Compassionate Appointment
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).
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.
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
Yes. If the family satisfies the criteria to be considered for compassionate appointment (see S. No. 29).
The age limits would be based on the Recruitment Rules of the post to which the compassionate appointment is proposed to be made.
Yes. Upper age limit can be relaxed wherever found to be necessary.
No. The lower age limit cannot be relaxed below 18 years of age.
Age eligibility shall be determined with reference to the ‘date of application’ for compassionate appointment.
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.
Yes. The Government servant should have retired on medical grounds before attaining the age of 55 years (57 years for erstwhile Group D employees).
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, 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.
Yes, but subject to conditions:
i. That she was wholly dependent on the Government servant at the time of his/her death in harness or retirement on medical grounds
ii. She must support other dependents members of the family.
No. A married son is not considered dependent on a government servant.
No. A married brother is not considered dependent on a government servant.
No. Only the dependent of regular government employee can be considered for compassionate appointment.
Yes. Confirmed work-charged staff is covered by the term Government servant.
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.
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.
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;
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
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.
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.
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.
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.
No. Since no compassionate appointment can be made against a future vacancy, no waiting list is to be prepared.
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.
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.
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.
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.
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)
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.
Yes. A person who does not fulfill educational qualification of a post can be appointed as “Trainee”.
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.
No. Only regular appointment can be made on compassionate grounds against a regular vacancy.
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).
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.
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.
The belated cases of compassionate appointment are to be considered as per the revised recruitment rules for the MTS posts.
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.
A person appointed as a ‘Trainee” on compassionate grounds has to acquire minimum educational qualifications in 5 years.
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.
A `Trainee’ appointed on compassionate ground would be entitled for all kinds of leave allowed to a regular Government servant.
A ‘Trainee’ appointed on compassionate ground would be allowed LTC concession only on completion of one year service.
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.
Yes. As allowed to a regular government servant in the pre-revised pay scale of Rs. 4440-7440/- without grade pay
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.”