No. AN/VIII/19001//Circular/Vol-II
To
The All PCsDA/PCA (Fys)/CsDA
Subject: Clarification Compassionate Appointment.
A reference regarding applicability of provision contained in OM No. 14014/2/2009- Est (0) dated 3rd April 2012 in case of appointment of Shri Pankaj on compassionate grounds was received from PCDA (WC) Chandigarh. Shri Pankaj was appointed as Trainee on compassionate grounds on 06.03.2009 and he was placed in the minimum of —1S pay band of Rs 4440-7440 without any Grade Pay as he did not meet criteria of educational qualification required for the post of MTS. In terms of DOPT OM dated 3rd April 2012, a person appointed as Trainee on compassionate grounds has to acquire minimum educational qualification in 5 Years. Since Shri Pankaj has not acquired minimum educational qualification till date, the matter was referred to Ministry of Defence (Finance) to obtain clarification from DOPT on under mentioned points. The clarification issued by DOPT vide their Dy. No. 1128890/15/CR dated 20.11.2015 is as under:-
| Sl No. |
Points of doubt | Clarification |
| 1, | Whether Shri Pankaj will continue to be in service as Trainee even if he does not acquire the minimum qualification within five years, if so how long. | Necessary action in terms of paragraph 17 of the consolidated instructions on compassionate appointment contained in DOPT OM No. 14014/02/2012-Estt (D) dated 16.01.2013 regarding termination of service may be taken. |
| 2 | Whether counting of 5 years service may commence from the date of issue of clarification of DOPT OM No. 14014/2/2009-Estt (D) dated 03.04.2012 or from the date of his appointment |
The instructions I clarifications issued vide DOPT OM No. 14014/212009-Estt (D) dated 03.04.2012 have prospective effect. This means that these instructions will also apply after 03.04.2012 to persons / trainees appointed on compassionate ground before this date. |
In view of the above, it is requested to regulate all similar cases accordingly
Source: http://cgda.nic.in/adm/clar_comp_app_070116.pdf
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