under what provisions of Government, appointments on compassionate grounds are regulated?
The appointments on compassionate grounds against a post in Central Government are regulated in terms of the provisions of “Scheme for Compassionate Appointment under Central Government” issued under Department of Personnel & Training O.M. No. 14014/6/1994- Estt(D) dated 09.10.1998, as amended from time to time. All the instructions on compassionate appointments have been consolidated vide O.M. 14014/02/2012-Estt(D) dated 16.01.2013 and are available on the Department’s website www.persmin.nic.in (OMs & Orders > Establishment > (A) Administration (III) Concessions in Appointments (a) Compassionate Appointments).
2. What is the objective of scheme for compassionate appointments?
The objective of the Scheme is to grant appointment on compassionate grounds to a dependent family member of a Government servant who has died while in service or who is retired on medical grounds before attaining the age of 55 years (57 years for erstwhile Group ‘D’ employees), thereby leaving the family in penury and without any means of sustainable livelihood so as to provide relief to the family of the Government servant concerned from financial destitution and to help it get over the emergency.
3. Is the Scheme applicable to member of Armed Forces?
Yes. Dependent family member of a Armed Force personnel can be considered for appointment against a civilian post within any establishment/organisation under the Ministry of Defence, if the armed force personnel: a) Dies during service; or b) Is killed in action; or c) Is medically boarded out and is unfit for civil employment
4. Can dependents of a deceased government employee who committed suicide be considered for compassionate appointment? Compassionate Appointment in Punjab Haryana Chandigarh High Court
The appointments on compassionate grounds against a post in Central Government are regulated in terms of the provisions of “Scheme for Compassionate Appointment under Central Government” issued under Department of Personnel & Training O.M. No. 14014/6/1994- Estt(D) dated 09.10.1998, as amended from time to time. All the instructions on compassionate appointments have been consolidated vide O.M. 14014/02/2012-Estt(D) dated 16.01.2013 and are available on the Department’s website www.persmin.nic.in (OMs & Orders > Establishment > (A) Administration (III) Concessions in Appointments (a) Compassionate Appointments).
Yes. If the family satisfies the criteria to be considered for compassionate appointment (see S. No. 29).
Age Limit for appointment on compassionate grounds
5. What is the upper and lower age limit for making compassionate appointment?
The age limits would be based on the Recruitment Rules of the post to which the compassionate appointment is proposed to be made.
6. Whether upper age limit prescribed for a post can be relaxed while making appointment on compassionate ground?
Yes. Upper age limit can be relaxed wherever found to be necessary.
7. Whether lower age limit prescribed for a post can be relaxed while making appointment on compassionate ground?
No. The lower age limit cannot be relaxed below 18 years of age.
8. What is the crucial date for determining age eligibility for appointment on compassionate grounds?
Age eligibility shall be determined with reference to the ‘date of application’ for compassionate appointment.
9. Which authority is competent to grant relaxation of upper age limit?
Authority competent to take a final decision for making compassionate appointment in a case is the competent authority to grant relaxation of upper age limit.
10. Is there any restriction of age limit of medically retired government servant for consideration of cases of dependents for compassionate appointment?
Yes. The Government servant should have retired on medical grounds before attaining the age of 55 years (57 years for erstwhile Group D employees). Compassionate Appointment in Punjab Haryana Chandigarh High Court
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Definition of a Dependent Family Members
11. Who are considered dependent Family Members for the purpose of consideration of appointment on compassionate grounds? Compassionate Appointment in Punjab Haryana Chandigarh High Court
Dependent Family Member means:
a) spouse; or Compassionate Appointment in Punjab Haryana Chandigarh High Court
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, as defined in S.No. 3, 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. Compassionate Appointment in Punjab Haryana Chandigarh High Court
12. Whether a ‘married daughter’ can be considered for compassionate appointment?
Yes, but subject to conditions: Compassionate Appointment in Punjab Haryana Chandigarh High Court
i. That she was wholly dependent on the Government servant at the time of his/her death in harness or retirement on medical grounds Compassionate Appointment in Punjab Haryana Chandigarh High Court
ii. She must support other dependents members of the family.
13. Whether ‘married son’ can be considered for compassionate appointment?
No. A married son is not considered dependent on a government servant.
14. Whether ‘married brother’ can be considered for compassionate appointment?
No. A married brother is not considered dependent on a government servant.
15. Whether dependent of an employee working on ‘daily wage or causal or apprentice or ad-hoc or contract or re-employment’ basis can be considered for compassionate appointment?
No. Only the dependent of regular government employee can be considered for compassionate appointment.
16. Whether dependent of “confirmed work-charged staff” can be considered for compassionate appointment? Compassionate Appointment in Punjab Haryana Chandigarh High Court
Yes. Confirmed work-charged staff is covered by the term Government servant.
17. Whether a widow appointed on compassionate ground be allowed to continue in service after re-marriage? Compassionate Appointment in Punjab Haryana Chandigarh High Court
Yes.
18. Whether dependent of deceased government employee can be considered for compassionate appointment when there is an earning member in the family?
Yes. 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 Government servant, income of the earning member as also his liabilities including the fact that the earning member is residing with the family of the Government servant and whether he should not be a source of support to other members of the family.
19. Whether dependent of a missing government employee can be considered for compassionate appointment? Compassionate Appointment in Punjab Haryana Chandigarh High Court
Yes. Subject to conditions prescribed in this Department O.M. dated 09.10.1998, dependent family of missing government employees can be considered for compassionate appointment.
Competent Authority for Compassionate Appointments
20. Who is the competent authority to make appointment on compassionate grounds in case of a Ministry / Department? Compassionate Appointment in Punjab Haryana Chandigarh High Court
a) Joint Secretary in-charge of administration in the Ministry / Department concerned;
b) Head of the Department under the Supplementary Rule 2(10) in case of attached and subordinate office;
c) Secretary in the Ministry/Department concerned in special type of cases;
Posts/vacancies against which compassionate appointments can be made
21. Against which group of posts a compassionate appointment can be made?
Compassionate appointment can be made only upto 5% of vacancies falling under direct recruitment quota in Group ‘C’ posts (Including erstwhile Group ‘D’ posts) in a ‘recruitment year’. The manner of determination of vacancies has been explained in the consolidated instructions on compassionate appointment dated 16.01.2013
22. How do we make appointment on compassionate grounds in small offices/cadres in which there are less than 20 direct recruitment vacancies in a ‘recruitment year’, the minimum vacancies required to make a compassionate appointment?
Group ‘C’ 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 ‘in a year’, 5% may be filled up on compassionate grounds subject to the condition that appointment on compassionate grounds in any such post should not exceed one. For the purpose of calculation of vacancies for compassionate appointment, fraction of a vacancy either half or exceeding half but less than one may be taken as one vacancy.
23. How are vacancies for appointment on compassionate grounds to be calculated in small Ministries / Departments where sufficient vacancies do not arise, year after year, for making compassionate appointment? Compassionate Appointment in Punjab Haryana Chandigarh High Court
The small Ministries / Departments may apply a more liberalized method of calculation of vacancies under 5% quota for compassionate appointment. Small Ministries / Departments, for the purpose of these instructions, are defined as organizations where no vacancy for compassionate appointment could be located under 5% quota for the last 3 years. Such small Ministries/Departments may add up the total of DR vacancies in Group ‘C’ and erstwhile Group ‘D’ posts (excluding technical 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. This is subject to the condition that no compassionate appointment was/has been made by the Ministries/Departments during 3 years or number of years taken over and above 3 years for locating one vacancy under 5% quota. Compassionate Appointment in Punjab Haryana Chandigarh High Court
24. Can compassionate appointment be made against a Group ‘A’ or Group ‘B’ post?
No. Compassionate Appointment in Punjab Haryana Chandigarh High Court
25. Can compassionate appointment be made to a Group ‘A’ or Group ‘B’ post if the dependent has higher qualifications? Compassionate Appointment in Punjab Haryana Chandigarh High Court
No.
26. If compassionate appointment cannot be given in a year, can it be considered in the next recruitment year? Compassionate Appointment in Punjab Haryana Chandigarh High Court
Yes. There is no time limit for compassionate appointment. A request for compassionate appointment can be carry forward to next or more years, but the total compassionate appointment made in a year should not exceed 5% limit of the direct recruitment Group C quota.
27. Can compassionate appointment be made against a future vacancy?
No. Compassionate appointment can be made only if a regular vacancy is available for that purpose. No appointment can be made against a future vacancy.
28. Whether the administrative Ministry / Department / Office are required to prepare a waiting list for appointment on compassionate ground?
No. Since no compassionate appointment can be made against a future vacancy, no waiting list is to be prepared.
29. Can a Committee constituted in a Ministry/Department for considering the request for appointment on compassionate ground recommend persons for appointment against the next year vacancy? Compassionate Appointment in Punjab Haryana Chandigarh High Court
No. The recommendation of the Committee should be limited to existing vacancies only. No recommendation for appointment on compassionate ground can be made against a future vacancy.
30. Can appointment on compassionate grounds be made against a Technical post?
Yes. Compassionate appointment can also be made against technical ‘posts’ at Group ‘C’ and erstwhile Group ‘D’ level. The 5% quota of vacancies will be calculated on the basis of total DR vacancies arising in a year against the technical posts.
31. Is reservation roster applicable to compassionate appointments?
Yes. 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.
Criteria for consideration of the desirability of compassionate appointments.
32. What are criteria for determining eligibility of a person for consideration for compassionate appointments:
Following factors are to be mandatorily taken into consideration for making compassionate appointment
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.
The onus for examining the penurious condition of the dependent family rest with authority making compassionate appointment. Courts have clearly stated in various judgments that offering compassionate appointment as a matter of course, irrespective of the financial condition of the family of the deceased or medically retired Government servant, is untenable.
Exemptions admissible for compassionate appointees
33. What are exemptions available to administrative Ministry/Departments while making compassionate appointment?
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. Compassionate Appointment in Punjab Haryana Chandigarh High Court
c) The ban orders on filling up of posts issued by the Ministry of Finance (Department of Expenditure)
34. Whether a person appointed as LDC on compassionate ground exempted from requirement of passing the type writing test.
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.
35. Whether a person who does not fulfill education qualification of a post can be appointed on compassionate ground?
Yes. A person who does not fulfill educational qualification of a post can be appointed as “Trainee”.
36. Whether Government Department can appoint a widow who does not fulfill educational qualification requirement of a post?
Yes. In case a widow who does not fulfill educational requirement of a post is considered for compassionate appointment, she can be appointed only against a multi-tasking staff post provided the appointing authority is satisfied that she can satisfactorily perform duties of the post with the help of some on job training.
37. Can dependents of deceased government employee be considered for appointment on compassionate ground on casual/daily wage/adhoc /contract basis?
No. Only regular appointment can be made on compassionate grounds against a regular vacancy.
Time-Limit for considering cases of compassionate appointments
38. Is there any time limit for considering a case for compassionate appointment?
Subject to availability of a vacancy and instructions on the subject issued by this Department, as amended from time to time, any application for compassionate appointment can be considered without any time limit subject to the merit of each case (see criteria mentioned in S.No. 32).
39. Can a Department consider belated requests for compassionate appointment?
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. While considering such belated requests it should, however, 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 an adequate proof that the family had some dependable means of subsistence.
40. Can the cases which were closed on completion of 3 years’ time-limit as provided in DOPT OM dated 5.5.2003, be re-opened after the waiver of time-limit in DoPT OM dated 26.07.2012?
Yes, provided that the cases were closed due to non-availability of vacancies during the 3 year time-period and subject to the criteria mentioned in S.No. 32 and S.No. 39. Such cases should not be opened merely because the time limit has been waived off.
41. Whether belated case of compassionate appointments against the Group D can be considered now after regularization of all Group `D’ employees as Group `C’ employees.
The belated cases of compassionate appointment are to be considered as per the revised recruitment rules for the MTS posts.
Status and admissibility of pay /allowances of a Trainee
42. What will be Status of Trainee?
A person appointed as ‘Trainee’ enjoys the Status of Government servant from initial day and will be allowed all the allowances and benefit allowed to a government servant.
43. What will be maximum time period allowed for a person appointed as ‘Trainee’ to acquire minimum education qualification?
A person appointed as a ‘Trainee” on compassionate grounds has to acquire minimum educational qualifications in 5 years.
44. Whether a person appointed on compassionate grounds as ‘Trainee’ will have probation period.
Yes. The probation period, as specified in Recruitment rules of the post/grade against which he/she is appointed would commence from the date he/she acquires minimum educational qualifications.
45. Whether Earned Leave, Half pay leave and other types of leave as applicable to regular Government employees would be admissible to a Trainee?
A `Trainee’ appointed on compassionate ground would be entitled for all kinds of leave allowed to a regular Government servant.
46. Admissibility of Leave Travel concession as applicable to regular government servants?
A ‘Trainee’ appointed on compassionate ground would be allowed LTC concession only on completion of one year service.
47. Is a Trainees appointed on compassionate grounds entitled to Medical facilities/ Benefit of CGEGIS/CGHS and Children Educational Allowance.
Yes. As allowed to a regular government servant in the pre-revised pay scale of Rs. 4440-7440/- without grade pay. However, he would not be entitled to OTA during the period as a Trainee.
48. Admissibility of New Pension Scheme
Yes. As allowed to a regular government servant in the pre-revised pay scale of Rs. 4440-7440/- without grade pay
49. Whether dependent of a Trainee appointed on compassionate grounds entitled to compassionate appointment.
Yes.
Miscellaneous
50. Which administrative authority is responsible for informing the dependents of deceased government employee or a medically retired official about the scheme for compassionate appointment?
Welfare Officer of the concerned Ministry/Department/Office is responsible for appropriate counselling and facilitating the process of compassionate appointment of the dependent of a deceased or medically retired Government employee.
51. Whether maintenance of the family of the deceased employee is responsibility of person appointed on compassionate ground?
Yes. A person appointed on compassionate grounds under the scheme has to give an undertaking in writing that he/she will maintain properly the other family members who were dependent on the Government servant/member of the Armed Forces in question and in case it is proved subsequently (at any time) that the family members are being neglected or are not being maintained properly by him/her, his/her appointment may be terminated forthwith.
52. Once a person has been appointed on compassionate ground, can be considered eligible for consideration for appointment on compassionate ground against another post?
No. 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 and 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.
53. Can an appointment on compassionate ground be transferred from one person to another person?
Appointment made on compassionate grounds cannot be transferred to any other person and any request for the same on considerations of compassion is invariably to be rejected.
54. How is the seniority of a person appointed on compassionate ground to be determined?
A person appointed on compassionate ground in a particular recruitment year may be placed at the bottom of all the candidates recruited/appointed through direct recruitment, promotion etc. in that year, irrespective of the date of joining of the candidate on compassionate ground.
55. Can service of an employee appointed on compassionate grounds terminated for not fulfilling the terms and condition of offer of appointment.
The compassionate appointments can be terminated on the ground of noncompliance 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.
56. Can a dependent of deceased government employee who held the erstwhile Group ‘D’ now MTS post, considered for appointment on compassionate ground against a Group ‘C’ post?
Yes. A family member of erstwhile Group ‘D’ post Government servant (now MTS) 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.
57. Can an application on compassionate ground rejected because the family of the deceased government employee has received benefits under various welfare scheme?
No. An application for compassionate appointment cannot be rejected merely on the ground that the family of the Government servant has received the benefits under the various welfare schemes and will have to be considered on the basis of criteria mentioned in S.No. 32 and S.No. 39.
58. Can an application on compassionate ground be rejected on the ground of re-organisation in the Ministry/Department/ Office?
No. Compassionate appointment cannot be denied or delayed merely on the ground that there is re organisation 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 (see criteria mentioned under S.No. 32).
59, Can courts order appointment on compassionate grounds?
The Supreme Court has held in its Judgment dated February 28, 1995 in the case of the Life Insurance Corporation of India 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.
Appointment On Compassionate Grounds Is Not A Vested Right That Can Be Exercised At Any Time: Delhi HC in case titled Rakesh Kumar Versus BSNL decided on 26.02.2018.
Appointment on compassionate grounds is not a “vested right” which can be exercised despite a long period of time having passed since the employee’s death, the Delhi High Court has held. Upholding an order denying appointment on compassionate grounds to the son of a deceased Bharat Sanchar Nigam Limited (BSNL) employee, Justice Pratibha Rani observed, “After 13 years of the demise of his father, the petitioner, who by now is a married man having a family, could not have been given compassionate appointment as it is not a vested right which can be exercised at any time. The purpose behind such an appointment is to provide immediate succor against destitution to the family of the deceased employee by giving due consideration to the services rendered by him till he was alive as well as to address a legitimate expectancy of the survivors seeking a financial tide over due to the sudden death of the sole earning member.”
The Court was hearing a Petition filed by one Mr. Rakesh Kumar Singh Bisht, whose father passed away in September, 2005 while in service as a Phone Mechanic in BSNL in Uttaranchal Circle. Mr. Bisht was 19 at that time and applied for appointment on compassionate grounds the same year.
During the pendency of his application in 2007, BSNL introduced the ‘weightage point system’ for making such appointments. Under this system, only those with 55 or more net points on the relevant criteria are considered ‘indigent’ and eligible for such appointment. Mr. Bisht was then denied appointment on the ground that he had secured only 37 points on this scale. He had now challenged the order, contending that any change or amendment to the policy cannot be implemented retrospectively. He had further pointed out that the effect of inordinate delay on the part of the authorities cannot be utilized to his disadvantage by relying on a policy issued during the pendency of his application. At the outset, the Court noted the settled legal position in case of appointment on compassionate grounds and observed, “The legal position is well settled that appointment on compassionate ground is not a source of recruitment, but merely an exception to the requirement regarding appointments being made on open invitation of applications on merits. The underlying intention is on the death of the employee concerned, his family is not deprived of the means of livelihood. The object is to enable the family to get over the sudden financial crisis faced by them on the demise of the sole earning member.” Deprecating the practice of providing “backdoor entry” to dependents of such employees after long periods of time had elapsed, the Court further observed, “We have been noticing that the gesture of the employer towards the dependents in consideration of the services rendered by the deceased employee, has, in fact, become akin to a right to inherit. We cannot lose sight of the fact that there is cut-throat competition to seek public employment, but even after decades of the death of the employee, backdoor entry is being provided to the dependents of the deceased employee even when the family has already overcome the crisis.” It then noted that the delay in the Petitioner’s application was due to the fact that both, him and his mother had staked a claim for the appointment and rapped the Petitioner for misusing the provision, observing, “This writ petition is another glaring example of how in the name of compassion, even after the decades of the death of the bread earner of the family, the policy of the Government to provide employment to the dependent of the deceased employee to save the family from starvation, is being misused. Despite overcoming the crisis, if any, due to the death of the employee, the dependents continue to litigate to seek a back door entry in the name of compassion.”
