9 CONSOLIDATED RULES IN RESPECT OF APPONTMENT ON COMPASSIONATE

9 consolidated rules in respect of appontment on compassionate grounds i. purpose: the scheme of compassionate appointments has

9
CONSOLIDATED RULES IN RESPECT OF
APPONTMENT ON COMPASSIONATE GROUNDS
I. PURPOSE:
The scheme of compassionate appointments has been evolved with the
idea of providing relief in a situation where the family is subjected
to financial distress due to the sudden loss of income of the bread
winner, consequent to his death in harness or voluntary retirement due
to medical invalidation. The cases of compassionate appointment are
mainly dealt in terms of instructions contained in Master Circular
No.16 and other instructions issued by Railway Board from time to
time. These rules are available on website www.irps.in
II. GUIDING FACTORS FOR DECIDING COMPASSIONATE GROUNDS APPOINTMENTS:
i) While considering the requests for compassionate appointments,
Competent Authority should satisfy himself on the basis of a balanced
and objective assessment of the financial condition of the family,
that the grounds for compassionate appointment in each such case is
justified, having regard to the number of dependents, assets and
liabilities left by the railway employee, income of any member of the
family as also his liabilities.
ii) There is no bar in giving appointment to the husband of a female
railway employee on compassionate grounds in the circumstances in
which such appointments are otherwise permissible.
III. CIRCUMSTANCES IN WHICH COMPASSIONATE APPOINTMENTS MAY BE MADE:
Appointments on Compassionate grounds are offered to the dependents of
regular railway servants who lose their lives in the course of duty or
die in harness or otherwise while in service or are medically
incapacitated/decategorised. The circumstances in which Compassionate
Appointments may be made are as under:
a) Due to death of the railway servant while on duty/in service.
b) In the case of railway servants whose whereabouts are not known for
a period of more than two years and the settlement dues have been paid
to the family (Subject to fulfillment of other conditions in Railway
Board’s letter No.E(NG)II/97/RC-1/210 dated 26.07.1998) and
c.
In the case of medical invalidation of the railway servant in all
medical classifications followed by voluntary retirement.
IV. ORDER OF PRIORITY TO BE FOLLOWED WHILE OFFERING APPOINTMENTS ON
COMPASSIONATE GROUNDS:
i) to the dependents of railway servants who have died or who have
become permanently crippled during the performance of duties.
ii) To the dependents of the railway servants who die in harness due
to railway accidents while off duty.
iii) a) To the dependents of railway servants who die in service or
are totally incapacitated while in service irrespective of the period
of service left to reach the age of superannuation or of earning
retirement benefits in full, or
b) are medically decategorised with less that 30 years of qualifying
service of pensionary benefits.
iv) Dependents of employees who are medically decategorised with 30
years or more of qualifying service for pensionary benefits.
Where an employee has become medically unfit to continue in any post,
he may be allowed to retire voluntarily and request for appointment of
ward on compassionate ground considered.
(Authority Bd.’s Letter. No. E(NG)II/95/RC-1/94 dated 18-1-2000 and
E(NG)II/95/RC-1/94 dated 18.01.2000 & 14.06.2006)
V. TIME LIMIT:
Normally all appointments on compassionate grounds should be made
within a period of five years from the date of occurrence of the even
entitling the eligible persons to be appointed on this ground. This
period of five years may be relaxed by the Director General, RDSO,
subject to the following conditions:
(A)
i) The powers shall be exercised personally by the Director General.
ii) The case should not be more than 20 years old.
iii) The widow of the deceased employee should not have remarried.
iv) The benefit of compassionate appointment should not have been
given at any time to any other member of the family or a near
relative.
(v) The circumstances of the case should be such as to warrant
relaxation of time limit.
(vi) The request for appointment on compassionate ground should have
been received within a period of two years as soon as the son/daughter
has become major (DG can relax the period of two years subject to
fulfillment of Railway Board’s letter No.E(NG)II/98/RC-1/64 dated
28.07.2000.
(B)
i) If the candidate is major at the time of death/medical invalidation
of the ex-employee and is already admitted to a course then he/she
shall be allowed to complete that course provided he/she takes due
permission of the Railway Administration. His/Her candidature for
appointment would be considered according to the qualification so
acquired.
ii) If the candidate is minor at the time of death/medical
invalidation of the ex-employee, but at the time of his/her attaining
majority, he/she is already pursuing/admitted to a course, he/she be
allowed to complete that course provided he/she takes due permission
from the administration. His/Her candidature for appointment on
compassionate grounds would be considered in light of the
qualification he/she acquires.
iii) If the candidate is minor at the time of death/medical
invalidation of the ex-employee and when he/she becomes major but is
not pursuing/admitted to a course then his/her candidature for
appointment for compassionate grounds would be considered in light of
the qualification he/she possessed at the time of attaining majority.
VI. GRADES IN WHICH APPOINTMENT CAN BE MADE:
i) Appointment on compassionate grounds can be made only in the
recruitment grades. However, in the intermediate grades where there is
an element of direct recruitment appointments can be made subject to
fulfillment of educational / technical qualifications.
ii) However, if, in any rare and exceptional case, where the
circumstances are particularly distressing and fixation of pay at a
higher stage than that normally admissible under the rules is
considered justified, the Railway Board may be approached giving full
details in the prescribed proforma for approval.
[No.E(NG)II/83/RC-1/68 dated 07.12.1983]
VII. RELAXATIONS:
1) Age relaxation:
i.
Upper age limit may be freely relaxed on merits of the case.
ii.
Lower age relaxation upto one year, with the approval of the
Director General, further relaxation requires the approval of
Railway Board.
2) Qualifications and conditions to be fulfilled :
i.
Normally persons seeking appointment on compassionate grounds
should fulfill the conditions of eligibility regarding the age and
educational qualifications prescribed for the post to be offered.
ii.
The educational qualification prescribed for the post to be
offered should not be relaxed. However, if, on the merits of the
case DG feels that such relaxation is necessary, such case may be
referred to Railway Board. [No.E(NG)II/80/RC-1/4(KW) dated
22.02.1989]
iii) The instructions prescribing VIII class pass as minimum
qualification for recruitment to Group ‘D’ posts are also applicable
to compassionate ground appointments except in the case of
appointments of widows in posts which are exclusively reserved for
them, viz., Water women, Retiring Room Attendants, Cinder-picking
women, Sweeper-women, C&W Khalasi [ for waste packing only], Ayah and
Female sanitary cleaner in Railway Hospitals / Schools, Khalasis
attached to Sub-Divisional offices of AEN.
[Authority: Board’s Letter No. E(NG)II/86/RC-1/Policy dated
25.03.1986]
v) The minimum educational qualification of Skilled Artisans Gr.III on
compassionate grounds is tenth class pass. The training period for
such compassionate appointees (i.e. non ITI certificate holders) would
be three years as against six months for open market recruits.
[Authority: Board’s Letter No. E(NG)II/97/RC-1/Gen.16/JCM/DC dated
19.6.2000]
vi) The Competent Authority may consider exemption from the
requirement of possessing educational qualification prescribed for
Group ‘D’ posts in the case of appointment of widows, provided the
duties of the post can be satisfactorily performed by them without
dispossession of the prescribed educational qualification.
[Authority: Board’s Letter No. E(NG)II/99/RC-1/Gen.8/JCM-DC
dated 29.7.1999]
VIII. COMPETENT AUTHORITY TO APPROVE COMPASSIONATE APPOINTMENTS:
The powers to make compassionate appointment is vested in the Director
General, RDSO. The Director General may, however, re-delegate these
powers to other officers in terms of Railway Board’s instructions
issued from time to time.
IX. PERSONS ELIGIBLE TO BE APPOINTED ON COMPASSIONATE GOUNDS:
i) Son/daughter/widow/widower of the employees are eligible to be
appointed on compassionate grounds in the circumstances in which such
appointments are permissible. Where the widow cannot take up
employment and the sons/daughters are minor, the case may be kept
pending till the first son/ daughter attains the age of 18 years. The
benefit of compassionate ground appointment may also be extended to
adopted son/daughter provided, there is satisfactory proof of adoption
valid legally, the adoption is legally recognized under the personal
law governing the Railway servant, the legal adoption process has been
completed and has become valid before the date of death / medical
incapacitation of the ex-employee.
ii) Adopted sons/daughters can be considered for compassionate
appointment provided such adoption has been accepted for the issue of
privilege Pass/PTO as per the provisions under the Pass Rules.
[Authority: Board’s letter No. E(NG)II/86/RC-1/1/Policy dated
11.12.96]
iii) Appointment on compassionate grounds may be considered at
Railway’s level in cases of dependents of Railway employees dying as
bachelors / spinsters, subject to the condition that the candidate
proposed for appointment is shown as ‘dependent’ of the ex-employee as
per the pass rules.
[Authority: Board’s letter No. E(NG)II/88/RC-1/Policy dated 4.9.96]
iv) In case where dependency of a candidate is not covered by pass
declaration for appointment on compassionate grounds of dependent of
railway employee dying as bachelor/spinster, the dependency may be
established through ration card or through investigation by Welfare
Inspectors.
[Authority: Board’s letter No. E(NG)II/99/RC-1/SE-19 dated 05.08.99]
v) In cases where the widow cannot take up employment and is survived
by married daughter and the other children are minors, Director
General may consider appointment on compassionate grounds to married
daughters provided they satisfy themselves that the married daughter
will be the bread-winner of the bereaved family.
[Authority: Board’s letter No. E(NG)III-78/RC1/1 dated 3.2.81]
vi) Divorced/widowed daughter, wholly dependent on the railway
employee at the time of death/medical invalidation, should also be
considered for appointment on compassionate grounds, as in the case of
married daughters from the date of issue of Board’s letter i.e.
21.11.2001.
[Authority: Board’s letter No. E(NG)II/2001 RC-1/ER/5 dated
21.11.2001]
vii) Provision for appointment of a near relative on compassionate
grounds on the Railway has been deleted.
[Authority: Board’s letter No. E(NG)II/88/RC1/1/Policy dated 13.12.95]
viii) Appointment on compassionate grounds to the second widow and her
children are not to be considered unless the administration has
permitted the second marriage.
[Authority: Board’s letter No. E(NG)II/91/RC-1/136 dated 2.1.92]
ix) Only one compassionate appointment is admissible in the case of
death of the husband or wife (both Railway employees) whichever event
occurs first.
[Authority: Board’s letter No. E(NG)II/86/RC-1/1 Policy dated
02.06.97]
X. COMPASSIONATE APPOINTMENT TO WARDS/WIDOWS OF CASUAL LABOUR
i) The Director General has powers to consider and decide requests for
appointment on compassionate grounds of the wards/widow of a casual
labour who dies due to accident while on duty provided the casual
labourer concerned is eligible for Workmen’s compensation Act., 1923.
Such appointment should be as casual labour (fresh face) or
substitute.
ii) Similar consideration may also be shown to a ward/widow of a
casual labourer with temporary status at the discretion of the
Director General.
iii) This power should be exercised by the Director General personally
and should not be delegated to any authority. This power should be
exercised judiciously keeping in view the particular need to contain
the total casual labour force. [No.E(NG)II/84/CL/28 dated 04.05.1984,
31.12.1986, 13.03.1987 & 06.12.1989]
XI. FACILITIES TO BE AFFORDED TO CANDIDATES CONSIDERED FOR
COMPASSIONATE APPOINTMENTS:
i) Sleeper/II Class special pass may be granted to the candidates
called for interview/test for the first time for appointment on
compassionate grounds in death cases only, for journey from the place
of their residence, to the nearest station of the place, where
interview/test is held, and back.
[Authority: Board’s letter No. E(W)99 PS5-8/9 dated 18.10.99]
XII. PROCEDURE TO BE FOLLOWED BEFORE MAKING COMPASSIONATE
APPOINTMENTS:
i) The candidates applying for appointments on compassionate grounds
should be subject to a suitability test by a committee of three Senior
Scale Officers. The suitability of those proposed to be appointed on
compassionate grounds should be properly assessed by a test. In case
the candidate has the necessary minimum qualifications for all types
of Group ‘C’ post, his/her suitability for all types of Group ‘C’
posts should be judged and recorded by the screening committee.
However, the allotment of posts will be done by C.P.O. Final offer of
appointment will, however, be subject to the availability of
vacancies, passing of medical examination, production of necessary
certificates etc.
[Authority: Board’s letter No. E(NG)II-88/RC-1/1/Policy dated
29.07.98]
ii) Suitability test i.e. written test and viva voce of the candidates
for appointment on compassionate grounds to Group ‘C’ posts should be
completed on a single day.
[Authority: Board’s letter No. E(NG)II-98/RC-1/58 [Policy] dated
16.05.91]
iii) The competent authority may consider the request for allowing a
candidate seeking appointment on compassionate ground in Group ‘C’
post, to re-appear in the suitability test, in exceptional cases,
based on the merits of each case, in the event of the candidate having
been declared unfit in the first instance.
[Authority: Board’s letter No. E(NG)II-99/RC-1/Genl./3/PNM-AIRF
dated 28.4.99]
iv) In deserving cases, Director General may consider giving a third
chance to a widow only to appear in the suitability test for
appointment on compassionate grounds in Group ‘C’ post based on the
merits of each case.
[Auth.: Board’s letter No. E(NG)II-2001/RC-1/Genl/11 dated 21.09.2001]
v) It is not necessary that the ward of a Group ‘D’ employee should be
appointed in a Group ‘D’ post only. If such a ward possesses the
required qualification prescribed for Group ‘C’ post and is also
adjudged suitable for the post, he should be considered for such Group
‘C’ posts.
XIII. TERMINATION OF SERVICE OF COMPASSIONATE APPOINTEES:
i) Candidates appointed on compassionate grounds should give an
undertaking in writing in the proforma prescribed that he / she will
properly maintain the other family members who have been dependent on
the railway employee and in case it is proved subsequently that the
family members are being neglected subsequently or not being properly
maintained by him / her, his / her appointment may be terminated
forthwith.
[Authority: Board’s letter No. E(NG)II-99/RC-1/Genl./19 dated
22.8.2000]
ii) The Director General is empowered to terminate the services of a
compassionate appointee on the grounds of non-compliance of any
conditions (s) stipulated in the offer of appointment after providing
an opportunity to explain by issuing a show cause notice and without
following the procedure prescribed in Discipline and Appeal
Rules/Temporary Service Rules.
[Auth.: Board’s letter No. E(NG)II-99/RC-1/Genl./19 dated 08.04.2002]
XIV. WELFARE:
Welfare Inspector will intimate the family members of the deceased
employee about the procedure of appointment on compassionate ground
and will render all assistance for submitting the application for
appointment on compassionate ground.
XV. RELAXATION:
Wherever any deviation from the above provisions is 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 of
the Director General, RDSO should be indicated in the references.
[No.E(NG)/II/87/RC-1/143 dated 19.04.1988 & 07.08.1990]
XVI. GENERAL:
(a) While referring to this circular, the original letters referred to
herein should be read for a proper appreciation. This circular is only
a consolidation of the instructions issued so far and should not be
treated as substitution to the originals. In case of doubt, the
original circular should be relied upon as authority.
b.
The instructions contained in the original circulars referred to
have only prospective effect from the date of issue unless
specifically indicated otherwise in the concerned circulars. For
dealing with old case, the instructions in force at the relevant
time should be referred to, and
(c) If any circular on the subject, which has not been superseded, has
not been taken into consideration while preparing this consolidated
orders the said circular, which has been missed through oversight
should be treated as valid and operative. Such a missing circular, if
any, may be brought to the notice of the Administration.
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