Consolidated Instructions on compassionate appointment: DoPT Order

1. .

OBJECT

The object of the Scheme is to
grant appointment on compassionate grounds to a dependent family member of a
Government servant dying in harness or who is retired on medical grounds,
thereby leaving his family in penury and without any means of livelihood, to
relieve the family of the Government servant concerned from financial
destitution and to help it get over the emergency.

2.

TO WHOM APPLICABLE

To a dependent family member –

(A)

of a Government servant who –

(a)

dies while in service
(including death by suicide); or

(b)

is retired on medical grounds under
Rule 2 of the CCS (Medical Examination) Rules 1957 or the corresponding
provision in the Central Civil Service Regulations before attaining the age
of 55 years (57 years for erstwhile Group ‘D’ Government servants); or

(c)

is retired on medical grounds under
Rule 38 of the CCS(Pension) Rules, 1972 or the corresponding provision in the
Central Civil Service Regulations before attaining the age of 55 years (57 years
for erstwhile Group ‘D’ Government servants); or

(B)

of a member of the Armed Forces
who –

(a)

dies during service; or

(b)

is killed in action; or

(c)

is medically boarded out and is
unfit for civil employment.

Note I “Dependent Family Member” means:

(a)

spouse; or

(b)

son (including adopted son); or

(c)

daughter (including adopted
daughter); or

(d)

brother or sister in the case
of unmarried Government servant or

(e)

member of the Armed Forces
referred to in (A) or (B) of this para,

Note II

“Government
servant” for the purpose of these instructions means a Government
servant appointed on regular basis and not one working on daily wage or casual
or apprentice or ad-hoc or contract or re- employment basis.

Note III

“Confirmed work-charged
staff” will also be covered by the term ‘Government servant’
mentioned in Note III above.

Note IV

“Service” includes
extension in service (but not re-employment) after attaining the normal age
of retirement in a civil post.

Note V

“Re-employment” does
not include employment of ex-serviceman before the normal age of retirement
in a civil post.

3.

AUTHORITY COMPETENT TO
MAKE COMPASSIONATE APPOINTMENT

(a)

Joint Secretary in-charge of
administration in the Ministry/Department concerned.

(b)

Head of the Department under
the Supplementary Rule 2(10) in the case of attached and subordinate offices.

(c)

Secretary in the
Ministry/Department concerned in special types of cases.

4.

POSTS TO WHICH SUCH APPOINTMENTS CAN BE MADE

Group ‘C’ posts against the
direct recruitment quota.

5.

ELIGIBILITY

(a)

The family is indigent and
deserves immediate assistance for relief from financial destitution; and

(b)

Applicant for compassionate appointment
should be eligible and suitable for the post in all respects under the
provisions of the relevant

Recruitment Rules.

6.

A. EXEMPTIONS

Compassionate appointments are
exempted from observance of the following requirements:-

(a)

Recruitment procedure i.e.
without the agency of the Staff Selection Commission or the Employment
Exchange.

(b)

Clearance from the Surplus Cell
of the Department of Personnel and Training/Directorate General of
Employment and Training.

(c)

The ban orders on filling up of
posts issued by the Ministry of Finance (Department of Expenditure).

B. RELAXATIONS

(a)

Upper age limit could be
relaxed wherever found to be necessary. The lower age limit should, however,
in no case be relaxed below 18 years of age.

Note I

Age eligibility shall be
determined with reference to the date of application and not the date of
appointment;

Note II

Authority competent to take a final
decision for making compassionate appointment in a case shall be competent to
grant relaxation of upper age limit also for making such appointment.

(b)

In exceptional circumstances
Government may consider recruiting persons not immediately meeting the
minimum educational standards. Government may engage them as trainees who
will be given the regular pay bands and grade pay only on acquiring the minimum
qualification prescribed under the recruitment rules. The emoluments of these
trainees, during the period of their training and before they are absorbed in
the Government as employees, will be governed by the minimum of the – 1S pay
band Rs.4440-7440 without any grade pay. In addition, they will be granted all
applicable Allowance, like Dearness Allowances, House Rent Allowance and
Transport Allowance at the admissible rates. The same shall be calculated on
the minimum -1S pay band without any grade pay. The period spent in the -1S
pay band by the future recruits will not be counted as service for any
purpose as their regular service will start only after they are placed in the
pay band PB-1 of Rs.5200-20200 along with grade pay of Rs.1800. (Para 1 of O.M. No.14014/2/2009-Estt.(D)Dated the 11th December, 2009)

Note

In the case of an attached/subordinate
office, the Secretary in the concerned administrative Ministry/Department
shall be the competent authority for this purpose.

(c)

In the matter of exemption from
the requirement of passing the typing test those appointed on compassionate grounds
to the post of Lower Division Clerk will be governed by the general orders
issued in this regard:-

(i)

by the CS Division of the
Department of Personnel and Training if the post is included in the Central
Secretariat Clerical Service; or

(ii)

by the Establishment Division of
the Department of Personnel and Training if the post is not included in the
Central Secretariat Clerical Service.

(d)

In case of appointment of a widow
not fulfilling the requirement of educational qualification, against the post
of MULTI TASKING STAFF, she will be placed in Group ‘C’- Pay Band – 1 (Rs.
5200-20200)+ Grade Pay Rs.1800/- directly without insisting on fulfillment of
educational qualification norms, provided the appointing authority is
satisfied that the duties of the post against which she is being appointed
can be performed with help of some on job training. This dispensation is to be
allowed for appointment on compassionate ground against the post of MULTI
TASKING STAFF only. (Para 2 of O.M. No.14014/2/2009-Estt. (D) Dated 03.04.2012)

7.

DETERMINATION/AVAILABILITY OF VACANCIES

(a)

Appointment on compassionate grounds
should be made only on regular basis and that too only if regular vacancies meant
for that purpose are available.

(b)

Compassionate appointments can
be made upto a maximum of 5% of vacancies falling under direct recruitment
quota in any Group ‘C’ post. The appointing authority may hold back upto 5%
of vacancies in the aforesaid categories to be filled by direct recruitment
through Staff Selection Commission or otherwise so as to fill such vacancies
by appointment on compassionate grounds. A person selected for appointment on
compassionate grounds should be adjusted in the recruitment roster against the
appropriate category viz SC/ST/ OBC/General depending upon the
category to which he belongs. For example, if he belongs to SC category he
will be adjusted against the SC reservation point, if he is ST/OBC he will be
adjusted against ST/OBC point and if he belongs to General category he will be
adjusted against the vacancy point meant for General category.

(c)

While the ceiling of 5% for making
compassionate appointment against regular vacancies should not be circumvented
by making appointment of dependent family member of Government servant on
casual/daily wage/ad-hoc/contract basis against regular vacancies, there is
no bar to considering him for such appointment if he is eligible as per the
normal rules/orders governing such appointments.

(d)

The ceiling of 5% of direct recruitment
vacancies for making compassionate appointment should not be exceeded by
utilising any other vacancy e.g. sports quota vacancy.

(e)

The Committee constituted for
considering a request for appointment on compassionate grounds should limit its
recommendation to appointment on compassionate grounds only in a really
deserving case and only if vacancy meant for appointment on compassionate
grounds will be available within a year in the concerned administrative Ministry/department/Office,
that too within the ceiling of 5% of vacancies falling under DR quota in Group
‘C’ posts. (O.M.No. 14014/18/2000-Estt.(D) dated 22.06.2001)

(f)

Calculation of vacancies by
grouping of posts for small offices/cadres – Grouping of posts in small Offices/Cadres
for the purpose of calculation of vacancies for appointment on compassionate
grounds is allowed. Consequently, Group ‘C’ posts in which there are less
than 20 direct recruitment vacancies in a recruitment year may be grouped
together and out of the total number of vacancies 5% may be filled on
compassionate grounds subject to the condition that appointment on
compassionate grounds in any such post should not exceed one. For the purpose
of calculation of vacancies for compassionate appointment, fraction of a
vacancy either half or exceeding half but less than one may be taken as one vacancy.
(Para 2 and 3 of O.M. No.14014/24/1999-Estt.(D) dated 28.12.1999]

(g)

Liberalized method of calculation
of vacancies for small Ministries/Departments – The small Ministries/Departments
may apply a more liberalized method of calculation of vacancies under 5%
quota for compassionate appointment. The small Ministries/Departments, for the
purpose of these instructions, are defined as organizations where no vacancy for
compassionate appointment could be located under 5% quota for the last 3
years. Such small Ministries/Departments may add up the total of DR vacancies
in Group ‘C’ and erstwhile Group ‘D’ posts (excluding technical posts)
arising in each year for 3 or more preceding years and calculate 5% of vacancies
with reference to the grand total of vacancies of such years, for locating one
vacancy for compassionate appointment. This is subject to the condition that
no compassionate appointment was/has been made by the Ministries/Departments
during 3 years or number of years taken over and above 3 years for locating
one vacancy under 5% quota.(Para 4 of O.M. No. 14014/3/2005-Estt.(D) dated 09.10.2006)

(h)

The compassionate appointment
can also be made against technical ‘posts’ at Group ‘C’ and erstwhile Group
‘D’ level. The 5% quota of vacancies will be calculated on the basis of total
DR vacancies arising in a year in the technical posts. (Para 2 of O.M. No. 14014/3/2005-Estt(D) dated 19.01.2007].

8.

TIME LIMIT FOR CONSIDERING APPLICATIONS FOR COMPASSIONATE APPOINTMENT:

Prescribing time limit for considering
applications for compassionate appointment has been reviewed vide this
Department O.M No.14014/3/2011- Estt.(D) dated 26.07.2012. Subject to availability
of a vacancy and instructions on the subject issued by this Department and as
amended from time to time, any application for compassionate appointment is to
be considered without any time limit and decision taken on merit in each case

9.

BELATED REQUESTS FOR COMPASSIONATE APPOINTMENT

(a)

Ministries/Departments can consider
requests for compassionate appointment even where the death or retirement on
medical grounds of a Government servant took place long back, say five years
or so. While considering such belated requests it should, however, be kept in
view that the concept of compassionate appointment is largely related to the
need for immediate assistance to the family of the Government servant in
order to relieve it from economic distress. The very fact that the family has
been able to manage somehow all these years should normally be taken as adequate
proof that the family had some dependable means of subsistence. Therefore, examination
of such cases would call for a great deal of circumspection. The decision to
make appointment on compassionate grounds in such cases may, therefore, be taken
only at the level of the Secretary of the Department/Ministry concerned.

(b)

Whether a request for
compassionate appointment is belated or not may be decided with reference to
the date of death or retirement on medical ground of a Government servant and
not the age of the applicant at the time of consideration.

(c)

The onus of examining the penurious
condition of the dependent family will rest with the authority making
compassionate appointment (Para 4 of O.M No.14014/3/2011-Estt.(D) dated 26.07.2012

10.

WIDOW APPOINTED ON COMPASSIONATE GROUNDS GETTING REMARRIED

A widow appointed on
compassionate grounds will be allowed to continue in service even after re-marriage.

11.

WHERE THERE IS AN EARNING MEMBER

(a)

In deserving cases even where there
is already an earning member in the family, a dependent family member may be
considered for compassionate appointment with prior approval of the Secretary
of the Department/Ministry concerned who, before approving such appointment,
will satisfy himself that grant of compassionate appointment is justified
having regard to number of dependents, assets and liabilities left by the
Government servant, income of the earning member as also his liabilities
including the fact that the earning member is residing with the family of the
Government servant and whether he should not be a source of support to other
members of the family.

(b)

In cases where any member of
the family of the deceased or medically retired Government servant is already
in employment and is not supporting the other members of the family of the
Government servant, extreme caution has to be observed in ascertaining the
economic distress of the members of the family of the Government servant so
that the facility of appointment on compassionate ground is not circumvented
and misused by putting forward the ground that the member of the family
already employed is not supporting the family.

12.

MISSING GOVERNMENT SERVANT

Cases of missing Government
servants are also covered under the scheme for compassionate appointment
subject to the following conditions:-

(a)

A request to grant the benefit
of compassionate appointment can be considered only after a lapse of at least
2 years from the date from which the Government servant has been missing,
provided that:

(i)

an FIR to this effect has been
lodged with the Police,

(ii)

the missing person is not
traceable, and

(iii)

the competent authority feels
that the case is genuine;

(b)

This benefit will not be
applicable to the case of a Government servant:-

(i)

who had less than two years to
retire on the date from which he has been missing; or

(ii)

who is suspected to have
committed fraud, or suspected to have joined any terrorist organisation or suspected
to have gone abroad.

(c)

Compassionate appointment in the
case of a missing Government servant also would not be a matter of right as
in the case of others and it will be subject to fulfillment of all the
conditions, including the availability of vacancy, laid down for such
appointment under the scheme;

(d)

While considering such a request,
the results of the Police investigation should also be taken into account;
and

(e)

A decision on any such request
for compassionate appointment should be taken only at the level of the Secretary
of the Ministry/Department concerned.

13.

PROCEDURE

(a)

The proforma as in Annexure may
be used by Ministries/Departments/ Offices for ascertaining necessary
information and processing the cases of compassionate appointment.

(b)

The Welfare Officer in each
Ministry/Department/Office should meet the members of the family of the
Government servant in question immediately after his death to advise and
assist them in getting appointment on compassionate grounds. The applicant
should be called in person at the very first stage and advised in person
about the requirements and formalities to be completed by him.

(c)

An application for appointment
on compassionate grounds should be considered in the light of the
instructions issued from time to time by the Department of Personnel and Training
(Establishment Division) on the subject by a committee of officers consisting
of three officers – one Chairman and two Members – of the rank of Deputy
Secretary/ Director in the Ministry/Department and officers of equivalent
rank in the case of attached and subordinate offices. The Welfare Officer may
also be made one of the Members/Chairman of the committee depending upon his
rank. The committee may meet during the second week of every month to
consider cases received during the previous month. The applicant may also be
granted personal hearing by the committee, if necessary, for better
appreciation of the facts of the case.

(d)

Recommendation of the committee
should be placed before the competent authority for a decision. If the
competent authority disagrees with the committee’s recommendation, the case
may be referred to the next higher authority for a decision.

14.

UNDERTAKING FOR MAINTENANCE OF THE FAMILY OF THE DECEASED EMPLOYEE

A person appointed on
compassionate grounds under the scheme should give an undertaking in writing (as
in Annexure) that he/she will maintain properly the other family members who
were dependent on the Government servant/member of the Armed Forces in
question and in case it is proved subsequently (at any time) that the family
members are being neglected or are not being maintained properly by him/her,
his/her appointment may be terminated forthwith. The question of its legal
enforceability has been examined in consultation with the Ministry of Law
(Department of Legal Affairs) and it has been decided that it should be
incorporated as one of the additional conditions in the offer of appointment
applicable only in the case of appointment on compassionate grounds (O.M No.14014/16/1999-Estt.(D) dated 20.12.1999).

15.

REQUEST FOR CHANGE IN POST/PERSON

When a person has been
appointed on compassionate grounds to a particular post, the set of circumstances,
which led to such appointment, should be deemed to have ceased to exist.
Therefore, 

(a)

he/she should strive in his/her
career like his/her colleagues for future advancement and any request for
appointment to any higher post on considerations of compassion should
invariably be rejected.

(b)

an appointment made on
compassionate grounds cannot be transferred to any other person and any
request for the same on considerations of compassion should invariably be
rejected.

16.

SENIORITY

A person appointed on compassionate
ground in a particular year may be placed at the bottom of all the candidates
recruited/appointed through direct recruitment, promotion etc. in that year,
irrespective of the date of joining of the candidate on compassionate ground.
(Para 4.8 of O.M. No. No.20011/1/2008-Estt.(D) dated 11.11.2010)

17.

TERMINATION OF SERVICE

The compassionate appointments
can be terminated on the ground of non-compliance of any condition stated in
the offer of appointment after providing an opportunity to the compassionate
appointee by way of issue of show cause notice asking him/her to explain why
his/her services should not be terminated for non-compliance of the condition(s)
in the offer of appointment and it is not necessary to follow the procedure prescribed
in the Disciplinary Rules/Temporary Service Rules for his purpose.

In order to check its misuse, it
has also been decided that this power of termination of services for
non-compliance of the condition(s) in the offer of compassionate appointment should
vest only with the Secretary in the concerned administrative
Ministry/Department not only in respect of persons working in the Ministry/Department
proper but also in respect of Attached/Sub-ordinate offices under that Ministry/Department. (O.M. No.14014/19/2000-Estt(D) dated 24.11. 2000).

18.

GENERAL

(a)

Appointments made on grounds of
compassion should be done in such a way that persons appointed to the post do
have the essential educational and technical qualifications and experience
required for the post consistent with the requirement of maintenance of
efficiency of administration.

(b)

It is not the intention to
restrict employment of a family member of the deceased or medically retired (erstwhile)
Group ‘D’ Government servant to a erstwhile Group ‘D’ post only. As such, a
family member of such erstwhile Group ‘D’ Government servant can be appointed
to a Group ‘C’ post for which he/she is educationally qualified, provided a
vacancy in Group ‘C’ post exists for this purpose.

(c)

The Scheme of compassionate
appointments was conceived as far back as 1958. Since then a number of
welfare measures have been introduced by the Government which have made a
significant difference in the financial position of the families of the Government
servants dying in harness/retired on medical grounds. An application for compassionate
appointment should, however, not be rejected merely on the ground that the
family of the Government servant has received the benefits under the various
welfare schemes. While considering a request for appointment on compassionate
ground a balanced and objective assessment of the financial condition of the
family has to be made taking into account its assets and liabilities
(including the benefits received under the various welfare schemes mentioned
above) and all other relevant factors such as the presence of an earning member,
size of the family, ages of the children and the essential needs of the
family, etc.

(d)

Compassionate appointment
should not be denied or delayed merely on the ground that there is
reorganisation in the Ministry/Department/ Office. It should be made available
to the person concerned if there is a vacancy meant for compassionate
appointment and he or she is found eligible and suitable under the scheme.

(e)

Requests for compassionate appointment
consequent on death or retirement on medical grounds of erstwhile Group ‘D’ staff
may be considered with greater sympathy by applying relaxed standards
depending on the facts and circumstances of the case.

(f)

Compassionate appointment will have
precedence over absorption of surplus employees and regularisation of daily wage/casual
workers with/without temporary status.

(g)

Any request to increase the
upper age-limit of 55 years for retirement on medical grounds prescribed in
para 2(A) (b) and (c) above in respect of Group ‘A’/’B’/’C’ Government
servants and to bring it at par with the upper age-limit of 57 years
prescribed therein for erstwhile Group ‘D’ Government servants on the ground
that the age of retirement has recently (May, 1998) been raised from 58 years
to 60 years for Group ‘A’/’B’/’C’ Government servants (which is at par with
the age of retirement of 60 years applicable to erstwhile Group ‘D’
Government servants) or on any other ground should invariably be rejected so
as to ensure that the benefit of compassionate appointment available under
the scheme is not misused by seeking retirement on medical grounds at the fag
end of one’s career and also keeping in view the fact that the higher upper
age-limit of 57 years has been prescribed therein for erstwhile Group ‘D’
Government servants for the reason that they are low paid Government servants
who get meagre invalid pension in comparison to others.

19.

IMPORTANT COURT JUDGEMENTS

The ruling contained in the
following judgements may also be kept in view while considering cases of
compassionate appointment:-

(a)

The Supreme Court in its
judgement dated April 8, 1993 in the case of Auditor General of India and
others vs. G. Ananta Rajeswara Rao [(1994) 1 SCC 192] has held that appointment
on grounds of descent clearly violates Article 16(2) of the Constitution; but
if the appointment is confined to the son or daughter or widow of the
Government servant who died in harness and who needs immediate appointment on
grounds of immediate need of assistance in the event of there being no other
earning member in the family to supplement the loss of income from the bread
winner to relieve the economic distress of the members of the family, it is
unexceptionable.

(b)

The Supreme Court’s judgement
dated May 4, 1994 in the case of Umesh Kumar Nagpal vs. State of
Haryana and others [JT 1994(3) S.C. 525] has laid down the following
important principles in this regard:

(i)

Only dependents of an employee
dying in harness leaving his family in penury and without any means of
livelihood can be appointed on compassionate ground.

(ii)

The posts in Group ‘C’ and ‘D’
(formerly Class III and IV) are the lowest posts in non-manual and manual categories
and hence they alone can be offered on compassionate grounds and no other
post i.e. in the Group ‘A’ or Group ‘B’ category is expected or
required to be given for this purpose as it is legally impermissible.

(iii)

The whole object of granting
compassionate appointment is to enable the family to tide over the sudden
crisis and to relieve the family of the deceased from financial destitution
and to help it get over the emergency.

(iv)

Offering compassionate appointment
as a matter of course irrespective of the financial condition of the family of
the deceased or medically retired Government servant is legally
impermissible.

(v)

Neither the qualifications of
the applicant (dependent family member) nor the post held by the deceased or
medically retired Government servant is relevant. If the applicant finds it
below his dignity to accept the post offered, he is free not to do so. The
post is not offered to cater to his status but to see the family through the
economic calamity.

(vi)

Compassionate appointment
cannot be granted after lapse of a reasonable period and it is not a vested right
which can be exercised at any time in future.

(vii)

Compassionate appointment
cannot be offered by an individual functionary on an ad-hoc basis.

(c)

The Supreme Court has held in
its judgement dated February 28, 1995 in the case of the Life Insurance Corporation
of India vs. Mrs Asha Ramchandra Ambekar and others [JT 1994(2)
S.C. 183] that the High Courts and Administrative Tribunals cannot give direction
for appointment of a person on compassionate grounds but can merely direct
consideration of the claim for such an appointment.

(d)

The Supreme Court has ruled in
the cases of Himachal Road Transport Corporation vs. Dinesh Kumar
[JT 1996 (5) S.C. 319] on May 7, 1996 and Hindustan Aeronautics Limited
vs. Smt A. Radhika Thirumalai [JT 1996 (9) S.C. 197] on October 9, 1996 that
appointment on compassionate grounds can be made only if a vacancy is
available for that purpose.

(e)

The Supreme Court has held in
its judgement in the case of State of Haryana and others vs. Rani
Devi and others [JT 1996(6) S.C. 646] on July 15, 1996 that if the scheme regarding
appointment on compassionate ground is extended to all sorts of casual, ad-hoc
employees including those who are working as Apprentices, then such scheme
cannot be justified on Constitutional grounds.

(f)

The Hon’ble Supreme Court in its
judgment dated 05.04.2011 in Civil Appeal No. 2206 of 2006 filed by Local
Administration Department vs. M. Selvanayagam @ Kumaravelu has observed that “an
appointment made many years after the death of the employee or without due
consideration of the financial resources available to his/her dependents and
the financial deprivation caused to the dependents as a result of his death, simply
because the claimant happened to be one of the dependents of the deceased
employee would be directly in conflict with Articles 14 & 16 of the
Constitution and hence, quite bad and illegal. In dealing with cases of
compassionate appointment, it is imperative to keep this vital aspect in
mind”. (O.M. No. 14014/3/2011-Estt.(D) dated 26.07.2012).