No.17-1/2022-SPG-II
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, New Delhi-110001
Dated the 20th July, 2023

To

All Chief Postmasters General

Subject: Scheme for compassionate appointment – Clarifications in respect of Relative Merit Points and Procedure for selection.

Madam/Sir,

Please refer to this office letter No. 17-1/2022-SPG-II dated 23.03.2022 providing for Revised Relative Merit Points System and procedure (RMPS-2022) for compassionate appointments in the Department of Posts. RMPS-2022 are applicable w.e.f. 23.03.2022 and all the CRC meets on or after 23.03.2022 are following these guidelines. It has been brought to the notice of the Directorate that there are some confusions in Circles regarding guidelines issued regarding Rejection of case in Para 5 of letter dated 23.03.2022. In this regard, it is clarified as under:

(i) CRC shall reject a case/application in third time if the case is not recommended in third consideration depending upon RMP of the case. An incomplete case should not be considered by CRC. However, if an incomplete case considered by CRC in past, its consideration should not be counted for the purpose of counting of total 3 times considerations.

(ii) It is not necessary to consider a case 3 times continuously in a row in respect of past cases. However, if a fresh case is considered by CRC after issue of RMPS-2022, it should be considered 3 times continuously in a row.

(iii) (a) Past applications/ cases which were not categorically rejected by previous CRCs and not considered for a total of 3 times in previous CRCs should be considered till completion of 3 times considerations. CRC shall ‘Reject’ the case in third time if the case is not recommended in third consideration depending upon RMP of the case.

(b) In past, as per recommendations of CRC in some Circles, candidates have been listed out in minutes of CRC under categories viz. ‘Recommended’; ‘Not Recommended’ and ‘Recommended for reconsideration by next CRC’ and no candidate has been listed out under ‘Rejected’ category. Circles have considered ‘Not Recommended’ candidates as ‘Rejected’ candidates and accordingly not considered them in CRC conducted after issue of RMPS-2022. In this regard, Circle is directed to prepare a list of such past candidates considered as “Deemed Rejected-I’ with the approval of Competent Authority i.e. Head of Circle. As such, past candidates should be considered for a total of 3 times by the CRC if they have not been listed out in ‘Deemed Rejected-I’ list.

(iv) Past applications/cases considered for a total of 3 times or more (whether or not considered for 3 times continuously in a row in past cases) in previous CRCs, should be considered deemed rejected. A list of such candidates under ‘Deemed Rejected-II’ category should be made with the approval of Competent Authority i.e. Head of Circle. After issue of RMPS-2022, these cases should not be placed before CRC even if past CRC has recommended to reconsider the case in next CRC. However, a case already considered for a total of 3 or more times in past and pending before the Court as on 23.03.2022 i.e. date of issue of RMPS- 2022, it may be reconsidered as per directions of Court for one more time only.

2. Circles will circulate this to all offices under their administrative control for dealing with requests/ applications seeking appointment on compassionate grounds.

3. This issues with the approval of Competent Authority.

(Hemant Kumar)
Assistant Director General (SPG)

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No.17-12/2022 -SPG-II
Government of India
Ministry of Communications
Department of Posts

Dak Bhavan, Parliament Street
New Delhi -110001
Dated the 24th February, 2023

To

All Chief Postmasters General

Subject: Scheme for compassionate appointment – Modification of Relative Merit Points and Procedure for selection.

Madam/Sir,

Please refer to this office letter No. 17-1/2022-SPG-II dated 23.03.2022 providing for Revised Relative Merit Points. System (RMPS) and procedure for compassionate appointments in the Department of Posts. It is observed that main delay in processing the case of compassionate appointment is in getting immovable property valuation report/income certificate from Revenue authority as prescribed in Variables No. (iii) & (iv) of RMPS issued on 23.03.2022. The matter has been reviewed and.in order to avoid delay and simplify the process, Notes under the Variables No. (iii) & (iv) of RMPS issued  on 23.03.2022 have been modified as under:

Development of module for online processing of compassionate appointment cases – DoP

2. Circles will circulate this to all offices under their administrative control for dealing with requests/ applications seeking appointment on  compassionate grounds.

3. It will be applicable for cases considered by CRC for the vacancy year 2022 and onwards.

4. This issues with the approval of DGPS.

(Hemant Kumar)
Assistant Director General (SPG)

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Latest DoPT Orders 2022

F.No. 14014/1/2022-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 02nd August, 2022

OFFICE MEMORANDUM

Subject:- Master Circular on Scheme of compassionate appointment – regarding.

The undersigned is directed to say that consolidated instructions on Scheme for “Compassionate Appointment under Central Government” was issued vide this Department’s O.M. No.14014/02/2012-Estt.(D) dated 16.01.2013. Subsequently few instructions on compassionate appointments under the Central Government have been issued. It has been decided to consolidate all instructions issued till date, in this Master Circular, under easily Comprehensible heading for benefit of ready reference. The number and date of the relevant Office Memorandum have been mentioned below each para. The relevant O.M can be accessed from this Department’s website https://dopt.gov.in under heading Notifications- OM. & Orders- 13 Establishment-Compassionate Appointment.

2. All Ministries/ Departments are requested to bring this to the notice of all concerned for information, guidance and necessary action.

3. Hindi version will follow.

(Pradeep Kumar)
Under Secretary to the Government of India

SCHEME FOR COMPASSIONATE APPOINTMENT

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

— who was wholly dependent on the Government servant/ member of the Armed Forces at the time of his death in harness or retirement on a medical grounds, as the case may.be.

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 II 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 so 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 fina! 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 equal to the lowest/first cell (minimum) of Pay Level-1 Rs. 18,000-56,900 (pre-revised -1S pay band). 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 of Pay Level-1. The period spent in Pay Level-1 by the. future recruits will not be counted as service for any purpose as their regular service will start only after they are appointed in the Group ‘C’ post after acquiring minimum educational qualifications, The pay of those governed by the 1S scale under 6th CPC Pay Rules may be revised by. using the Fitment Factor of 2.57 for placement in Level-1 in conformity with the Rule 7. of the CCS (RP) Rules, 2016. All pre-revised pay stages lower than pre-revised pay of. Rs.7,000 in the pre-revised 1S scale shall not be considered for determining the benefit of bunching, on the same lines as has been clarified by this Department’s O.M dated 03.08.2017 on application of the benefit on account of bunching. This will be effective from 01.01.2016. [Para 1 of O.M. No.14014/2/2009-Estt.D) Dated the 11th December, 2009 and Para 2 of { O.M. No.14014/2/2009-Estt.(D) Dated 09th October, 2017}]

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 ‘minimum of Pay Level-1(Rs. 18,000-56,900) 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 SO 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 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 a 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 7 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 a Ministry/Department concerned.

13. PROCEDURE

i) The Welfare Officer in each Ministry/Department/Office or a senior officer be may be deputed to meet the family members of the deceased Government Servant and apprise them of the terminal benefits available to the family. This may be done at the earliest possible, preferably, within 30 days of death.

ii) In case it is observed by the Welfare Officer/Senior Officer that the condition of the family of the deceased Government Servant is indigent, the family should also be apprised of the scheme for compassionate appointment.

iii) In such cases, the Welfare Officer or any other Officer would assist the family member of the deceased Government servant in applying for appointment on compassionate grounds. The application should be made in the format prescribed as in Annexure. All assistance should be extended to enable such family member to fill the Application Form for compassionate appointment. The Applicant should be advised in person about the requirements and formalities to be completed by him. The Applicant should also be given detailed information of the posts to which they can apply.

iv) The Administration shall satisfy itself regarding the correctness of the details entered in the Application form and family income and other details computed for processing the Application. During scrutiny, if any additional details or information having a bearing on the case, emerge, the same should be added as supplementary Note to the Application.

v) Every application found to be-in order, should be acknowledged by assigning a unique Registration number. All pending Applications should also be assigned unique registration number. This may be done within 2 to 3 weeks of time. Once a unique registration number has been assigned to an application, the Applicant, including those whose applications are pending, may be informed through email or  other forms of communication (including digital modes of communication) of their Unique Application Registration Number.

vi) Some Departments stich as CBIC, D/o Posts, D/o Defence have devised their own point based merit system, for processing claims for compassionate appointment. In order to bring in transparency and objectivity in dealing with such claims, all Ministries/Departments, who have not yet developed such a system, may do. so by devising their own point based merit system for assessing the merit of the claims of compassionate appointments.

vii) While informing ‘the Applicants of the registration number of . their Application, they may also be informed of the likely number of vacancies likely to be available to be filled on compassionate grounds as well as be provided with a copy of the point based merit system.

viii). To consider the various applications and to recommend individual applicant for grant of compassionate appointment, a Committee, comprising three members (one Chairman and two Members), may be constituted. The Committee may be chaired: by an Officer not below the rank of Director/Deputy Secretary in the Ministry/Department and officers of equivalent rank in the case of attached and a subordinate offices.

ix) The Committee may preferably meet once in a year, to consider all fresh requests received in the last calendar year, in addition to pending applications. In case large number of applications are received at different times during the calendar year, the Committee may meet twice or more to consider the applications.

x) Prior to every meeting of the Committee, the Applicants whose applications me are being ‘considered, should be informed, through email or other forms of communication (including digital modes of communication), of the number of vacancies in each grade ‘for which they are being considered as also the date the Committee is due to meet to consider their Application. However, the Applicant(s) would not be required to have any personal interaction, either with the Administration or the Committee and that the Applicants. may not be asked to be present during the meeting of the Committee.

xi) Every valid application shall be assessed strictly on: the basis of the point based merit system formulated by the concerned administrative Ministry/Department.

xii) The Committee should make its recommendation for appointment on compassionate ground as per the total points obtained by each Applicant, under the applicable point based merit system.

xiii) The result of each round of selection should be communicated to the Applicants. The points awarded against each parameter alongwith total merit points earned, should be provided to. the Applicants through email or other forms of communication.

xiv) The minutes of each meeting of the Committee including the merit points earned by each Applicant should also be placed, within a period of three weeks from the date of meeting of the Committee, in public domain on the website of the Ministry/Department/Organisation for information of all concerned.

xv) 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. (O.M No.43019/9/2019-Estt.(D) dated 23.08.2021

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. 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: ie. 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) 8.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 @ Kuinaravelu 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).

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CBIC-30A12(12)/7/2021 -Ad-IIIB Section-CBEC
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs

Gr. Floor, Hudco Vishal Building,
Bhikaji Cama Place, RK Puram, New Delhi-66,

To
All the Cadre Controlling Authorities
under Central Board of Indirect Taxes & Customs
(Through e-mail )

Subject: Instructions regarding data collection on pending compassionate appointment – regarding

Sir/Madam,

The undersigned is directed to refer to Board’s letter of even no. dated 05.08.2021 on the aforesaid subject and to say that the competent authority has noted, from the data furnished by CCAs on compassionate appointment cases, that data is not up to date. Therefore, the compassionate appointments data furnished by CCAs needs to be updated.

2. It is further requested to confirm if arrangements are in place in the zone, in relation to the procedure for compassionate appointments, in compliance with DoPT’s O.M. dated 23.08.2021.

3. In view of the above, you are requested to ensure compliance and accordingly send a report to Board on the issue at the earliest.

Yours faithfully,

(Mohammad Ashif)
Under Secretary to the Govt. of India

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REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICITON

CIVIL APPEAL NO. 5122 OF 2021

The Director of Treasuries
in Karnataka & Anr.

.. Appellants

Versus

V. Somyashree

.. Respondent

J U D G M E N T

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 17.12.2018 passed by the High Court of Karnataka at Bengaluru in Writ Petition No.5609/2017 by which the High Court has allowed the said Writ Petition preferred by the respondent herein and has quashed and set aside the order dated 09.12.2015 passed by the Karnataka State Administrative Tribunal, Bengaluru in Application No.6396 of 2015 and consequently has directed the appellants herein to consider the application of the respondent herein – original writ petitioner (hereinafter referred to as ‘original petitioner’) for grant of compassionate appointment, the original respondent has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

That one Smt. P. Bhagyamma, the mother of the original writ petitioner was employed with the Government of Karnataka as Second Division Assistant at Mandya District Treasury. She died on 25.03.2012. That original writ petitioner, who at the relevant time was a married daughter at the time when the deceased (Smt. P. Bhagyamma) died, initiated a divorce proceedings for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 on 12.09.2012. By its judgment and decree dated 20.03.2013 a decree of divorce by mutual consent was passed by the Learned Principal Senior Civil Judge, CJM, Mandya. On the very next day i.e. on 21.03.2013, the original writ petitioner submitted an application to appoint her on compassionate ground on the death of her mother. By order dated 03.05.2013, the application for appointment on compassionate appointment came to be rejected on the ground that there is no provision provided under Rule 3(2)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules 1996 (hereinafter referred to as ‘the Rules, 1996’) for divorced daughter. That the original writ petitioner made an application before the Karnataka State Administrative Tribunal being application No.6396 of 2015 on 20.07.2015 i.e. after a period of approximately 2 years from the date of rejection of her application for appointment on compassionate ground. The Learned Tribunal dismissed the said application by order dated 09.12.2015 on the ground that there is no provision for appointment on compassionate ground for divorced daughter. Thereafter, the original writ petitioner approached the High Court against the order dated 09.12.2015 passed by the Learned Administrative Tribunal, Bengaluru.

3. By impugned judgment and order dated 17.12.2018 the High Court has allowed the Writ Petition No.5609 of 2017 and has quashed and set aside the order dated 09.12.2015 passed by the Karnataka Administrative Tribunal, Bengaluru in application No.6393 of 2015 and has directed the appellants herein to consider the application of the original writ petitioner for grant of compassionate appointment based on the observations made in the impugned judgment and order. By the impugned judgment and order the High Court has interpreted Rule 3 of the Rules, 1996 and has observed that a divorced daughter would fall in the same class of an unmarried or widowed daughter and therefore, a divorced daughter has to be considered on par with ‘unmarried’ or ‘widowed daughter’.

3.1 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court, the appellants have preferred the present appeal.

4. Shri V.N. Raghupathy, Learned Advocate appearing on behalf of the State has vehemently submitted that in the facts and circumstances of the case, the High Court has materially erred in quashing and setting aside the order passed by the Learned Tribunal and has erred in directing the appellants to consider the application of the writ petitioner for grant of compassionate appointment.

4.1 It is submitted that the directions issued by the High Court directing the appellants to consider the application of the original writ petitioner for grant of compassionate appointment is just contrary to Rule 3 of Rules, 1996. It is submitted that as per Rule 3 of the Rules 1996 only “unmarried and widowed daughter” shall be entitled to and/or eligible for the appointment on compassionate ground in the case of the deceased female Government servant. It is submitted that Rule 3 (2)(ii) of Rules, 1996 does not include the ‘divorced daughter’ for grant of compassionate appointment in the case of the deceased female Government servant.
4.2 It is further submitted that even as per the definition of ‘dependent’ as defined in Rule 2 of the Rules, 1996, in case of deceased female Government servant her widower, son, (unmarried daughter or widowed daughter) who were dependent upon her and were living with her can be said to be ‘dependent’. It is submitted that the divorced daughter is not included within the definition of ‘dependent’.

4.3 It is submitted that therefore the directions issued by the High Court directing the appellants to consider the application of the respondent herein for appointment on compassionate ground as a divorced daughter is beyond Rule 2 and Rule 3 of the Rules, 1996.

4.4 It is submitted that even otherwise it has not been established and proved that the respondent herein was ‘dependent’ upon the deceased employee and was living with her at the time of her death.

4.5 It is further submitted that even otherwise the High Court has committed a grave error in not appreciating the fact that the deceased employee died on 25.03.2012 and that thereafter immediately the respondent initiated a divorced proceedings under Section 13B of the Hindu Marriage Act, 1955 on 12.09.2012 and obtained a decree for divorce by mutual consent dated 20.03.2013 and immediately on the very next day submitted that application for appointment on compassionate ground on 21.03.2013. It is submitted that the aforesaid facts would clearly demonstrate that only for the purpose of getting the appointment on compassionate ground she obtained the divorce by mutual consent. It is submitted that the High Court has not at all considered the aforesaid aspects.
5.7 Reliance is placed on the decision of this Court in the case of N.C. Santhosh vs. State of Karnataka and Ors., (2020) 7 SCC 617 in support of the submission that the appointment on compassionate ground only be as per the scheme and the policy.

5.8 Making the above submissions it is prayed to allow the present appeal.

6. Present appeal is vehemently opposed by Shri Mohd. Irshad Hanif, Learned Advocate for the respondent – original writ petitioner.

6.1 It is submitted that in the facts and circumstances of the case the High Court has rightly interpreted Rule 3 and the object and purpose by which Rule 3 was amended in the year 2000 by which the words ‘unmarried daughter’ and ‘widowed daughter’ came to be included within the definition of ‘dependent’ in Rule 3. It is submitted that the High Court has rightly observed that the intention and the rule making authority in adding ‘unmarried’ or ‘widowed daughter’ to the definition of dependent is very clear. It is submitted that the High Court has rightly observed that ‘divorced daughter’ would fall in the same class of ‘unmarried’ or ‘widowed daughter’. It is submitted that while interpreting Rule 3 of the Rules, 1996 the High Court has adopted the purposive meaning.

6.2 It is submitted that even subsequently and as per the Karnataka Civil Services Appointment on Compassionate Grounds (Amendment Rules, 2021) the ‘divorced daughter’ also shall be eligible for appointment on compassionate ground in the case of the deceased Government servant. It is submitted that therefore the interpretation made by the High Court by the impugned judgment is absolutely in line with the amended Rules, 2021 by which now even ‘divorced daughter’ also shall be entitled the appointment on compassionate ground in the case of the deceased servant.

6.3 Making the above submissions it is prayed to dismiss the present appeal.

7. While considering the submissions made on behalf of the rival parties a recent decision of this Court in the case of N.C. Santhosh (Supra) on the appointment on compassionate ground is required to be referred to. After considering catena of decisions of this Court on appointment on compassionate grounds it is observed and held that appointment to any public post in the service of the State has to be made on the basis of principles in accordance with Articles 14 and 16 of the Constitution of India and the compassionate appointment is an exception to the general rule. It is further observed that the dependent of the deceased Government employee are made eligible by virtue of the policy on compassionate appointment and they must fulfill the norms laid down by the State’s policy. It is further observed and held that the norms prevailing on the date of the consideration of the application should be the basis for consideration of claim of compassionate appointment. A dependent of a government employee, in the absence of any vested right accruing on the death of the government employee, can only demand consideration of his/her application. It is further observed he/she is, however, entitled to seek consideration in accordance with the norms as applicable on the day of death of the Government employee. The law laid down by this Court in the aforesaid decision on grant of appointment on compassionate ground can be summarized as under:

• (i) that the compassionate appointment is an exception to the general rule;
• (ii) that no aspirant has a right to compassionate appointment;
• (iii) the appointment to any public post in the service of the State has to be made on the basis of the principle in accordance with Articles 14 and 16 of the Constitution of India;
• (iv) appointment on compassionate ground can be made only on fulfilling the norms laid down by the State’s policy and/or satisfaction of the eligibility criteria as per the policy;
• (v) the norms prevailing on the date of the consideration of the application should be the basis for consideration of claim for compassionate appointment.

8. Applying the law laid down by this Court in the aforesaid decision to the facts of the case on hand, we are of the opinion that as such the High Court has gone beyond Rule 2 and Rule 3 of the Rules, 1996 by directing the appellants to consider the application of the respondent herein for appointment on compassionate ground as ‘divorced daughter’. Rule 2 and Rule 3 of the Rules, 1996 read as under:

“2. Definitions:- (1) In these rules, unless the context otherwise requires:-

(a) “Dependent of a deceased Government servant” means-

• (i) in the case of deceased male Government servant, his widow, son, (unmarried daughter and widowed daughter) who were dependent upon him; and were living with him; and
• (ii) in the case of a deceased female Government servant, her widower, son, (unmarried daughter and widowed daughter) who were dependent upon her and were living with her;
• (iii) ‘family’ in relation to a deceased Government servant means his or her spouse and their son, (unmarried daughter and widowed daughter) who were living with him.

(2) Words and expressions used but not defined shall have the same meaning assigned to them in the Karnataka Civil Services (General Recruitment) Rules, 1977.”

6. The eligibility on the death of a female employee is in terms of Rule 3(2)(ii) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, which reads as follows:

Rule 3(2)(ii):-
‘(ii) in the case of the deceased female Government servant;

• (a) a son;
• (b) an unmarried daughter, if the son is not eligible or for any valid reason he is not willing to accept the appointment;
• (c) the widower, if the son and daughter are not eligible or for any valid reason they are not willing to accept the appointment.
• (d) a widowed daughter, if the widower, son and unmarried daughter are not eligible or for any valid reason they are not willing to accept the appointment.

3. xxx 4 xxx”

8.1 From the aforesaid rules it can be seen that only ‘unmarried daughter’ and ‘widowed daughter’ who were dependent upon the deceased female Government servant at the time of her death and living with her can be said to be ‘dependent’ of a deceased Government servant and that ‘an unmarried daughter’ and ‘widowed daughter’ only can be said to be eligible for appointment on compassionate ground in the case of death of the female Government servant. Rule 2 and Rule 3 reproduced hereinabove do not include ‘divorced daughter’ as eligible for appointment on compassionate ground and even as ‘dependent’. As observed hereinabove and even as held by this Court in the case of N.C. Santhosh (Supra), the norms prevailing on the date of consideration of the application should be the basis of consideration of claim for compassionate appointment. The word ‘divorced daughter’ has been added subsequently by Amendment, 2021. Therefore, at the relevant time when the deceased employee died and when the original writ petitioner – respondent herein made an application for appointment on compassionate ground the ‘divorced daughter’ were not eligible for appointment on compassionate ground and the ‘divorced daughter’ was not within the definition of ‘dependent.’

8.2 Apart from the above one additional aspect needs to be noticed, which the High Court has failed to consider. It is to be noted that the deceased employee died on 25.03.2012. The respondent herein – original writ petitioner at that time was a married daughter. Her marriage was subsisting on the date of the death of the deceased i.e. on 25.03.2012. Immediately on the death of the deceased employee, the respondent initiated the divorced proceedings under Section 13B of the Hindu Marriage Act, 1955 on 12.09.2012 for decree of divorce by mutual consent. By Judgment dated 20.03.2013, the Learned Principal Civil Judge, Mandya granted the decree of divorce by mutual consent. That immediately on the very next day i.e. on 21.03.2013, the respondent herein on the basis of the decree of divorce by mutual consent applied for appointment on compassionate ground. The aforesaid chronology of dates and events would suggest that only for the purpose of getting appointment on compassionate ground the decree of divorce by mutual consent has been obtained. Otherwise, as a married daughter she was not entitled to the appointment on compassionate ground. Therefore, looking to the aforesaid facts and circumstances of the case, otherwise also the High Court ought not to have directed the appellants to consider the application of the respondent herein for appointment on compassionate ground as ‘divorced daughter’. This is one additional ground to reject the application of the respondent for appointment on compassionate ground.

8.3 Even otherwise, it is required to be noted that at the time when the deceased employee died on 25.03.2012 the marriage between the respondent and her husband was subsisting. Therefore, at the time when the deceased employee died she was a married daughter and therefore, also cannot be said to be ‘dependent’ as defined under Rule 2 of the Rules 1996. Therefore, even if it is assumed that the ‘divorced daughter’ may fall in the same class of ‘unmarried daughter’ and ‘widowed daughter’ in that case also the date on which the deceased employee died she – respondent herein was not the ‘divorced daughter’ as she obtained the divorce by mutual consent subsequent to the death of the deceased employee. Therefore, also the respondent shall not be eligible for the appointment on compassionate ground on the death of her mother and deceased employee.

9. In view of the above and for the reasons stated above, the appeal succeeds. The impugned common judgment and order passed by the High Court in Writ Petition No.5609/2017 is hereby quashed and set aside. The Writ Petition before the High Court is dismissed accordingly. However, there shall be no order as to costs.

……………… J.
(M. R. SHAH)

……………… J.
(ANIRUDDHA BOSE)

New Delhi, September 13, 2021

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ANNEXURE

PROFORMA REGARDING EMPLOYMENT OF DEPENDENTS OF GOVERNMENT SERVANTS DYING WHILE IN SERVICE/RETIRED ON INVALID PENSION

PART-A

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Compassionate Appointment to the dependent of the deceased central government employee is to provide immediate financial support

File No. X-12/3/2021-SPN-II-DOP
Government of India
Ministry of Communications
Department of Posts
(Personnel Division)

Dak Bhawan,
Sansad Marg
New Delhi – 110001
Date: 02.06.2021

To
All the Chief Postmasters General,
All Postmasters General
Chief General Manager, Business Development/ Parcel/ PLI Directorate Director,
RAKNPA/ CGM CEPT / Director, All Postal Training Centres

Subject: Appointment on compassionate grounds of a dependent of a deceased departmental employee in a Division/ Unit far away from the place of residence of deceased employee’s family.

Madam/Sir,
It has been brought to the notice of the Directorate that dependents of deceased departmental employees appointed on compassionate ground when given appointment in a Division/Unit which is far away from the place of residence of deceased employee’s family, some time, face hardship in sustaining the family.

2. The objective of the Scheme of Compassionate Appointment to the dependent of the deceased government employee is to provide immediate financial support to the destitute family of the deceased so that the family can sustain itself. As per the prescribed procedure, posts to be earmarked under compassionate appointment category in each cadre are worked out by the Circles in July /August for the next calendar year and the vacancies so arrived at are then earmarked to various Divisions/ Units of the Circle. As the number of available posts under compassionate appointment category are very limited, some Divisions/Units of the Circle sometimes are left devoid of any vacancy earmarked under compassionate quota.

3. In order to mitigate the hardship being faced in such cases by the dependents of deceased departmental employees appointed on compassionate grounds, the Competent authority has hereby decided that Head of Circle or Regional PMG, as the case may be, shall be authorised to consider the circumstances of such cases of dependents of the deceased employee appointed on compassionate grounds and order his/her on cost attachment/ deputation to a Division/Unit close to his/her place where the family of the deceased employee resides.

Yours faithfully,
Digitally signed
(Muthuraman C)
Assistant Director General (SPN)

Appointments on compassionate grounds are made to any of the dead Government Servant’s legal heirs. Wife, husband, son, daughter, divorcee, widowed daughter, and so on.

Yes, indeed. The application for a compassionate appointment must be made within three years of the date of the Government Servant’s death.

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No.17-4/2018-SPG II/PT-I
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg
New Delhi – 110 001
Dated: 27 May 2021

To:
1. All Chief Postmasters General / Postmasters General
2. CGM, Parcel Directorate / PLI Directorate/CEPT.
3. Director, RAKNPA
4. Directors of all PTCs
5. Addl.DG, APS, New Delhi.
6. All GMs (Finance) / Directors Postal Accounts / DDAP.

Subject: Scheme for compassionate appointment – Relaxation of guidelines in the wake of COVID situation- regarding

In continuation to this office letter No.17-4/2018-SPG -II/PT-I dated 24.05.2021 and corrigendum dated 25.5.2021, following further instructions of competent authority are hereby issued:

• (i) In case due to restrictions on the mobility of any of the members of CRC, the meeting of CRC will be conducted through VC by circulating the required documents; and minutes of the CRC meeting may be signed by circulation.
• (ii) In addition to the information as sought in annexure to the OM dated 24.5.2021 under reference, Circles may also submit following additional information as Part-3 in the following format:

3. Additional Information related to selected candidate:-

Yours faithfully,

(G. Rajeev)
Director (Staff)

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Web Circulation

कर्मचारी भविषय निधि संगठन
EMPLOYEES’ PROVIDENT FUND ORGANISATION
श्रम एवं रोजगार मंत्रालय, भारत सरकार
MINISTRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA

No. HRM-V/I11(07)/ Compassionate Appointment Policy Matter/ 2019/ Vol.III/ 2191

Dated: 14 JAN 2021

All Addl. CPFC (HQ) (Zones)/ All Addl. CPFC (Zones)
Director (PDNASS)/Addl. CPFC (ASD)
All Regional PF Commissioners/ OIC of Regional Offices

Subject: Appointment on compassionate grounds – Regarding.

Reference: (i)Head Office letter No.HRM-V/I11(07)/ Compassionate Appointment Policy Matter/2019/Vol.III/ 1/473/2020, 1/474/2020, 1/474/2020, and 1/478/2020 dated 23.07.2020.
(ii) HO No.B-11/1/2020-HRM-VI dated 10.09.2020.

Sir/ Madam,

Central Provident Fund Commissioner while reviewing the pendency of Compassionate Appointment proposals expressed his displeasure on the inordinate delay in disposal of compassionate appointment proposals and non-submission of Report on Quarterly Zonal Screening Committee meeting. Further, CPFC directed that in light of delegation of powers and detailed guidelines, all-compassionate appointment proposals pending at the level of Zonal Office shall be considered and disposed off latest by 31st January 2021.

EPFO – Guidelines for Appointment on Compassionate grounds- Revised delegation of Administrative Powers

2. An action taken report on above direction may be furnished to this office by 03.02.2021 for the perusal of CPFC.

Yours faithfully

(Uma Mandal)
Addl. Central PF Commissioner (HRM)

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F.No.A.12012/ 8/ 2020-Ad.III.B
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs

Gr. Floor, Hudco Vishal Building ,
Bhikaji Cama Place, RK Puram, New Delhi-66,
Dated: 14.12.2020

To

The All Cadre Controlling Authorities
Under CBIC (through CBIC’s website)

Subject: Scheme for compassionate appointment – Relative merit point & revised procedure for selection / Tie breaking formula – reg.

Sir/ Madam ,

Please refer to Board’s letter F.No.A.12012/52/2018-Ad.III B dated 15th May, 2019 wherein a standard operating procedure based on a 100-point scale was circulated for compassionate appointment to ensure transparency and maintain uniformity and to avoid litigation in the selection process.

2. It has been reported to the Board by one CCA that while applying 100 points scale parameters, as mentioned in SOP, some candidates have equal marks in merit and Cadre Controlling Authority is unable to decide the merit of such The matter of tie of marks secured by some candidates has been deliberated in the Board to resolve such situation.

3. After examination the issue in detail, it has been decided that the tie breaking factor can be per dependent available  income i.e. total of first  three  financial parameters prescribed in SOP   (Pension­ annualised,   total   terminal   benefits and   annual   income   of earning members and income from property) divided by total   number of dependants  (spouse,  parents,  dependent  married / unmarried / widowed /divorced daughters, dependent minor children of deceased Government Servant OR dependent sister(s)/ brother(s) of an unmarried deceased Government Servant, unmarried major son below 25 years & dependant major sons who are physically / mentally  challenged) . The lesser the per dependent available income, the  higher  the  rank amongst the applicants whose scores had a tie.

4. In case of tie even after applying the factor of per dependent available income, then the left-over service of Government  Servan t can be This is suggested as it is felt that longer the  left-over service of the deceased, the more is the impact on the family. Applicants related to Government  servant with  higher  left-over  service would be considered over the one with lesser left-over service.  In case of tie even then, the next factor can be No. of physically /mentally challenged dependents & unmarried /divorced daughter(s). In case of tie even then, the next factor can be age of the applicant, with  elder applicants given preference.

Reservation in Appointment on Compassionate Ground Group ‘C’ posts

5. The tie breaking factor(s) in the order indicated above, should be used only to decide relative merit of the applicants scoring same points on 100-point scale and only if the applicants scoring same points cannot be accommodated against available All the above details are already included in the SOP and hence would be readily available with CCAs in case of a tie.

6. Apart from this while deciding the tie breaking factors as mentioned in the preceding paras, based on suggestions received from some Cadre Controlling Authorities, the entries made at point N 7 & 8 in 100-point scale of SOP issued vide letter No. A.12012 / 52/ 2018- Ad.IIIB dated 15.09.2019 shall be substituted by the following entries;

(7) ”Dependent married / unmarried / widowed / divorced daughters of deceased Government Servant”

(8). “Dependent minor children of deceased Government Servant OR dependent sister(s) / brother(s) of an unmarried deceased Government  Servant”

7. The other contents mentioned in original SOP issued vide letter A.12012 / 52 / 2018-Ad.IIIB dated 15.05.2019 will  remain unchanged. Henceforth, all the concerned are advised to strictly follow weightage points system keeping in view instructions of DoPT & Board issued from time to time.

8. This issued with the approval of Chairman (CBIC).

Yours faithfully,

(Mohammad Ashif)
Under Secretary to the Govt. of India

Source: CBIC

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