RBE No. 65/1985: Appointment on compassionate grounds

No.E(NG)II/84/RC 1/172, dated 01.03.1985

Sub: Appointment on compassionate grounds.

1. Attention is invited to para 2 of this Ministry’s letter No.E(NG)III/78/RC1/1, dated 30.04.1979 in which it has been laid down that in the case of staff who die in harness, appointments on compassionate grounds can be made only of a son/ daughter/ widow of the employee. It has been added that where the widow cannot take up employment and the sons/ daughters are minor, the case may be kept pending till the first son/ daughter becomes a major, i.e. attains the age of 18 years or for a period of five years from the date of death of employee whichever is earlier.
2. The Ministry of Railways have had occasion to review this provision in the light of a suggestion made to them that the existing rule which permits a case being kept open where the widow cannot take up employment only till the first son/ daughter becomes a major needs to be modified as there could be cases where it may be necessary or it would be appropriate, for employment on compassionate grounds being offered to a ward younger than the eldest among the minor sons/ minor daughters.
3. The Ministry of Railways have now decided that where the widow cannot take up employment. Railways can keep the case for appointment on compassionate grounds open to enable consideration of appointment of a minor son when he attains majority, even though at the time of occurrence of the event making compassionate appointment permissible, there is a daughter who has attained majority and/or a major son who is already employed. This will be subject to the following conditions:-

(i) The minor son to be appointed will be attending majority of age within a period of five years of the event of death, which is the basis for appointment on compassionate grounds.
(ii) Where there is more than one minor son, it is only the eldest minor son who should be considered for appointment when he attains majority and not any of the minor sons.
(iii) Further, in such cases, the competent authority should be satisfied about the bonafides of the request of the widow or if there is no surviving widow, of the family, that appointment should be given to a minor son (when he attains majority) instead of a daughter or an employed son who is already a major.

4. These instructions will have prospective effect. Past cases, if any, decided otherwise, will not be reopened.

Download Railway Board Circular RBE No. 65/1985

Forward reference⇒RBE No.