Review of compassionate appointment cases regarding.

BHARATIYA PRATIRAKSHA MAZDOOR SANGH

No. 19(4)/2015/D(Lab)

Government of India

Ministry of Defence

New Delhi, the 30.4.2015.

OFFICE MEMORANDUM

Subject: Review of compassionate appointment cases regarding.

The undersigned is directed to invite attention to this Ministry's OM No.19(3)/2013/D(Lab) dated 18.11.2014 vide which all administrative/authorities were requested to strictly comply the instructions contained in Para 8 of DoP&T OM No. 14014/02/2012-Estt(D) dated 16.1.2013 regarding withdrawal of three years time limit and Sl.No. 38-43 of FAQ issued vide DoP&T OM No. 14014/02/2012-Estt(D) dated 30.5.2013.

2. An issue has been raised by Bhartiya Pratiraksha Mazdoor Sangh (BPMS) informing that the Line Directorates/Units of Army HQrs are not considering the compassionate appointment cases in true spirit of the guidelines issued by DoP&T and the requests for compassionate appointment are being rejected on the plea that as per policy once three consecutive chances had been considered, the Case is considered to be closed and cannot be opened.

3. As per the new guidelines on compassionate appointment, any application for compassionate appointment is to be considered without any time limit and decision taken on merit in each case.

4. Regarding re-opening of old cases which were closed on completion of three years time limit as per the earlier policy of DoP&T, it may be noted that the DoP&T vide their OM dated 30.5.2013 have clarified that the closed cases can be reopened provided tat the cases were closed due to non-availability of vacancies during the 3 year time period. However these cases may be considered as per the criteria mentiOned in Sl.No. 32 & 39 of FAQ dated 30.5.2013. Such cases should not be opened merely because the time limit has been waived off. In this regard DoP&T have further clarified that the cases which have been closed for not being found suitable under the criteria for compassionate appointments, need not to be opened irrespective of thewaiver of time limit.

5. In view of the above, all the Service HQrs/lower formations are requested to follow the DoP&T’s above guidelines in letter and spirit. They may not reject any application for compassionate appointment simply on the ground that it had already been considered thrice unless it was rejected due to lack of merit/not found suitable under the criteria for compassionate appointments. If the compassionate appointment could not be granted due to non-availability of vacancies at that time, any fresh application, received now should be re-considered after adjudging his penurious condition on the basis of the family’s latest financial/economic condition, number of dependents of the family as on date, latest marital status of dependents etc in the light of the existing guidelines of DoP&T on the subject. 

Sd/-

(Biswajit Guha)

Under Secretary(Lab)

Source:http://bpms.org.in/documents/compassionate-appointment-weq5.pdf

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Appointment on compassionate grounds of family member of an ex- Railway servant.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

RBE No. 70/2014.

No. E (NG)-II/2014/RC-1/SCR/5

 New Delhi, dated: 08/07/2014

The General Manager (P),

All Zonal Railways/Production Units

Sub:- Appointment on compassionate grounds of family member of an ex- Railway servant.

As the field units are aware, dependant family members for the purpose of appointment on compassionate grounds means spouse or son (including adopted son) or daughter (including adopted daughter) or brother/sister in the case of unmarried Government servant, who is wholly dependent on the Government servant at the time of death in harness or retirement on medical grounds, as the case may be.

Further, in terms of para 2 of letter No. E(NG)III-78/RC1/1 dated 3.2.81, General Managers can consider for employment of married daughters, if they satisfy themselves that the married daughter will be the bread-winner of the family of the Railway servant concerned. It has also been stipulated vide instructions issued under RBE No. 224/2001 dated 21.11.2001 that the cases of dependant divorced/widowed daughters should also be considered for such appointment as in the case of married daughters subject to the condition that former should have been wholly dependent on the ex-employee at the time of the death/medical invalidation of the latter.

Existence of a number of instructions as well as the issue of specific clause of ‘dependency on the ex-Railway employee’ have been engaging the attention of this office for sometime. Accordingly, the matter as been reviewed by the Board and it has been decided that it should be left to tle discretion of the family concerned in case of death of ex-employee to request for a job to either spouse or any child {whether son or daughter (unmarried/married/divorced/widowed)} subject to the condition that the concerned child will be the bread-winner of the family concerned. Further, for this purpose instructions issued by this Ministry vide letter issued under RBE No. 22/2014 dated 4.3.14 be read in the same spirit.

However, the dependent of an unmarried male/unmarried female Railway employee dying in harness/retiring on medical grounds, may be considered for compassionate appointment by the Railway at its own level, subject to the condition that the candidate proposed for appointment is shown as dependent on the ex-employee on the basis of documents such as inclusion/declaration of names in the pass or in Ration cards etc.. The condition of inclusion in the pass declaration or Ration cards etc. is only a facilitating factor, and not intended to be a restrictive one. In the absence of any such documentary proof, the factual position regarding the extent of the dependency may be got verified by deputing a Welfare Inspector to inquire into the circumstances. The relaxation of time limit permissible in the case of minor children of those employees who die in harness would also apply in the case of dependents of those who die as bachelor/spinster.

Accordingly, para 2 of Board’s instructions E(NG)III-78/RC1/1 dated 3.2.1981, letter No. E(NG)II/88/ RC-1 / Policy dated 4.9.96, No. E (NG)II/88 /RC-1/1 Policy dated 2.5.97, No. E(NG)II/99/RC-1/SE-19 dated 5.8.99, and E(NG)II/2001/RC-1/ER/5 dated 21.11.2001 stand superseded.

Past cases, already decided need not be reopened.

Please acknowledge receipt.

Sd/-

(Harsha Dass)

Director Estt.(N)II

Railway Board.

Source: AIRF

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Appointment on Compassionate grounds of dependent of medically unfit staff on the Railways.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

RBE No.22/2014

No. E(NG)II/2012/RC-1/GenI./15 

New Delhi, dated 04.03.2014

The General Manager (P)

All Zonal Railways/Production Units etc.

Sub: Appointment on Compassionate grounds of dependent of medically unfit staff on the Railways.

Attention is invited to this Ministry letter No. E(NG)II-84/RCI/105 dated 16.11.1984, stipulating therein, that in cases of medically decategorised / incapacitated Railway employees, a wife is eligible for compassionate ground appointment subject to certain conditions.

Pursuant to the issue raised in PNM/AIRF meeting (Item No. 53/2012), the matter has been reviewed and in supersession of Board’s letter ibid, it has been decided by the Board that in case of medically decategorised / incapacitated employees where compassionate appointment is otherwise permissible, it will be the discretion of the concerned medically decategorised / incapacitated Railway employee to request for a job to either spouse or ward as per his/her choice. Further, in the event of death of the medically unfit employee without making clear his wishes, the first preference for appointment on compassionate ground appointment should be that of spouse as done in case of death.

Please acknowledge receipt.

Sd/-

(Harsha Dass)

Director Estt. (N)II

Railway Board

Source:http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/ENG-II/2014/appointment_040314.pdf

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Appointment on Compassionate Grounds - Minimum Educational qualification - reqarding.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

{RAILWAY BOARD}

No. E{NG}II/2011/RC-1/NE/21

New Delhi, Dated: 06.02.2012.

The General Manager (P),
All Zonal Railways/Pus.

Sub:- Appointment on Compassionate Grounds - Minimum Educational qualification - reqarding.

   References are being received from zonal Railways/PUs seeking clarification whether exemption from possession of minimum educational qualification for compassionate ground appointment for widows are still applicable after the issue of Board's instructions issued under RBE No. 166/2011.

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Appointment on compassionate grounds- Delegation of power- regarding.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

RBE NO. 77 /2011

New Delhi, Dated; 31.05.2011

NO.E(NG)II/98/RC-1/64

The General Manager (P)
All Zonal Railways/ Production Units etc.
(As per standard mailing list)

Sub: Appointment on compassionate grounds- Delegation of power- regarding.

   In order to process and finalize the cases for appointment on compassionate grounds in shortest possible time to meet the very objective of such appointment, the matter of delegation of power to Railway Administration has been under consideration of this Ministry for quite some times. Accordingly, Board have decided that in supercession of the stipulation made vide Board’s letter No. E(NG)II/96/RC-1/116 JCM/DC dated 06/01/97, para (1) & (2) of letter No. E(NG)ll/98/RC-1/64 dated 28/07/2000 and para (1) of letter No. E(NG)II/98/RC-1/64 dated 06/01/2009, General Managers may consider and decide the time barred cases of compassionate appointment which are upto twenty five (25) years old from the date of death/medical unfitness of the ex-employee. Such cases are to be decided by the General Managers at their personal level only and are not to be delegated further.

   2. It has further been decided to delegate the powers to General Managers which has hitherto been vested with Board, in terms of stipulation made in letter No. E(NG)II/2009/RC-1/SCR/39 dated 04/06/2010. Also, while considering cases of appointment, in Grade Pay of Rs.4600/-, in terms of Board’s letter dated 04/06/10, it must be ensured that candidates are first class Engineering Graduates and are in possession of prescribed qualification for the posts.

   3. It has further been decided that cases which are covered in terms of stipulation made vide letter No. E(NG)II/83/RC-1/68 dated 07/12/1983, may now be decided by the General Managers at their personal level only with the prior personal concurrence of the FA & CAO (not to be delegated further) concerned. In rare and exceptional cases, while agreeing to fixation of initial pay at a higher stage than that normally admissible, it must be ensured that valid and strong justification exist for such an action.

   4. All those cases which have already been decided need not be re-opened. Further, all references (cases) made to Board as on the date of issue of this letter and not yet decided may be treated as withdrawn and be dealt at the General Manager’s level.

   5. As regards power to relax minimum educational qualification in Grade Pay of Rs. 1800/-, the same will continue to be vested with Railway Board.

   Please acknowledge receipt.

sd/-

(Harsha Dass)

Joint Director Estt.(N)II

Railway Board

Source; AIRF

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