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

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

Review of three years time limit for making compassionate appointment

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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

No.GDS ON COMPASSIONATE GROUNDS – MERIT POINTS AND PROCEDURE FOR SELECTION – CLARIFICATION REGARDING 17-17/ 2010-GDS

Government Of  India
Ministry Of Communications & IT
Department Of Posts
(GDS Section)

Dak Bhawan, Sansad Marg,
New Delhi -110001
Dated: 09.10.2013

Postmaster General
North East Circle
Shillong – 793001

SUBJECT : SCHEME FOR ENGAGEMENT OF A DEPENDENT OF DECEASED GDS ON COMPASSIONATE GROUNDS – MERIT POINTS AND PROCEDURE FOR SELECTION – CLARIFICATION REGARDING

This has reference to your office letter No. Staff/175 -SEL / 2013 dated 29.08.2013 on the subject cited above.

2. In this context, it may be clarified that the Scheme was initially introduced in case of GDS subject to the same condition applicable to regular employees under No. 43-212/79/Pen dated 04.08.1980.  With the introduction of the merit points and procedure for selection under letter of even number dated 14.12.2010 as amended from time to time, all conditions applicable to compassionate appointment scheme relating to regular employees continue to apply in matters the Scheme does not envisage a specific provision in the context of compassionate engagement of a dependent of the GDC [in case of death only].

3. However, the doubts raised are clarified as under, which are in conformity with the provisions applicable to regular employees:-

S,NO.	Point of doubt	Clarification
1	Whether in case of death of GDS staffs, some points/score system for “outstanding liabilities for Education/Marriage of dependent children” “will be similarly applicable to unmarried sisters  (Whether minor or major) in case of unmarried deceased official?	Yes.  Brother or sister in case of unmarried GDS are considered as dependent family members for the purpose of consideration of engagement on compassionate grounds.
2	In a case where the son of the deceased official who is applying for the job have attained majority age, working as cultivator, married and is having children residing with the family of the deceased, will he, his wife and children be considered as dependent of the deceased official or only he will be considered (without considering his wife and children as dependent) for earning points/scores for compassionate appointment?	None.  A married son is not considered dependent on a GDS.
3	What is the definition of family for considering compassionate appointment cases, whether grandchild/grandchildren of the deceased official (blood relation) will also be considered part of the family of dependent/liability for education and marriage (in case granddaughter) for earning points/scores for compassionate appointment?	No. The Scheme was initially introduced in case of GDS subject to the same conditions applicable to regular employees under No.43-212/79/Pen dated 04.08.1980.  The term defined in case of regular employees holds good in case of GDS also.  Grandchild/children are not considered dependent on a GDS, Dependent family member for the purpose means: (a) Spouse; or (b) Son (including adopted son);or (c) Daughter (including adopted daughter); or (d) Brother or sister in case of unmarried GDS
4	Whether brother also is a dependent of the deceased official and if so up to what age he will be considered dependent and will he be entitled for points/scores for all liabilities?	Unmarried brother is considered dependent in case of unmarried GDS irrespective of age provided he was wholly dependent on the GDS at the time of his/her death & he must support other dependent members of the family & thus entitles to points/scores for all liabilities.
5	In case of an unmarried daughter/Son residing with the family and who have discontinued study at the time of death of the deceased official, whether education will be taken as liability and if so, up to what age?	No. Points will be allowed in those cases only where the dependent family member was undergoing education at the time of death of the GDS.
6.	Whether divorced daughter returning to the family with children will be entitled for Points/ Scores for unmarried liability for  her subsequent ,marriage?	Yes.
7	Whether in case of death of departmental staff, the status of an only married daughter with husband staying with the family (with no other family member) of the deceased departmental official will be entitled to compassionate appointment in case of death of her father (a case of  Meghalaya) ?	So far as the matter is confined to compassionate engagement of dependent of the GDS is concerned, married daughter can be considered for compassionate engagement provided she was wholly dependent on the GDS at the time of his /her death in harness and she must support other dependent members of the family.

4. Contents of this letter may please be disseminated to all concerned. This issues with the approval of competent authority.

sd/-
(surender Kumar)
Assistant Director General (GDS)

source-http://nfpe.blogspot.in/search?updated-