RBE No. 47/1997: Appointment on Compassionate Grounds – Casual Labour – Clarification

No.E(NG)II/97/RC-1/22, dated 01.04.1997
(SC No.22 to MC No.16)

Sub: Appointment on Compassionate Grounds – Cases of wards of casual labour with temporary status, who die in harness – Clarification thereof.

1. In terms of Board’s letter No.E(NG)II/84/CL/28, dated 14.05.1984, General Manager could exercise powers personally to decide request for appointment on compassionate ground as casual labour or substitutes, of ward of a casual labour who dies due to accident while on duty provided the casual labour concerned is eligible for compensation under the Workmen Compensation Act, 1923.
Further, in terms of Board’s letter No.E(NG)II/84/CL/28, dated 31.12.1986 (RBE No. 256/1986) and letter No.E(NG)II/96/RC-1/96, dated 14.03.1997 (RBE No. 39/1997) in cases where the casual labour with temporary status die in harness i.e. during his employment with Railways and if the case presents features constituting extreme hardship, meriting special consideration, the General Manager could exercise his personal discretionary powers for giving appointment to eligible and suitable wards of such casual labour on compassionate grounds as casual labour (fresh face)/ substitutes. It has also been stipulated that this power to the General Manager should be exercised judiciously keeping in view the particular need to contain the total casual labour force as enjoined in the extant instructions on the subject.
2. It is seen of late that the railway are examining the cases of compassionate appointment of casual labour on similar lines as that of regular Railway servant and also referring the cases for Board’s consideration, for relaxing the time limits and other conditions as prescribed for consideration of compassionate appointments to wards of deceased regular employees.
3. It may be seen from the above that the instructions dated 04.05.1986, 31.12.1986 (RBE No. 256/1986) and 14.03.1997 (RBE No. 39/1997) are specific instructions empowering the General Manager for considering compassionate appointments as fresh face casual labours of wards of casual labour in cases warranting special consideration. Such appointments are to be considered very judiciously and provisions relating to compassionate appointments in the case of regular employees cannot be extended in toto to casual labour with temporary status. Therefore, the cases of compassionate ground appointment of wards of casual labour with temporary status, as fresh face casual labour should be decided by the General Manager on merits and need not be referred the Board; bringing out clearly in the orders as to why a particular decision (either to engage or not to engage) is being taken.
(This also disposes of NE Railway’s letter No.E/239/202/95/P-3/365/SON FIVE, dated 18.11.1996).

Download Railway Board Circular RBE No. 47/1997

Forward reference⇒RBE No.