Appointment on compassionate grounds – Clarification

S.No.

Clarification sought

Board’s decision

1

Where the employees while in service become crippled or develop serious ailments like heart diseases cancer whether the wife is eligible for appointment on compassionate grounds.

In terms of Board’s letter of 30.4.1979 only a son/daughter would be eligible for appointment on compassionate grounds, if the employee opts to retire. Board’s intention is not to extend the scope of the existing orders further as employees seek retirement at a fairly advanced age and the retirement bene­fits are considered enough to safe­guard the interest of the wife.

2

Whether non-student sons above 21 years and/or married daughters can be considered for appointment on compassionate grounds.

While there is no ban according to rules, GMs should satisfy themselves that the married daughter will be the bread-winner of the bereaved family.

3

Whether a son-in-law may be considered for appointment on compassionate grounds.

No.

4

Whether in the case of substitutes / casual labourers who die in harness appointment could be offered, where the substitutes have attained temporary status or where they have been empaneled but not absorbed.

The intention of extant orders is to give benefits only to staff who are regular employees.

5

Whether candidates possessing matriculation or equivalent qualification but having no knowledge of English should be subjected to suitability test before appointment.

The instructions prescribe only possession of minimum educational qualifications. As such there is no need to hold written test and/or interview.

6

Whether cases for appointment on compassionate grounds, which were considered prior to 30.04.1979, could be re-opened.

The intention is not to re-open past cases but where the cases were being processed on 30.04.1979 and had not been finalized, they should however, be considered.

7

Whether candidates with requisite qualifications for Class III but appointed in Class IV for want of vacancies can be considered for Class III appointment.

Since the appointments were made keeping in view the circumstances then prevailing, it will not be desirable to re-open the cases to consider them for Class III posts.

8

Whether the dependents of the deceased employee holding a diploma qualification in Engineer­ing could be granted appointment on compassionate grounds in the grade Rs.425-700 against direct recruitment quota.

Yes.

9

Definition of the words ‘Near Relative’ and whether ‘Near Relative’ refers to brothers/ sisters of the deceased employee.

No hard and fast rules can be laid for the purpose. A blood relation who is considered to be a bread-winner of the family can be considered as near relative for the purpose.

10

Where a near relative appointed on compassionate grounds refuses to support the family whether his services can be terminated since under the extant orders services of employee can be terminated only if there is contraction of the cadre or after following D&A rules.

The welfare organization should use its good offices in such cases.

11

Appointment of near relative should not be considered if son, daughter of a widow is already working, Whether these restrictions would apply in cases where son/ daughter is working in any private sector other than the Govt. Department.

It is not clear how this issue arises, as prior income verification is not provided.

12

Whether near relative can be considered for appointment if the family is able to sustain with the property left behind by the deceased.

If the widow requests for appointment on compassionate grounds, the property left behind by the deceased should not be considered as a bar for appointment to a near relative, in other words there should be no means test, pro­vided the near relative is bread-winner of the bereaved family.

13

The date from which instructions contain Ministry’s letter of even number of 25.08.1980 should be effective.

Instructions are applicable from the date of issue.

14

Whether appointment on compassionate grounds to a near relative can be offered where the employee or ex-employee has a daughter but cannot take up any employment.

This cannot be accepted.

15

Whether   Divisional   Railway Managers (Level I & Level II) can be delegated in the power to grant the employment in Group ‘C’ posts on compassionate grounds.

This power cannot be delegated to Divisions and have to be exercised by CPO only.

16

Whether Dy.CME/ SNW etc. having independent charge of units can be treated at par with DRMs. in the matter of exercising powers for making appointment on compassio­nate grounds in Class IV categories.

No, as they have been given independent charge for day-to-day working only.

17

Whether the benefit of compassionate appointment to sons or daughters could be extended in cases where the employee is medically incapacitated a few months/ days before retirement.

No general prescription of any specific period is contemplated by the Board.