Scheme for engagement of a dependent of deceased GDS on compassionate grounds - clarification

Dopt Clarification on Definition of a Dependent Family Member – Whether ‘married son’ can be considered for compassionate appointment?

G.I., Dep.of Per. & Trg., O.M.No.14014/02/2012-Estt(D), dated 25th February, 2015

Department of Personnel & Training

Establishment ‘D’ Section

Frequently Asked Questions (FAQs) on Compassionate Appointment

Definition of a Dependent Family Member

S.No. Question and Answer

60. Whether ‘married son’ can be considered for compassionate appointment?

Yes, if he otherwise fulfils all the other requirements of the Scheme i.e. he is otherwise eligible and fulfils the criteria laid down in this Department’s O.M. dated 16th January, 2013. This would be effective from the date of issue of this FAQ viz. 25th February, 2015 and the cases of compassionate appointment already settled w.r.t. the FAQs dated 30th May, 2013, may not be reopened.

Sr.No.13 of the FAQs dated 30th May, 2013 may be deemed to have been modified to this extent.

Authority: www.persmin.gov.in

Consideration of Married Son as dependent family member for the purpose of compassionate engagement to GDS posts

Consolidated Instructions on compassionate appointment – Dopt Orders on 7.10.2014

F.No.14014/02/2012-Estt. (D) 

Government of India 

Ministry of Personnel, Public Grievances and Pensions 

Department of Personnel & Training

North Block,

New Delhi

Dated the 7th October, 2014

OFFICE MEMORANDUM

Subject:- Consolidated Instructions on compassionate appointment — regarding.

The undersigned is directed to invite attention to this Department’s O.M. of even number dated 16th January, 2013 vide which Consolidated Instructions on compassionate appointment were issued. In Part —A of the Proforma annexed at pages 15-18 therein, the candidate applying for compassionate appointment has to furnish a declaration/undertaking to the effect that the facts given by him/her are, to the best of his/her knowledge, correct and if any of the facts herein mentioned are found to be incorrect or false at a future date, his/her services may be terminated. The candidate has to also furnish a declaration that he shall maintain properly the other family members who were dependent on the deceased government servant/member of the Armed Forces mentioned against 1(a) of Part-A of this form and in case it is proved at any time that the said family members are being neglected or not being properly maintained by him/her, his/her appointment may be terminated. This declaration/undertaking has to be countersigned by two permanent government employees.

Dopt Orders on the recommendation of department related Parliamentary Standing Committee on Compassionate Appointment...

Parliament Committee Matter

IMMEDIATE

No.41013/1/2013-Estt(D)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

New Delhi-110 001

Dated 8th July, 2014

OFFICE MEMORANDUM

Subject: Recommendation of Department Related Parliamentary Standing Committee on Compassionate Appointment – Regarding

The undersigned is directed to invite reference to this Department’s Office Memorandum of even number dated 25.03.2013 and subsequent reminder dated 26.5.2014 on the above mentioned subject wherein all the Ministries/Departments were requested to furnish an annual report in the enclosed proforma latest by 30th April of every year, indicating the status of implementation of Government instructions on compassionate appointment as on 31st March of that year.

2. It is observed that the Ministries/Departments of Government of India and their subordinate/attached offices are furnishing the requisite information in a piecemeal and haphazard manner, compilation of which is a time consuming and difficult exercise for this Department.

3. In view of the above, the Ministries/Departments are requested to furnish the requisite information in a consolidated manner, including the information in respect of their subordinate/attached offices.

sd/-

(Mukta Goel)

Director(E-I)

Source : www.persmin.gov.in

Age relaxation in appointments to Widows / Divorced or Judicially separated Woman - up to the age of 35 years

To view, please CLICK HERE

Review of three years time limit for making compassionate appointment

• N

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

GDS COMPASSIONATE APPOINTMENT - CLARIFICATION - ISSUED BY DIRECTORATE

    To view Directorate's memo, please   click here

Frequently Asked Questions (FAQs) on Compassionate Appointment

To view Department of Personnel & Training Establishment 'D' Division No. 14014/02/2012-Estt.(D) Dated 30th May, 2013 please click here