Appointment on compassionate grounds – Consolidated Instructions

No.E(NG)III/78/RC-1/1, dated 07.04.1983

Sub: Appointment on compassionate grounds.

Instructions regarding appointment on compassionate grounds have been issued from time to time. The instructions currently in force are those contained in Board’s letter No.E(NG)III78/RC1/1, dated 30.04.1979 as modified from time to time thereafter. These have now been consolidated and are reproduced below for the information and guidance of all concerned.
(I) Circumstances in which Compassionate Appointments may be made:-
Appointments on compassionate grounds relate to those appointments, which can be made of dependents of Railway servants who lose their lives in the course of duty or die in harness otherwise while in service or are medically incapacitated. The circumstances in which appointments on compassionate grounds may be made are as below:

(i) When Railway servants lose their lives in the course of duty or get so crippled that they cannot do any work (this also in the course of duty – for example, loco and traffic running staff in-charge of trains involved in accidents).
(ii) When Railway employees die in harness while in service before retirement.
(iii) Where an employee’s whereabouts are not known for a period of 7 years and the settlement dues of the employee are paid to the family on this account. This limit of 7 years may be relaxed to 3 years on the merits of each case with the approval of the General Manager, subject to the condition that the services of the person appointed on compassionate grounds would be terminated in case the missing employee is traced subsequently.
(iv) When Railway employees become crippled while, in service or develop serious ailments like heart diseases, cancer, etc. or otherwise medically de-categorized for the job they are holding and no alternative job of the same emoluments can be offered to them.
Note: The appointment on compassionate grounds is admissible to the dependents/ wards of regular employees only.

(II) Persons Eligible to be Appointed on Compassionate Grounds:-
Son/ daughter/ widow/ widower of the employees are eligible to be appointed on compassionate grounds in the circumstances in which such appointments are permissible. The benefit of compassionate appointments may also be extended to a “Near Relative”. The eligibility of a near relative will be subject to the following conditions:-

(i) The employee or the ex-employee should have no son or daughter or the son or daughter is a minor one and the wife/ widow/ widower cannot take up an employment.
(ii) A clear certificate should be forthcoming from the wife/ widow/ widower that the near relative will act as the bread winner of the family.
(iii) If the family certifies at a later date that the near relative who was appointed on compassionate grounds refuses to support the family the services of that employee are liable to be terminated.
(iv) Once a near relative is appointed on compassionate grounds no further appointment should be given later to a son, a daughter or the wife/ widow/ widower of the employee on compassionate grounds. The appointment of a near relative should not be considered if a son or the daughter or wife/ widow/ widower is already working and is earning.
Note (B): Near relatives would normally mean a blood relation who can be considered to be a bread-winner for the family.

(III) Time Limit for Making Compassionate Appointments:-
Normally all appointments on compassionate grounds should be made within a period of 5 years from the date of occurrence of the event entitling the eligible person to be appointed on this ground. This period of 5 years may be relaxed (where, for example, the widow cannot take up employment and the sons/ daughters are minor) with the approval of the General Manager in the deserving cases while appointments are sought on the ground of an employee in his life or getting crippled in the course of duty. In cases relaxation of the 5 year limit will require the approval of the Ministry of Railways for which purpose the reference giving special reasons for the proposed relaxation should be made with the personal recommendation of the General Manager based on the special circumstances obtaining individual cases.
(IV) Qualifications and Conditions to be Fulfilled:-
Normally the persons seeking appointment on compassionate grounds should fulfill the conditions of eligibility regarding age and educational qualifications prescribed for appointment to the post or grade concerned. However, the upper age limit may be freely relaxed on the merits of the cases. The lower age limit of 18 years normally required for appointment in Government may also be relaxed upto one year with the personal approval of the General Manager. Relaxation of the lower age limit beyond one year will require the approval of the Ministry of Railways.
The educational qualification prescribed for the post to be offered should not in any case be relaxed. However, if on the merits of an individual case the General Manager feels that such a relaxation of the minimum educational qualification is absolutely necessary and then such cases may be referred to the Ministry of Railways.
(V) Grades in Which Appointments can be Made on Compassionate Grounds:-
All appointments on compassionate grounds should be made only in the recruitment grades like Office Clerks, Commercial Clerks, Assistant Station Masters, etc. No appointment should be made on compassionate grounds in an intermediate grade i.e. one, which is filled purely by promotion. Appointments on compassionate grounds are also not permissible in the category of Traffic Apprentices/ Commercial Apprentices (Grade Rs.455-700) and Engineering Graduate Apprentices (Grade Rs.550-750) because direct recruitment in these grades is proportionately very limited.
(VI) Procedure to be Followed Before Making Compassionate Appointments:-
The candidates applying for appointments on compassionate grounds should be subjected to suitability test by a committee of three Senior Scale Officers one of them should be a Personnel Officer. The test need not by very rigid. It has only to be ensured that the person concerned would be in a position to discharge the duties of the post being offered to him. The test is also meant to assess the aptitude of the person for the particular job proposed to be assigned to him. It should be conducted keeping compassion in view, which is the basis for such appointments.
The candidates who are to be offered appointments on compassionate grounds may also be required to submit a character certificate from two Gazetted Officers.
(VII) Authority Competent to Make Appointments on Compassionate Grounds:-
The power to make compassionate appointments is vested in the General Manager. The General Manager may, however, re-delegate this power to the Divisional Railway Manager and also to Heads of the extra Divisional units who are in Level I or Level II subject to such control, as he may like to impose on the exercise of such power by these authorities. Proposal for appointment on compassionate grounds of dependents of Gazetted Officers should, however, be referred to the Ministry of Railways for approval.
(VIII) Priorities to be Observed in Making Appointments on Compassionate Grounds:-
The following should be the order of priority to be followed while making appointments on compassionate grounds:-

(i)    Dependents of employees who die or are permanently crippled in the course of duty.
(ii)   Defendants of employees who die in harness as a result of Railway accidents when off duty.
(iii)  Dependents of employees who die in service or are medically incapacitated.

For the proper enforcement of priorities, separate lists should be maintained in each office for the categories indicated above, the date of priority being formed the date of eligibility. All appointments should be made strictly in this order. Where, for any special reasons, it is felt necessary to depart from the priority list, the sanction of the next higher authority (CPO for appointment to Group ‘C’ posts) must be obtained given details for ignoring the priority and the list of persons being put back in the priority list. Such cases should, however, be rare.
A time of one month should be observed within which appointments should be given in priority (i) cases and three months in cases relating to priority (ii) and (iii), subject to vacancies being available. To accommodate the illiterate widows of the deceased railway employees, posts of Waiting Room Bearers, Water women, hospital Ayah/ Attendant (female). Cinder picking women, Sweeper women, C&W Khalasis for waste packing, Retiring Room Attendants, Servers Khalasis attached to Sub-division offices like AEN’s, PWIs, a percentage of vacancies of Office Peons, etc.
(IX) General:-
When offering appointment on compassionate grounds to a widow, son, daughter, etc. it need not be checked up whether another son/ daughter is already working; by in no case there be more than one appointment against one death/ medical incapacitation. For example, it should not be permitted where the family wants another son or daughter to be employed in lieu or in addition to an appointment already made on compassionate grounds.
Once an appointment on compassionate grounds of the ward/ widow etc., has been made in particular category, no change of category is subsequently permissible.
(X) Relaxation:-
Wherever any deviations from the above provisions are sought to be made in individual cases of merit, the prior approval of the Ministry of Railways should be obtained and in such cases personal approval to the General Manager should be indicated in the references.

Download Railway Board Circular dated 07.04.1983

Forward reference⇒27.05.1983

03.09.1983

08.09.1983

28.09.1983

07.12.1983

31.03.1984

04.05.1984

19.09.1984

RBE No. 214/1986

RBE No. 30/1991