No. 17-01/2017-GDS (Vol-l)
Government of India
Ministry of Com mu nications
Department of posts
(GDS Section)

Dak Bhawan, Sansad Marg,
New Delhi-110 001
Dated: 06.06.2022

Subject: Review of the Scheme for engagement of the dependent of a deceased Gramin Dak Sevak on Compassionate Grounds.

Sir/Madam,
Reference this office letter No. l7-l/2017-GDS dated 30.05.2017 on the above mentioned subject.

2. In this context, several references have been received in this Directorate wherein the engagement of a dependent of deceased Gramin Dak Sevak on compassionate grounds was placed before CCE and rejected due to reasons like non-completion of the required documents/process, etc.
3. The Competent Authority has examined the issue and observed that the application for compassionate engagement placed before Committee for Compassionate Engagement (CCE) should be complete in all aspects viz. application filled in format, supporting documents, required educational qualification, age limit etc. In addition, due verification/scrutiny of records shall also be completed before CCE meeting.
4. Since Department has made provision for 100% engagement on compassionate grounds, the Competent Authority has decided to give an opportunity to dependents to submit their representation against rejection on the above grounds by Circles. Director General Postal Services will be the Competent Authority for taking final decision on such cases/representations. The applicant/dependent may submit his/her representation against rejection for compassionate engagement to the Director General Postal Services through the Chief Postmaster General concerned.
5. No representation shall be entertained unless it is submitted within a period of six months from the date on which the dependent Receives a copy of the order represented against. However, the final Competent Authority may entertain the representation even after the expiry of the said period, if it is satisfied that the dependent had sufficient cause for not submitting the representation in time.
6. HOCS are requested to ensure forwarding such representation to the Directorate within 15 days from the receipt of representation along with the attested copies of the following documents:

• (i) Representation given by dependent along with the supported documents.
• (ii) Application of dependent along with the documents placed before
• (iii) Minutes of Committee for Compassionate Engagement (CCE) vide which the application of dependent was rejected.
• (iv) Comments of the HOC on the representation on the grounds cited by the representations.

(D. K. Tripathi)
Assistant Director General (GDS/PCC)

Download Review of the Scheme for engagement of the dependent of a deceased Gramin Dak Sevak on Compassionate Grounds PDF

The post Review of the Scheme for engagement of the dependent of a deceased Gramin Dak Sevak on Compassionate Grounds appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

No.17-01/2017-GDS (Vol-I)
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

Dak Bhawan, Sansad Marg,
New Delhi-110 001
Dated: 09.02.2022

OFFICE MEMORANDUM

Subject:- Review of the scheme for engagement of a dependent of deceased Gramin Dak Sevaks on compassionate grounds – reg.

Kindly refer to this office letter No. 17-01/2017-GDS dated 30.05.2017 and letter of even number dated 12.11.2021 on the above mentioned subject.

2. Present guidelines on compassionate engagement does not provided engagement of dependent of deceased GDS, if she/he does not possess requisite educational qualification at the time of death of the Sevak or while applying for engagement on compassionate grounds.

3. In this context, several references were received form Service Unions. The matter has been examined by the Competent Authority and approved that only for the post of Dak Sevaks can considered and may be given considerable time upto maximum 3 years for acquiring of minimum required educational qualification as prescribed with the following terms and conditions:-

• (i) She/he will be at the minimum of TRCA. Annual increment shall not be allowed until acquiring the minimum required educational qualifications and until regularization of engagement.
• (ii) Engagement shall be provisional subject to provisions under Rule-8 of GDS (Conduct and Engagement) Rules, 2020 in the case of not acquiring minimum required educational qualification.
• (iii) Transfer shall not be considered before regularization of engagement.

4. This OM comes into effect from the date of issue.

5. This issues with the approval of the Competent Authority.

Yours sincerely
(D. K. Tripathi)

The post Scheme for engagement of a dependent of deceased Gramin Dak Sevaks on compassionate grounds appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

EAST COAST RAILWAY

Office of the Principal Chief Personnel Officer
Bhubaneswar – 751017

No.ECoR/Pers/ Rectt/Comp.Appt/ Policy/EA

Date: 05.10.2021

All PHODs/ HoDs/ ECoR/BBS
DRM/Sr.DPO/DPO- KUR, WAT, SBP, Dy.CPO(Con)/VSKP
CWMANPO-MCS.Addl. Register/RCT, SPO(Con)/BBS
Genl. Secy/ECoRSC, ECoRSU, AIOBCREA, AISCSTREA.

Sub: Adoption of uniform guidelines for procedures followed in Compassionate Ground Appointment cases.

Ref: This office even letter No. dated 16.08.2018 (Estt.SI.No.138/2018, dated 27.08.2018 & dated. 09.10.2018.

In continuation to the letter under reference, now it has been decided by the GM/ ECOoR/ BBS to adopt RRB norms as qualifying marks for appointment on Compassionate Ground. Further, forty percent (40%) shall be considered as qualifying marks for Compassionate Appointments in Ministerial Categories also.

Accordingly, the minimum qualifying marks required for various categories which are listed below under Compassionate Appointment (CGA) in compliance to Para (vi) (d) of ECoR even Letter number dated 16.08.2018 & 09.10.2018 will be 40% (forty percent only).

This has the approval of GW/ ECoR/ BBS.

(Prakhar Gupta)
Dy.Chief Personnel Officer (HQ)
For Principal Chief Personnel Officer

The post 40% qualifying marks for appointment on Compassionate Ground RRB norms East Coast Railway appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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

The post Divorced daughter was not eligible for compassionate appointment – Supreme Court Judgement appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

APPENDIX TO DoP&T O.M. No. 43019/9/2019-Estt.(D) DATED 23rd August, 2021

13. PROCEDURE (existing para 13 of OM dated 16.1.2013 stands substituted as follows)

i) The Welfare Officer in each Ministry/ Department/ Office or a senior officer 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 such 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 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 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.

The post Procedure of appointment on Compassionate Ground para 13 DoPT Order appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

A) Death attributable to performance of enforcement functions under the Customs/ GST/ NDPS Act or any other Act of the Government of India /State(s), including anti-smuggling, anti-evasion and anti­ narcotics duties, etc.: In case of death attributable to performance of enforcement functions under the Customs/ GST/ NDPS Act or any other Act of the Government of India/State(s), including anti-smuggling, anti-evasion and anti-narcotics duties, etc., ex-gratia financial assistance amounting to Rs.25 lakhs shall be paid to the survivors of the deceased departmental officials/ staff. An illustrative list of cases falling in this category is hereunder:

1) Death of departmental officials/ staff during the search and seizure operations against tax evaders, smugglers, drug traffickers, economic offenders etc. attributable to attacks during search and seizure operations including attacks by parties whose premises are searched, tax evaders, law offenders etc.

2) Death resulting from acts of violence or assault by economic offenders, smugglers, drug traffickers etc. committed against departmental officials/ staff:

• With an intention of obstructing or preventing the official/ staff from performing his/her official duties; or
• Due to any act done or attempted to be done by the official/ staff in the lawful discharge of his/her duties; or
• Attributable to the official position held by the official/ staff.

B) Death attributable to accidents or incidents of violence by terrorists, anti-social elements, etc. while on duty: In case of death of departmental officials/ staff attributable to accidents or incidents of violence by terrorists, anti-social elements, etc. occurring while on duty, ex-gratia financial assistance amounting to Rs.15 lakhs shall be paid to the survivors of the deceased official/ staff. An illustrative list of cases falling in this category is hereunder:

1) Death of officials/ staff as a result of accidents including the road accidents while proceeding to or returning from anti-smuggling/anti-evasion and anti-narcotics duties, or conduct of search and seizure operations against tax evaders, economic offenders, smugglers and drug traffickers, etc.

2) Death of officers/ staff as a result of an accident while travelling in a public, private or official vehicle or otherwise of an erstwhile Group ‘D’ employee, Dispatch Rider, Messenger, Notice Server, etc. deputed to distribute dak, deliver notices, etc. or of Departmental officials/ staff while performing field duties.

3) Death in an air crash/train accident/ accident to ship, river steamers etc. resulting in the death of the officials/ staff undertaking official journeys by these modes of travel while on duty.

4) Death of officials/ staff occurring due to fire accidents while he/she is on duty.

5) Departmental officials/ staff killed while on duty in incidents of terrorist violence in Jammu & Kashmir, North Eastern Region, Punjab, etc. other than in actual enforcement operations.

6) Death of departmental officials/ staff while on duty as an unwitting/unintended victims of bomb-blast s in public places, vehicles, indiscriminate shooting incidents occurring in public, etc. all of which are often resorted to by terrori sts, anti-social elements etc.

C) Death Attributable to a pandemic like corona virus disease (COVID-19) contracted while on duty:

1) In case of death of officials/staff attributable to infection of coronavirus contracted while on duty, an ex-gratia financial assistance amounting to Rs.7 lakhs shall be paid to the survivors of the deceased official/staff.

2) The primary cause of death of staff/official must be coronavirus disease (COVID-19). (Refer Point 3/ 3(a) & 7 of checklist) supported by a medical certificate.

3) A certificate given by the Commissioner of the Commissionerate or the ADO of the Directorate, countersigned by the Pr. Chief Commissioner or the Pr. Director General/ Director General under whom the officer was working at the time of death would be accepted as proof of the officer /staff to having contracted the disease of corona virus (COVID-19) while on duty.

D) Death not covered under (A), (B) or (C) above: In case of death of a departmental official/ staff which is not covered under (A), (B) or (C) above, ex-gratia financial assistance amounting to Rs.5 lakhs shall be paid to the survivors of the deceased official/ staff. Such cases include natural death, death of officials/ staff in accidents or incidents of violence by terrorists, anti-social elements, etc., otherwise than on duty.

E) Permanent injury or disability of departmental officials/ staff during the performance of his/her official duties: Ex-gratia financial assistance amounting to Rs.15 lakhs shall be paid to officials/ staff who sustain permanent injury or disability during the performance of their official duties.

A summary of the Scheme for ex-gratia financial assistance from the Customs and Central Excise Welfare Fund is mentioned below:

*The Ex-Gratia Financial assistance from Welfare Fund as outlined above shall be paid in addition to any assistance which may be sanctioned from the Consolidated Fund of India in terms of Department of Pension & Pensioner’s O.M. No. 45/55/97-P&PW(C) dated 11.09.98 as amended from time to time

Note:
I.
i) The Commissioners/ADGs while forwarding proposals for financial assistance in this regard should critically examine the circumstances of death/ injury of the subject official/ staff and certify that the death is attributable to performance of enforcement functions under the Customs/GST/NDPS Act or any other Act of the Government of India/State(s), including anti-smuggling, anti-evasion and anti-narcotics duties, etc. categorized under (A) above or due to road accidents or incidents of violence while proceeding to or returning from anti-smuggling/ anti-evasion and anti-narcotics duties accidents or incidents of violence by terrorists, anti-social elements, etc. occurring while on duty, categorized under (B) above or the officer was working at the time of death would be accepted as proof of the officer/ staff to having contacted the disease of corona virus (COVID-19) while on duty categorized under (C) above or Permanent injury or disability sustained in performance of official duty as categorized under (E) above.

ii) The payment of ex-gratia financial assistance from the Customs and Central Excise Welfare Fund is not linked to the value of terminal benefits and immovable property of the deceased official/ staff. This delinking shall be applicable to all cases where death has occurred on or after 14.06.2011.

iii) The ex-gratia financial assistance from Welfare Fund as outlined above shall be paid in addition to any assistance which may be sanctioned from the Consolidated Fund of India in terms of Department of Pension & Pensioner’s O.M. No. 45/55/97-P&PW(C) dated 11.09.98 . The condition No. 12 contained in the Annexure to the afore-mentioned O.M., which provides that ex­ gratia assistance paid from different sources should not exceed Rs. 10 Lakhs in each individual case, has since been revised vide O.M. dated 16.03.2009 and the upper limit with respect to the aggregate of the relief/ex-gratia compensation from different sources in the government was raised to Rs. 20 lakhs. Subsequently, vide O.M. dated 12.07.2010 this upper limit also stands removed.

iv) In case of Category (C) of Table above, the primary cause of death of staff/officials must be coronavirus disease (COVID-19). (Refer point 3, 3(a) & 7 of checklist) supported by a medical certificate.

v) A certificate given by the Pr. Commissioner/Commissioner of the Commissionerate or the Pr. ADG/ADG of the Directorate, countersigned by the Pr. Chief Commissioner/Chief Commissioner or the Pr. Director General/Director General under whose jurisdiction the officer was working at the time of death would be accepted as proof of the officer /staff to having contracted the disease of corona virus (COVID-19) while on duty.

II. The decision regarding grant of ex-gratia financial assistance from the Customs and Central Excise Welfare Fund shall be delinked from the appointment on compassionate grounds of a family member of the deceased official/ staff.

III. Time limit for submission of the proposal:

(i) A time limit of two years from the date of death of the official/ staff or the date when permanent injury or disability is sustained, as the case may be, has been prescribed for submission of a proposal for ex-gratia financial assistance.

(ii) An officer- PRO/ Welfare Officer/ any other officer who may be designated at the Commissionerate /Directorate level shall be entrusted the responsibility of ensuring that the request for ex-gratia financial assistance from the Welfare Fund along with its required accompanying documents is prepared in a timely manner by providing the much needed guidance to the survivors of the deceased or the official/ staff who sustained permanent injury or disability, as the case may be, who may otherwise be ignorant of the provisions of this Scheme. This is to ensure that inordinate delays in submission of requests for consideration of the Governing Body and subsequent disbursement of the ex-gratia financial assistance are done away with.

(iii) However, if for some reasons, a proposal for ex-gratia financial assistance could not be submitted in the prescribed time limit of two years even though the survivor(s) of the deceased or the official/ staff who sustained permanent injury or disability, as the case may be, deserve ex­ gratia financial assistance on merits, the same may be submitted for consideration of the Governing Body, providing adequate justification for non submission of the proposal within the prescribed time limit of two years.

(iv) The revised Scheme has come into effect from 21.08.2020.

CHECK LIST FOR PROPOSALS FOR EX-GRATIA FINANCIAL ASSISTANCE

Check that:

1. Application of beneficiary has been enclosed.

2. The date of death and age of the deceased official is mentioned.

3. Death certificate is enclosed. In case of death due to coronavirus disease (COVID-19), post mortem report or certificate of hospital , in which it should be mentioned that primary cause of death is corona virus disease (COVID-19) is enclosed.

3(a) A certificate given by the Commissioner of the Commissionerate or the ADG of the Directorate, countersigned by the Pr. Chief Commissioner or the Pr. Director General/ Director General under whom the officer was working at the time of death would be accepted as proof of the officer /staff to having contracted the disease of corona virus (COVID-19) while on duty.

4. In cases of death due to accident, or in mysterious circumstances, police investigation report is enclosed.

5. Following details of each of the surviving members of the family of deceased official are given: Name, Age, Relationship with the deceased official, in case of dependent children give their marital status, employed (mention earning/ income) or studying (mention class/course).

6. In case if the surviving beneficiaries are minor chi ldren, details of their legal heir ship along with copy of Court Order, if any, have been given.

7. A certificate issued by the concerned Commissioner/ HOD after examining the circumstances of the death/ injury of the subject official as to whether the death is attributable to the actual performance of enforcement functions such as anti-smuggling I anti-evasion/ anti-narcotics duties., etc. categorized under (A) or accidents or incidents of violence by terrorists, anti-social elements, etc. while on duty, categorized under (B) or Permanent injury or disability sustained in performance of official duty as categorized under (D) has been enclosed.

8. Proposal has been submitted within the prescribed time limit of 2 years from the date of death of the official/ staff or the date when permanent injury or disability was sustained by the official/ staff.

9. In case of proposal submitted after the prescribed period of 2 years, reasons for delayed submission of the proposal giving full justification has been enclosed.

10. Proposal has been recommended by the Advisory Committee headed by Commissioner/ HOD. The Advisory Committee should be headed by the Commissioner/ HoD and should have at least one representative each from Group- ‘A’ to ‘C’ category of officials, including one official from uniformed Group ‘C’ category (erstwhile Group-D officials). The decisions arrived at by the Advisory Committee should be forwarded, as minutes of meeting, to the Governing Body with full details/justifications for further consideration and Sanction.

Source: cbic.gov.in

The post Revised Consolidated Guidelines for Grant of Ex-gratia Finance Assistance from Customs and Central Excise Welfare fund appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

File No. 1RM-V/11(07) Compassionate Appointment / Policy Matter/2019 /Vol.III/1/478/2020

23/07/2020

कर्मचारी भविष्य निधि संगठन
EMPLOYEES’ PROVIDENT FUND ORGANISATION
श्रम एवं रोजगार मंत्रालय, भारत सरकार
MINISTRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA
मुख्य कार्यालय/Head Office
भविषयूव निधि भवत, 34, भीकाजी कामा प्लेस, लई दिलली-110066
Bhavishya Nidhi Bhawan, 14, Bhikaiji Cama Place, New Delhi-110066
Website: www.epfindia.gov.in, www.epfindia nic.m

To

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

Guidelines for Appointment on Compassionate grounds – Revised delegation of Administrative Powers – Regarding.

Ref: (i) HO letter no HRM-V/11(7)/ 2019/CA Policy Matter/Vol-III/1/474/2020 Dated: 23.07.2020
(ii) HO letter no. HRM-V/IV/11(7)/ 2015/CA Policy Matter/Vol.J/ 4563 Dated 29.06.2018.

Sir /Madam,

Please refer to HO Letter under reference (i) conveying the delegation of powers for appointment on compassionate ground of an eligible dependent family member of a deceased /missing employee or an employee retired on medical grounds. The detailed guidelines for consideration of appointment on compassionate basis are enclosed herewith, which may scrupulously be followed to ensure uniformity and transparency of procedure across the country.

(This issues with the approval of the Central P.F. Commissioner.)

Yours faithfully

Encl.: As above.

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

PROCEDURAL GUIDELINES
FOR COMPASSIONATE APPOINTMENT IN EPFO

A consolidated set of instructions on compassionate appointment was issued by the Department of Personnel and Training (DoP&T) vide OM No.14014/02/2012–Estt. (D) dated 16.01.2013 as amended from time to time. In view of the statutory nature of the Employees’ Provident Fund Organisation (EPFO), the said guidelines have been adopted for implementation in EPFO, subject to such delegation as deemed appropriate by the CBT, EPF and with such modification as deemed expedient by the circulars issued by the Head Office from time to time. (A list of such circulars/guidelines issued on the matter is enclosed as Annexure-I along with copies thereof for ready reference).

2. The CBT, EPF delegated the power of appointment on compassionate grounds to CPFC and the ACC (Zone) in its 226 Meeting held on 05.03.2020. To give effect to the said delegation, a detailed set of procedural guidelines is laid down herewith. These guidelines shall further be subject to such amendment as deemed necessary by the DoP&T and Head Office from time to time.

3. The object of these guidelines is to bring uniformity and transparency in the procedure of granting approval for appointment on compassionate grounds to a dependent family member of an employee of the Central Board of Trustees (CBT), who died 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 employee concerned from financial destitution and to help it get over the emergency.

Download: Procedural Guidelines for Compassionate Appointment in EPFO

The post EPFO – Guidelines for Appointment on Compassionate grounds- Revised delegation of Administrative Powers appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Nirman Bhawana, New Delhi.
Dated the 15th June, 2020.

Office Memorandum

Subject: Rotational Transfer of Officers / Staff in view of COVID-19 Pandemic.

The under signed is directed to forward an O.M. No.28/05/2019 – EC-I(A)/EW.I dated 11th May, 2020 on the subject cited above.

2. MOHUA vide their above mentioned OM has stated that in view of the extraordinary situation prevailing in the country due to COVID-19 Pandemic Causing serious disruptions, it has been decided that no rotational transfers of officers/ officials in different grades (Group A. B, & C) be carried out till 30th April, 2021 except on following grounds:

• Administrative reasons i.e. to fill vacancies due to promotion/ retirement/ resignation/ death of incumbent, closure of units due to less workload, creation of new units, punishment and vigilance angle.
• Compassionate grounds i.e. medical emergency for self or family members.
• Any other ground with specific approval of the Ministry”.

3. Therefore, it is request to take necessary action as per the above mentioned guideline/ instructions of the Ministry of Housing and Urban Affairs.

Also check: Request for relaxation in compassionate appointment – Deaths due to COVID-19 – FNPO

Encl.: As stated above.

Sd/-
(Ashok Bawal)
Deputy Director(Admn.-V)

Central Government Employees News

No. 28/05/2019-EC. I(A) /EW. I
Government of India
Ministry of Housing and Urban Affairs
(Works Division)

Nirman Bhawan, New Delhi
Dated 11th May, 2020

OFFICE MEMORANDUM

Sub: Rotational Transfers of Officers / Staff in view of COVID-19 Pandemic situation – reg.

In view of the extraordinary situation prevailing in the country due to COVID-19 Pandemic causing serious disruptions, it has been decided that no rotational transfers of officers/officials in different grades (Group A, B & C) be carried out till 30th April, 2021 except on following grounds:

• Administrative reasons i.e. to fill vacancies due to promotion/ retirement/ resignation/ death of incumbent, closure of units due to less workload, creation of‘new units, punishment and vigilance angle.
• Compassionate grounds i.e. medical emergency for self or family members.
• Any other ground with specific approval of the Ministry.

2. This has the approval of competent authority.

(J. Roy Chowdhury)
Deputy Secretary to the Government Of India

Source: CPWD

The post MoHUA- No rotational transfer of officers of different grades (Group A, B, & C) until April 30th, 2021 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Federation of National Postal Organisations (FNPO)
T-24, Atul Grove Road, New Delhi-110001

Secretary-General
B.Shivakumar

20/04/2020

Ref :
To,
The Chairman,
Postal Services Board,
Dak Bhavan,
New Delhi 110001.

Sir,

Sub: Deaths due to COVID-19 : Request for relaxation in compassionate appointment – reg

My Federation repeatedly requesting the Department to follow Ministry of Health instructions while opening and operating the offices during COVID -19 pandemic. It is the most unfortunate that no circles are following the MOH advisories. This failure to follow advisories resulted in infection of a few Officials of the department. Out of which one is succumbed.

In the instant case one of our officials namely Abdul Haasan had attended duty at Kolkatta Foreign post on 30/3/2020 and 01/04/2020. He was admitted in RG Kar Medical College and Hospital Kolkatta on 14/04/2020 with high fever and breathing problem. In the course of treatment as inpatient, our official Abul Haasan expired on 18/04/2020. According to our information dead body of our staff, was not handed over to the family, it was buried by the State Government authorities. Subsequently, Abul Haasan family members have been sent to quarantine by the state government authorities. This is the most unfortunate, in this connection circle unions both FNPO & NFPE jointly met CPMG and submitted a detailed letter requesting protection to the staff from COVID-19 infection. It is also requested to observe MOH advisory on the subject during the course of employment during the period of this pandemic. The Circle unions have also requested the CPMG to cause compassionate appointments to the family member of the demised official by relaxing the prevailing rules.

Further to submit that the undersigned appraised off the details of the case to Member (P) on 20.04.2020 via whats app and the Member (P) has conveyed the deepest condolences.

This incident of death is in the course of the employment exposing to the deadly Virus. This death is most unfortunate and resulted due to extraordinary conditions. The official is succumbed while rendering the essential service in view of this my federation requests the Chairman Postal Services Board kindly take up the issue with DOP&T to cause relaxation to, in extending the benefit of Compassionate appointments to the deceased family members, wherein the death due to COVID-19. In other words the norms for compassionate appointments may not be observed for the cases of death due to the pandemic.

With high hope, my federation is suggesting this for kind consideration and speedy action.

Yours sincerely,
sd/-
B.Shivakumar.
secretary-general.

Copy to:
Member (Personnel),
Postal Services Board,
Dak Bhavan,
New Delhi 110001.

Source: FNPO

The post Request for relaxation in compassionate appointment – Deaths due to COVID-19 – FNPO appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

01 AUG 2019

The Union Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh gave appointment letters to the candidates selected on the basis of compassionate grounds in Department of Personnel & Training (DoPT), here today. The Secretary, Department of Administrative Reforms & Public Grievances and Department of Pensions, Shri K. V. Eapen and senior officers of the Ministry were also present on the occasion. The letters were presented to 9 such candidates selected for appointment as MTS in DoPT.

Speaking on the occasion, Dr Jitendra Singh said that the Government has a system of compassionate appointments where employment is given to the dependents of the deceased Government servants who have died before reaching their retirement. The appointments are given to the most suitable applicants based on their penury conditions and to support their livelihood. He expressed happiness and satisfaction that this pending process has been completed by DoPT. The Minister said that this is a human issue and this step will help these families in meeting their livelihood needs. He added that 18 such vacancies were there, out of which 9 have been selected and given appointment letters today. He conveyed his wishes to the candidates and encouraged them to work hard to contribute to the Government system.

The last such appointment was made during the year 2014 against the vacancies that occurred for the year 2011. Present appointments are being made for the vacancies that occurred since the year 2012 and onwards. In total, 18 vacancies occurred during these years, for which 18 applications were received. Accordingly, in order to ensure that appointment on compassionate ground should go only to the most deserving dependents, a Sub-Committee was constituted to physically verify their penury conditions. The Sub-Committee had submitted its report on 03.05.2019. Finally, the Screening Committee met on 15th May, 2019 to assess the suitability of the applicants on the basis of the Guidelines on Compassionate appointments. The Screening Committee also considered the report of the Sub-Committee and recommended 09 most suitable applicants for appointment to the post of MTS on compassionate ground against vacancies that have arisen since 2012.

Thus, a very important long pending issue of appointments on compassionate ground in DoPT has been resolved within a very short span of time for which the bereaved families of the deceased employees were waiting for last 7 years.

PIB

The post MoS (PP) Dr Jitendra Singh gives Appointment letters to candidates appointed on compassionate grounds in DoPT appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.