MASTER CIRCULAR NO. 16 COMPENDIUM ON APPOINTMENT ON COMPASSIONATE GROUNDS in Railways
Appointment on compassionate grounds-case of second widow &her Children
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Subject
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Letter No.
| Date |
E (NG) III/78/RC-1/1
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30.04.1979
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E (NG) III/79/RC-1/47
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29.11.1979
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E (NG) III/78/RC-1/1
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25.08.1980
| |
E (NG) III/78/RC-l/l
|
03.02.1981
| |
E (NG) II/81/RC-1/251
|
06.02.1982
| |
E (NG) II/81/RSC-25
|
06.05.1982
| |
E (NG) II/81/RC-1/251
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24.05.1982
| |
E (NG) II/82/RC-1/108
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18.09.1982
| |
E (NG) II/82/RC-1/213
|
17.01.1983
| |
E (NG) III/78/RC-1/1
|
07.04.1983
| |
E (NG) III/78/RC-1/1
|
27.05.1983
| |
E (NG) III/78/RC-1/1
|
03.09.1983
| |
E (NG) II/83/RC-1/77
|
08.09.1983
| |
E (NG) III/78/RC-1/1
|
28.09.1983
| |
E (NG) II/83/RC-1/68
|
07.12.1983
| |
E (NG) II/81/RC-1/25l
|
27.12.1983
| |
E (NG) II//84/RC-1/1 Policy
|
31.03.1984
| |
Subject
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Letter No.
|
Date
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E (NG) II/84CL/28
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04.05.1984
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E (NG) II/84/RC-1/51
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19.09.1984
| |
E (NG) II/84/RC-1/105
|
16.11.1984
| |
E (NG) II/84/RC- I/172
|
01.03.1985
| |
E (NG) II/84/RC-1/26
|
18.04.1985
| |
E (NG) II/84/RC-1/174
|
25.06.1985
| |
E (NG) II/86/RC-1/1 Policy
|
25.03.1986
| |
E (NG) II/86/RC-1/1/ Policy
|
31.10.1986
RBE. 214/86
| |
E (NG) II/84/CL/28
|
31.12.1986
RBE. 256/86
| |
E (NG) II/84/CL/28
|
13.03.1987
| |
E (NG) II/86/RC-1/20
|
24.06.1987
RBE. 165/87
| |
E (NG) II/87/RC-1/57
|
21.08.1987
RBE. 218/87
| |
E (NG) II/87/RC-1/152
|
19.10.1987
| |
E (NG) II/87/RC-1/143
|
19.04.1988
RBE. 80/88
| |
E (NG) II/84/RC-1/26
|
21.04.1988
| |
E (NG) II/86/RC-1/1 Policy
|
20.05.1988
RBE. 106/88
| |
E (NG) II/80/RC-1/4 (KW)
|
22.02.1989
RBE. 56/89
| |
Subject
|
Letter No.
|
Date
|
E (NG) II/87/RC-1/143
|
28.04.1989
RBE. 115/89
| |
E (NG) II/84/RC-1/26
|
03.05.1989 RBE. 118/89
| |
E (NG) II/88/RC-1/1 Policy
|
02.11.1989 RBE 274/89
| |
E (NG) II/84/CL/28
|
06.12.1989
| |
E (NG) II/88/RC-1/1 Policy
|
12.02.1990 RBE 28/90
| |
E (NG) II/88/RC-1/141
|
08.03.1990 RBE 46/90
| |
E (NG) II/84/RC-1/26
|
18.04.1990 RBE 68/90
| |
E (NG) II/87/RC-1/143
|
07.08.1990
| |
E (NG) II/88/RC-1/1 Policy
|
06.02.1991 RBE 30/91
| |
E (NG) II/90/RC-143 | 25.02.1991 RBE 37/91 | |
E (NG) II/88/RC-1/1
|
16.05.1991 RBE 102/91
| |
E (NG) II/91 RC-1/20
|
18.06.1991 RBE 114/91
| |
E (NG) II/91/RC-1/65
|
07.08.1991 RBE 143/93
| |
E (NG) II/90/RC-1/90
|
06.09.1991 RBE 160/91
| |
E (NG) II/91/RC-1/136
|
02.01.1992 RBE 01/92
| |
E (NG) II/84/RC-1/26
|
15.06.1992 RBE 96/92
| |
Subject
|
Letter No.
|
Date
|
E (NG) II/91/RC-1/117 (MC)
|
30.09.92
RBE 164/92
| |
E (NG) II/92/RC-1/117
|
24.11.199
RBE 199/92
| |
E (NG) II/93/SB/5
|
07.10.1993 RBE 14794
| |
E (NG) II/94/RC-1/35
|
20.05.1994 RBE 40/94
| |
E (NG) II/93/RC-1/157
|
17.06.1994 RBE 47/94
| |
E (NG) II/84/RC-1/26
|
02.08.1994
RBE 64/94
| |
E (NG) II/84/RC-1/26
|
21.11.1994 RBE 100/94
| |
E (NG) II/92RC-1/112
|
22.11.1994 RBE 101/94
|
COMPENDIUM ON APPOINTMENT ON COMPASSIONATE
GROUNDS
Subject: Appointment on compassionate grounds — Master Circular
[E (NG) II/90/RC-1/117 dated 12.12.1990]
At present, the orders relating to appointment on compassionate grounds are scattered in a number of office circulars/orders issued from time to time. The question of consolidation of these existing Orders/Circulars into one Master Circular has been under the consideration of the Ministry of Railways, Railway Board. They have now decided to issue a consolidated order on the subject of appointments on compassionate grounds as below for the information and guidance of all concerned.
Appointments on compassionate grounds relate to the appointments made of dependents of Railway servants who lose their lives in the course of duty or die in harness otherwise while in service or are medically incapacitated/decategorised. The circumstances in which appointments on compassionate grounds may be made are as below:
(i) When Railway servants lose their lives in the course of duty or get so crippled that they cannot do any work (this also in the course of duty, for example, loco and traffic running staff in charge of trains involved in accidents),
(ii) When Railway employees die in harness while in service, before retirement.
(iii) When an employee’s whereabouts are not known for a period of seven years and the settlement dues of the employees are or are not paid to the family on this account. This limit of seven years may be relaxed to three years on the merits of each case with the approval of the General Manager, subject to the condition that the services of the person appointed on compassionate grounds would be terminated in case the missing employee is traced subsequently. Compassionate appointments in such cases may be delinked from the payment of settlement dues. In other words, compassionate appointments in such cases may not be denied or deferred only on the ground that settlement dues of missing employees are still to be paid to the person entitled to receive them.
[No. E (NG) II/81/RC-1/251 dated 06.02.1982 & 24.05.82 and No. E (NG) II/81/RC-1/251 dated 27.12.1983]
(iv) When Railway employees become crippled while in service or develop serious ailments like heart disease, cancer, etc. or otherwise medically decategorised for the job they are holding and no alternative job of the same emoluments can be offered to them.
(v) Where, on being medically decategorised, a Railway employee is offered alternative employment on the same emoluments, and requests for compassionate appointment, provided that if he has less than three years of service at the time of decategorisation, personal approval of the General Manager is to be obtained before the compassionate appointment is made.
(vi) For appointment of handicapped wards of railway employees on compassionate grounds, registration with special employment exchanges is not necessary and if the candidate claims physical handicap, this may be verified/established based on the general criteria circulated vide Annexure to Board’s letter No. E (NG) III/77/RC-1/54 dated 08.01.1978 through competent Medical Officers.
[No. E (NG) II/82/RC-1/48 dated 19.10.1982]
(vii) In the case of a railway servant who is medically incapacitated or decategorised and retires from service and if compassionate appointment is otherwise permissible, such appointments may be offered also to the wife of the Railway servant subject to the following conditions:
(a) Either the employee has no son or daughter or the son or daughter is a minor at the time the request for appointment is made.
(b) In such cases the appointment will be approved personally by the Chief Personnel Officer; and
(c) The Railway Administration has no practical difficulty in offering appointment in a post for which the candidate is eligible and suitable.
[No. E (NG) II/84/RC-1/105 dated 16.11.1984]
(viii) There is no bar in giving appointment to the husband of a female railway employee on compassionate grounds in the circumstances in which such appointments are otherwise permissible.
[No. E (NG) II/82/RC-I/213 dated 17.01.1983]
(ix) Normally only the father is taken to be the bread-winner of the family. In the event of both wife and husband are Railway Employees, on account of death of the husband employment is permissible to a ward but not on account of death of the wife.
[No. E (NG) II/86/RC-I/I/Policy dated 31.10.1986]
(x) Where the widow cannot take up employment, Railways can keep the “case for appointment on compassionate grounds open to enable consideration of appointment of a minor son when he attains majority, even though at the time of occurrence of the event making compassionate appointment permissible, there is a daughter who has attained majority and/or a major son who is already employed. This will be subject to the following conditions:
(a) The minor son to be appointed will be attaining majority of age within a period of five years of the event of death which is the basis for appointment on compassionate grounds.
(b) Where there is more than one minor son, it is only the eldest minor son who should be considered for appointment when he attains majority and not any of the minor sons.
(c) Further in such cases, the competent authority should be satisfied about the bona fides of the request of the widow or if there is no surviving widow, of the family, that appointment should be given to a minor son (when he attains majority) instead of a daughter or an employed son who is already a major.
[No. E (NG) II/84/RC-1/172 dated 01.03.1985]
II. (a) In a case where a railway servant is declared unfit for all posts in terms of para 512 (ii) of the Medical Manual and is retired from railway service, compassionate appointment to the ward of such a Railway servant would not be admissible.
(b) In all cases of persons being declared unfit on account of malingering, medical unfitness papers should invariably carry an endorsement that he was declared unfit under para 512 (ii) of the Indian Railway Medical Manual.
[No. E (NG) II/86/RC-1/20 dated 24.06.1987 and 07.08.1987]
(c) When any compassionate appointment is made as Junior Accounts Assistants, the Railway Administrations should invariably include a clause in the relevant appointment letter about passing Appendix II Examination within three years as per normal rules, failing which the person so appointed on compassionate grounds would be reverted to Clerk Grade II.
[No. E (NG) II/88/RC-1/141 dated 08.03.1990]
III. Persons eligible to be appointed on compassionate grounds:
Son/daughter/widow/widower of the employees are eligible to be appointed on compassionate grounds in the circumstances in which such appointments are permissible. Where the widow cannot take up employment and the sons/daughters arc minor, the case may be kept pending till the first son/daughter becomes a major i.e. attains the age of 18 years, subject to time limits as provided under Para (V) of the Circular. The benefit of compassionate appointments may also be extended to a “near relative/adopted son/daughter”. The eligibility of a near relative/adopted son/daughter to such appointments will be subject to the following conditions:
(i) Such appointment is not permissible where the railway employee who has died in harness has left behind only the widow, with no son/daughter to be supported by her.
(ii) The son or daughter of the employee or ex-employee is a minor one and the widow cannot take up employment.
(iii) A clear certificate should be forthcoming from the widow that the “near relative” will act as the bread-winner of the family.
(iv) If the family certifies at a later date that the “near relative”, who was appointed on compassionate grounds, refuses to support the family, the services of that employee are liable to be terminated
(v) Once a “near relative” is appointed on compassionate grounds, no further appointment shall be given later to a son, or daughter or the widow of the employee, on compassionate grounds.
(vi) The appointment of the “near relative” shall not be considered, if a son or daughter, or the widow herself is already working and is earning.
A blood relation who is considered to be a bread-winner of the family can be considered as “near relative” for the purpose of appointment on compassionate grounds.
[No. E (NG) III/78/RC-1/1 dated 03.02.1981, No. E (NG) II/88/RC-l/1/Policy dated 12.02.1990]
(i) There is satisfactory proof of adoption valid legally;
(ii) The adoption is legally recognised under the personal law governing the Railway servant;
(iii) The legal adoption process has been completed and has become valid before the date of death/medical decategorisation medical incapacitation (as the case may be) of the ex-employee.
[No. E (NG) II/86/RC-1/I/Policy dated 20.05.1988]
IV. A brother-in-law (wife’s brother) would not come within the categories of persons eligible for compassionate appointment. Similarly a son-in-law also is not eligible for appointment on compassionate grounds.
[No. E (NG) II/87/RC-1/152 dated 19.10.1987 and No. E (NG) III/78/RC-1/1 dated 03.02.1981]
(a) Normally all appointments on compassionate grounds should be made within a period of five years from the date of occurrence of the event entitling the eligible person to be appointed on this ground. This period of five years may be relaxed by the General Manager, subject to the following conditions:
(i) The powers shall be exercised personally by the General Manager. It shall not be delegated to a lower authority.
(ii) The case should not be more than ten years old as reckoned from the date of death.
(iii) The widow of the deceased employee should not have remarried.
(iv) The benefit of compassionate appointment should not have been given at any time to any other member of the family or to a near relative of the deceased employee.
(v) The circumstances of the case should be such as to warrant relaxation of the time limit of five years.
(vi) The reasons for relaxing the time limit should be placed on record.
(vii) The request for compassionate appointment should have been received by the Railway Administration as soon as the son/ daughter to be considered for compassionate appointment has become a major, say within a maximum period of one year.
The above delegation of powers is current upto 31.03.1992.
[No. E (NG) II/84/RC-1/26 dated 18.04.1985 and 18.04.1990]
(b) Where death occurred more than 10 years back and also in cases where death took place between 5-10 years back but the conditions stipulated in para V (a) above are not fulfilled, a compassionate appointment is not within the competency of the General Manager except in the case of loss of life in course of duty or getting crippled in the course of duty. However, in such cases, if compassionate appointment is otherwise admissible and if after careful examination of the case it is found that there are special features or circumstances justifying relaxation of time limit as also criteria, the cases could be considered by the Railway Administration for approaching the Railway Board for relaxation of as a special case. Such a reference to the Railway Board should be made by the Railway Administration only with the personal approval of the General Manager.
[No. E (NG) II/87/RC-1/57 dated 21.08.1987]
(a) Normally the persons seeking appointment on compassionate grounds should fulfil the conditions of eligibility regarding age and educational qualifications prescribed for appointment to the posts or grade concerned. However, the upper age limit may be freely relaxed on merits of the cases. The lower age limit of 18 years normally required for appointment in Government may also be relaxed upto one year with the personal approval of the General Manager. Relaxation of the lower age limit beyond one year will require the approval of the Ministry of Railways. In making appointments on compassionate grounds, Divisional Railway Managers may relax age limit in the case of appointment to Group ‘D’ posts.
[No. E (NG) III/79RC-1/47 dated 29.11.1979]
(b) The educational qualifications prescribed for the post to be offered should not be relaxed. However, if on the merits of an individual case, the General Manager feels that such a relaxation of the minimum educational qualifications is absolutely necessary, such cases may be referred to the Ministry of Railways. The Railway Board will consider these cases on merits subject to the stipulation that the candidate shall acquire the requisite qualification within a prescribed time limit. Such case will carry the following stipulations, in the offer of appointment:
(i) The period to be allowed for acquiring the qualification will be two years.
(ii) Such a person will not be confirmed in service till he acquires the qualification.
(iii) He will not be eligible for promotion till such time he acquires the qualification.
(iv) If any junior is promoted before the senior compassionate appointee acquires the qualification, such promotion of the junior will be treated as regular. In other words, the compassionate appointee will lose seniority in the higher grade to such of his juniors as may have been promoted to the next higher grade, before he acquires the prescribed qualification.
[No. E (NG) II/80/RC-1/4 (KW) dated 22.02.1989]
However, in the cases of following posts in Group ‘D’ exclusively reserved for compassionate appointments for widows, the minimum educational qualifications prescribed may not be insisted upon:
(a) Water Women.
(b) Retiring Room Attendants.
(c) Cinder Picking Women.
(d) Sweeper Women.
(e) C&W Khalasis (For Waste Packing only)
(f) Ayah and female sanitary cleaner in Railway Hospitals, Railway Schools.
(g) Khalasis attached to sub-divisional officers of AEN, PWI and IOW, and a percentage of vacancies of Office Peons may be reserved for them.
[No. E (NG) II/86/RC-1/1 Policy dated 25.03.1986]
(a) In regard to appointments on compassionate grounds to the categories of Assistant Station Masters, Guards, Senior Clerks, Enquiry-cum-Reservation Clerks etc., the minimum qualifications of University Degree should be insisted upon. These appointments are within the Zonal Powers.
[No. E (NG) II/82/RSC/25 dated 06.05.1982]
(b) All appointments on compassionate grounds should be made only in the recruitment grades like office clerks, commercial clerks, Assistant Station Masters, etc. No appointment should be made on compassionate grounds in an intermediate grade i.e. one, which is filled purely by promotion. Appointments on Compassionate grounds are also not normally permissible in the category of Traffic Apprentices/Commercial Apprentices (Grade Rs. 1600-2660) and Engineering Graduate Apprentices (Grade Rs. 2000-3200) because direct recruitment in these grades is proportionately very limited.
(c) However, if in any rare and exceptional case, where the circumstances are particularly distressing and fixation of pay at a higher stage than that normally admissible under the Rules is considered justified, the Railway may approach Railway Board giving full details in the prescribed proforma for approval. In no case should pay be fixed at any higher stage in such case without Board’s prior approval.
[No. E (NG) II/83/RC-1/68 dated 07.12.1983]
(a) The candidates applying for appointments on compassionate grounds should be subjected to suitability test by a committee of three Senior Scale Officers one of whom should be a Personnel Officer. The suitability of those proposed to be appointed on compassionate grounds should be properly assessed by a strict test. In case the candidate has the necessary minimum qualifications for employment in a Group ‘C’ post, his suitability for all types of Group ‘C’ posts in the order of suitability, should be judged and recorded by the screening committee, which should also clearly indicate the categories for which the candidate has not been considered suitable. Final offer of appointment will, however, be subject to the availability of vacancies, passing of medical examination, production of necessary certificates etc.
[No. E (NG) II/88/RC-1/1 Policy dated 02.11.1989]
(b) It is not necessary that the ward of a Group’ D’ employee should be appointed on a Group ‘D’ post only. If such a ward possesses the required qualification prescribed for Group ‘C’ posts and is also adjudged suitable for the post, he should be considered for such Group ‘C’ posts.
[No. E (NG) II/84/RC-1/174 dated 25.06.1985]
The power to make compassionate appointments is vested in the General Manager. The General Manager may, however, redelegate this power to the Divisional Railway Manager and also to Heads of Extra Divisional Units, who are in Level-1 subject to such control, as he may like to impose on the exercise of power by those authorities.
[No. E (NG) II/78/RC-1/1 dated 07.04.1983]
In the cases of appointments of Group ‘C’ posts the powers may be exercised by the Chief Personnel Officer in consultation with the Heads of Departments concerned. In the cases of Group ‘D’ posts the powers to make such appointments should be delegated to the Divisional Railway Managers.
[No. E (NG) III/78/RC-1/1 dated 30.04.1979]
General Managers may also exercise powers in regard to appointment of dependents of Gazetted Officers on compassionate grounds provided the appointments are made in the recruitment grades viz. Office Clerk, Ticket Collectors, Commercial Clerks, etc. etc.
[No. E (NG) III/78/RC-1/1 dated 27.05.1983]
(a) The following should be the order of priority to be followed while making appointments on compassionate grounds:
(i) Dependents of employees who die or are permanently crippled in the course of duty.
(ii) Dependents of employees who die in harness as a result of Railway or other accidents when off duty.
(iii) Dependents of employees who:
(a) Die in service or are totally incapacitated while in service irrespective of the period of service left to reach the age of superannuation or of earning retirement benefits in full, or
(b) Are medically decategorised with less than 30 years of qualifying service for pensionary benefits/30 years of service for SC to PF.
(iv) Dependents of employees who are medically decategorised with 30 years or more of qualifying service for pensionary benefits/30 years of service for SC to PF.
[No. E (NG) II/84/RC-1/51 dated 19.09.1984]
(b) For the proper enforcement of priorities, separate lists should be maintained in each office, for the categories indicated above, the date of priority being from the date of eligibility. All appointments should be made strictly in this order. Where, for any special reasons, it is felt necessary to depart from the priority list, the sanction of the next higher authority (Chief Personnel Officer for appointments to Group’ C’ posts) must be obtained giving details for ignoring the priority and the list of persons being put back in priority list. Such cases should, however, be rare.
(c) Where a candidate for compassionate appointment is eligible and is also adjudged suitable for a post in Group ‘C’ but for want of a vacancy in Group ‘C’, he is offered appointment in Group ‘D’, which he accepts, his case may be considered for appointment in a Group ‘C’ post as soon as suitable vacancy arises therein. Such a candidate will have preference for appointment in a vacancy in Group ‘C’ occurring later, over a candidate in the same priority group, found suitable for such a post at any subsequent date under the same approving authority. In such cases, a specific record, with the approval of the competent authority should be kept to the effect that the candidate was selected for a Group ‘C’ post but appointed to a Group ‘D’ post for want of a vacancy in Group ‘C’ because the candidate needs employment immediately and that he will be considered for a vacancy in Group ‘C’ as early as possible when a vacancy arises therein subject to his being found medically fit for the post for which he is considered.
(d) A time limit of one month should be observed within which appointments should be given in priority (i) cases and three months in cases relating to priority (ii), (iii) and (iv) subject to vacancies being available.
[No. E (NG) III/78/RC-1/1 dated 07.04.1983]
(a) The General Managers have powers to consider and decide requests for appointment on compassionate grounds of the wards/ widow of a casual labour who dies due to accident while on duty provided the casual labourer concerned is eligible for compensation under the Workmen’s Compensation Act, 1923. Such appointments should be as casual labour (fresh face) or substitute.
(b) Similar consideration may also be shown to a ward/widow of a casual labourer with temporary status at the discretion of the General Manager.
(c) This power should be exercised by the General Manager personally and should not be delegated to any authority. This power should be exercised judiciously keeping in view the particular need to contain the total casual labour force.
[No. E (NG)/II/84/CL/28 dated 04.05.1984, 31.12.1986, 13.03.1987 and 06.12.1989]
XII. (a) When offering appointment on compassionate grounds to a widow,
son,daughter, etc. it need not be checked whether another son, daughter is already working; but in no case should there be more than one appointment against one death/medical incapacitation. For example, it should not be permitted where the family wants another son or daughter to be employed in lieu or in addition to an appointment already made on compassionate grounds.
son,daughter, etc. it need not be checked whether another son, daughter is already working; but in no case should there be more than one appointment against one death/medical incapacitation. For example, it should not be permitted where the family wants another son or daughter to be employed in lieu or in addition to an appointment already made on compassionate grounds.
(b) Once an appointment on compassionate grounds of the wards/widow, etc. has been made in a particular category/grade, no change of category/grade is subsequently permissible, subject to the provisions in para X (c) above.
[No. E (NG)/III/78/RC-1/1 dated 07.04.1983]
Wherever any deviation from the above provisions is sough to be made in individual cases of merit, the prior approval of the Ministry of Railways should be obtained and in such cases, personal approval of the General Manager should be indicated in the references. Detailed particulars are to be furnished in the prescribed proforma.
[No. E (NG)/II/87/RC-1/143 dated 19.04.88 & 07.08.1990]
(a) While referring to this circular, the original letters referred to herein should be read for a proper appreciation. This circular is only a consolidation of the instructions issued so far and should not be treated as substitution to the originals. In case of doubt, the original circular should be relied upon as authority.
(b) The instructions contained in the original circulars referred to have only prospective effect from the date of issue unless specifically indicated otherwise in the concerned circulars. For dealing with old cases, the instructions in force at the relevant time should be referred to, and
(c) If any circular on the subject, which has not been superseded, has not been taken into consideration while preparing this consolidated letter, the said circular, which has been missed through oversight, should be treated as valid and operative. Such a missing circular, if any, may be brought to the notice of the Railway Board.
1.
Subject: Appointment on compassionate grounds
[E (NG) III/78/RC 1/1, dated 30.04.1979]
In supersession of all previous instructions on the subject, the Ministry of Railways have decided that cases for appointment on compassionate grounds should be dealt with keeping the following instructions in view:
(1) Dependent relatives of those Railway employees who lose their lives in the course of duty or get so crippled that they cannot do any work (this also in the course of duty) e.g. loco and traffic running staff in charge of trains involved in accidents should be compensated for the loss of their support by offering them appointment. The definition of dependent for this purpose will be the same as for Pass Rules. Where no such dependent with necessary qualifications for employment is available, appointment may be offered under the personal orders of the GM, to a nephew or another relative who can be expected to function as the bread-winner of the family.
(2) Appointments on compassionate grounds can also be made in the case of staff who dies in harness but in such cases it should be restricted to a son/daughter/widow of the employees. Where the widow cannot take up employment and the sons/daughters are minor, the case may be kept pending till the first son/daughter becomes a major i.e. attains the age of 18. Such cases should be kept pending only for 5 years after which the claim will lapse. However, in cases coming under priority (4) (i) below, if an ‘appointment could not be made within five years due to the son/ daughter being minor, the GM may personally authorise relaxation of the 5 years limit in deserving cases.
(3) The appointments on compassionate grounds may also be offered in cases where the employees while in service become crippled, develop serious ailments like heart diseases, cancer, etc. or otherwise become medically decategorised for the job they are holding. If no alternative job with the same emoluments can be offered to them, one son/daughter should be eligible for compassionate appointment if such an employee opts to retire.
(4) The following should be order of priority to be followed while offering appointment on compassionate grounds:
(i) Dependents of employees who die or are permanently crippled in the course of duty;
(ii) Dependents of employees who die in harness as a result of Railway accidents when off duty; and
(iii) Dependents of employees who die in service or are medically incapacitated.
(5) When offering appointment on compassionate grounds to a widow, son or daughter, it need not be checked up whether another son/daughter is already working. But there should in no case be more than one appointment against one death/medical incapacitation, e.g., it should not be permitted that after one appointment is made, later the family wants that another son/ daughter be employed in lieu or in addition.
(6) A time limit of one month should be observed within which appointments should be given in priority (i) cases and three months for cases relating to priority (ii) and (iii) laid down in para (4) above subject to a position being available.
(7) To accommodate illiterate widows of the deceased Railway employees, posts of waiting room bearers may be exclusively reserved for them.
(8) For the purpose of compassionate appointments, upper age limit may be freely relaxed on the merits of the cases. However, educational qualification required for the post to be offered should not in any case be relaxed. Wherever the GM feels such a relaxation is absolutely necessary such cases should be referred to the Ministry of Railways.
(9) The power to make appointments on compassionate grounds is to be exercised only in recruitment grades. No appointment should be made in an intermediate grade i.e. one which is filled purely by promotion.
(10) As the’ minimum educational qualifications are to be insisted upon in each and every case, there is no need to hold a written test and/or interview to assess the suitability of the candidate proposed to be appointed on compassionate grounds.
(11) The candidates who are to be offered appointments may be appointed on submission of character certificates from two Gazetted Officers.
(12) In the cases of appointment of Group C posts the powers may be exercised by the CPOs in consultation with the Head of Department concerned. In the case of Group D posts the powers to make such appointments should be delegated to the Divisional Superintendents/Divisional Railway Managers. Statistics of such appointments offered or denied should be maintained by the Headquarter’s office.
(13) In case any other deviation from the above instructions is considered necessary in any particular case, the same should be obtained from the Ministry of Railways before any offer of appointment is made.
(14) For proper enforcement of priorities separate priority lists be maintained on each unit as per para 4, the date of priority being from the date of eligibility and all appointments be made strictly in this order. Where for any special reasons there is a case for overlooking the priority list, sanction of next higher authority (CPO for appointments to Group D posts and GM in case of appointments to Group C posts) must be obtained giving details for ignoring-the priority and the list of persons being overlooked. Such cases should be rare.
2.
Reference: Board’s letter No. E (NG) III/78/RC 1/1 dated 30.04.1979.
[No. E (NG) III/79/RC-1/47, dated 29.11.1979]
Requests are being received from Railway Administration seeking Board’s permission for relaxation of the lower age limit by a few months in individual cases because of the immediate need for providing employment assistance and waiting till the son or daughter attains the age of 18 will mean considerable hardships to the family. It has been decided that in deserving cases the General Managers with their personal approval may accord relaxation in the lower age limit upto one year. Subject to other conditions applicable as per rules regarding counting of service as minor for retirement benefits, etc.
3.
[No. E (NG) III/78/RC1/1, dated 25.08.1980]
Reference is invited to Board’s letter of even number dated 30.04.1979, as amplified further, in regard to appointment on compassionate grounds. In partial modification of the instructions issued earlier, the Ministry of Railways have since decided that the benefit of compassionate appointment should be extended to “near relative” in cases where compassionate appointments arc held to be justified. The eligibility of a “near relative” will be subject to the following conditions:
(i) The employee or the ex-employee should have no son or daughter or the son or daughter is a minor one and the widow cannot take up an employment.
(ii) A clear certificate should be forthcoming from the widow that the “near relative” will act as the bread-winner of the family.
(iii) If the family certifies at a later date that the “near relative”, who was appointed on compassionate grounds, refuses to support the family, the services of that employee will be liable to be terminated.
(iv) Once a “near relative” is appointed on compassionate grounds, no further appointment should be given later to a son or a daughter or the widow of the employee on compassionate grounds.
(v) The appointment of the “near relative” should not be considered, if a son or a daughter or the widow is already working and is earning.
4.
[No. E (NG) III/78/RC-1/1 dated 03.02.1981]
In implementing Board’s instructions contained in their letter of even number dated 30.04.1979 the following clarifications have been sought. Board’s clarifications on these issues have been given in juxta position:
Clarification sought
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Board’s decision
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1. Where the employees while in service become crippled or develop serious ailments like heart diseases cancer whether the wife is eligible for appointment on compassionate grounds,
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In terms of Board’s letter of 30.4.1979 only a son/daughter would be eligible for appointment on compassionate grounds, if the employee opts to retire. Board’s intention is not to extend the scope of the existing orders further as employees seek retirement at a fairly advanced age and the retirement benefits are considered enough to safeguard the interest of the wife.
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2. Whether non-student sons above 21 years and/or married daughters can be considered for appointment on compassionate grounds.
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While there is no ban according to rules, GMs should satisfy themselves that the married daughter will be the bread-winner of the bereaved family.
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3. Whether a son-in-law may be considered for appointment on compassionate grounds.
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No.
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4. Whether in the case of substitutes / casual labourers who die in harness appointment could be offered, where the substitutes have attained temporary status or where they have been empanelled but not absorbed.
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The intention of extant orders is to give benefits only to staff who are regular employees.
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5. Whether candidates possessing matriculation or equivalent qualifi- cation but having no knowledge of English should be subjected to suitability test before appointment.
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The instructions prescribe only pos- session of minimum educational quali- fications. As such there is no need to hold written test and/or interview.
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6. Whether cases for appointment on compassionate grounds, which were considered prior to 30.04.1979, could be re-opened.
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The intention is not to re-open past cases but where the cases were being processed on 30.04.1979 and had not been finalised, they should however, be considered.
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7. Whether candidates with requisite qualifications for Class III but appointed in Class IV for want of vacancies can be considered for Class III appointment.
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Since the appointments were made keeping in view the circumstances then prevailing, it will not be desirable to re-open the cases to consider them for Class III posts.
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Clarification sought
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Board’s decision
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8. Whether the dependants of the deceased employee holding a diploma qualification in Engineering could be granted appointment on compassionate grounds in the grade Rs. 425-700 against direct recruitment quota.
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Yes.
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9. Definition of the words ‘near relative’ and whether ‘near relative’ refers to brothers/sisters of the deceased employee.
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No hard and fast rules can be laid for the purpose. A blood relation who is considered to be a bread-winner of the family can be considered as near relative for the purpose.
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10. Where a near relative appointed on compassionate grounds refuses to support the family whether his services can be terminated since under the extant orders services of employee can be terminated only if there is contraction of the cadre or after following D&A rules.
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The welfare organisation should use its good offices in such cases.
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11. Appointment of near relative should not be considered if son, daughter of a widow is already working, Whether these restrictions would apply in cases where son/daughter is working in any private sector other than the Govt. Department.
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It is not clear how this issue arises, as prior income verification is not provided.
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12. Whether near relative can be considered for appointment if the family is able to sustain with the property left behind by the deceased.
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If the widow requests for appointment on compassionate grounds, the property left behind by the deceased should not be considered as a bar for appointment to a near relative, in other words there should be no means test, provided the near relative is bread-winner of the bereaved family.
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13. The date from which instructions contain Ministry’s letter of even number of 25.08.1980 should be effective.
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Instructions are applicable from the date of issue.
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14. Whether appointment on compas-sionate grounds to a near relative can be offered where the employee or ex-employee has a daughter but cannot take up any employment.
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This cannot be accepted.
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Clarification sought
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Board’s decision
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15. Whether Divisional Railway Managers (Level I & Level II) can
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This power cannot be delegated to Divisional and have to be exercised by be delegated the power to grant the CPO only employment in Group ‘C’ post on compassionate grounds.
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16. Whether Dy. CME/SNW etc. having independent charge of units can be treated at par with DRMs. in the matter of exercising powers for making appointment on compassionate grounds in Class IV categories.
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No, as they have been given independent charge for day-to-day working only.
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17. Whether the benefit of compassio- nate appointment to sons or daughters could be extended in cases where the employee is medically incapacitated a few months / days before retirement.
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No general prescription of any specific period is contemplated by the Board.
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5.
[No. E (NG) II/81/RC/ 1/251 dated 06.02.1982]
The question as to whether the wives/wards of Railway employees whose whereabouts are not known for quite a long time may be offered appointment on compassionate grounds has been considered by the Ministry of Railways on a reference received in this regard from the Southern Railway. It has been decided that in case an employee’s whereabouts are not known for a period of seven years and consequently his settlement dues are paid to the family the requests from their wives/wards for appointment on compassionate grounds may be considered, if they are otherwise eligible for such appointment under the extant orders.
6.
[No. E (NG) II/81/RSC/25 dated 06.05.1982]
Ministry of Railways letter of even number dated 25.01.1982 it has been prescribed that the minimum educational qualifications for recruitment to Group ‘C’ non-technical popular categories of posts other than ASMs and Guards should be a pass in matriculation or equivalent with a minimum of 50% marks in the aggregate. It has also been stated that for Scheduled Castes and Scheduled Tribes and ex-servicemen this minimum percentage of marks to be obtained in matriculation will not apply and a pass in matriculation would do.
2. A question has been raised as to whether in the case of compassionate appointment of these non-technical popular categories of posts, the candidate concerned has to possess minimum of 50% marks in matriculation. The matter has been considered and it is clarified that for compassionate appointment to these posts the minimum of 50% marks in matriculation need not be insisted upon and candidates possessing a pass in matriculation need not be insisted upon and candidates possessing a pass in matriculation may also be appointed on compassionate grounds provided the other prescribed conditions are satisfied in their case.
3. In regard to appointments on compassionate grounds to the categories of ASMs, Guards, Senior Clerks, Enquiry and Reservation Clerks etc., however, the minimum qualification of University Degree should be insisted upon. Exemption from this requirement may be granted only in the case of applications for appointment on compassionate grounds to the category of ASMs and Guards, pending as on 25.01.1982, the date of issue of Board’s orders quoted above.
7.
[No. E (NG) II/81/RCI/251 dated 24.05.1982]
The Ministry of Railways vide their letter of even number dated 06.02.1982 had decided that in case an employee’s whereabouts were not known for a period of seven years and consequently his settlement dues had been paid to the family, the requests from their wives/wards for appointment on compassionate grounds may be considered, if they are otherwise suitable for such appointment. In pursuance of discussions at the PNM Meeting with A.I.R.F. held in March, 1982 the Ministry of Railways have further decided that in cases of real hardship, the General Managers may consider cases on merit even before the expiry of the seven years period with the condition that the service of the ward would be terminated in case the missing Railway employee becomes available subsequently. Also such appointment can be offered after a lapse of minimum of 3 years period after the Railway employee is missing.
8.
[No. E (NG) II/82/RCI/108 dated 18.09.1982]
The Ministry of Railways in their letter No. E (NG) III/70.RR1/12 dated 18.11.1974 had decided that their prior approval is not required where appointments to dependants of deceased gazetted officers are made in initial recruitment grades on compassionate grounds. Recruitment in intermediate grades like recruitment of Engineering Graduates and Traffic and Commercial Apprentices will not be permissible. In Ministry of Railways letter No. E (NG) II/78/RR1/39, dated 25.04.1979 it had been stipulated that no appointments should be made either on compassionate grounds or against sports quota in intermediate grade i.e. grades exclusively filled by promotion. It was also laid down that all such appointments should be in recruitment grades only.
A question has been raised as to whether in the category of Traffic/Commercial Apprentices where 25% direct recruitment is stipulated, appointments on compassionate grounds are permissible. The matter has been considered by the Ministry and it is clarified that Traffic Apprentices/ Commercial Apprentices [Grade Rs. 455-700 (RS)] and Graduate Apprentices [Grade Rs. 550-750 (RS)] are intermediate grades although there is a small element of direct recruitment. Appointments in these grades either on compassionate grounds or against sports quota are not permissible as there are other direct recruitment grades where such appointments are allowed.
9.
Reference: Board’s letter No. E (NG) III/78/RCI/I dated 30.04.1979 on the above-noted subject.
[No. E (NG) II-82/RCI/213 dated 17.01.1983]
A point has been raised whether the husband of a deceased female employee is eligible for compassionate appointment. The matter has been considered by the Ministry of Railways and it has been decided that there is no bar in giving appointment to the husband of a female Railway employee on compassionate grounds in the circumstances in which such appointments are otherwise permissible.
10.
[E (NG) III/78/RC-1/1 dated 07.04.1983]
Instructions regarding appointment on compassionate grounds have been issued from time to time. The instructions currently in force are those contained in Board’s letter No. E (NG) III78/RC1/1, dated 30.04.1979 as modified from time to time thereafter. These have now been consolidated and are reproduced below for the information and guidance of all concerned.
I. Circumstances in which compassionate appointments may be made:
Appointments on compassionate grounds relate to those appointments, which can be made of dependants of Railway servants who lose their lives in the course of duty or die in harness otherwise while in service or are medically incapacitated. The circumstances in which appointments on compassionate grounds may be made are as below:
(i) When Railway servants lose their lives in the course of duty or get so crippled that they cannot do any work (this also in the course of duty — for example, loco and traffic running staff incharge of trains involved in accidents).
(ii) When Railway employees die in harness while in service before retirement.
(iii) Where an employee’s whereabouts are not known for a period of 7 years and the settlement dues of the employee are paid to the family on this account. This limit of 7 years may be relaxed to 3 years on the merits of each case with the approval of the General Manager, subject to the condition that the services of the person appointed on compassionate grounds would be terminated in case the missing employee is traced subsequently.
(iv) When Railway employees become crippled while, in service or develop serious ailments like heart diseases, cancer, etc. or otherwise medically decategorised for the job they are holding and no alternative job of the same emoluments can be offered to them.
Note: The appointment on compassionate grounds is admissible to the dependants/wards of regular employees only.
II. Persons eligible to be appointed on compassionated grounds:
Son/daughter/widow/widower of the employees are eligible to be appointed on compassionate grounds in the circumstances in which such appointments are permissible. The benefit of compassionate appointments may also be extended to a ‘near relative”. The eligibility of a near relative will be subject to the following conditions:
(i) The employee or the ex-employee should have no son or daughter or the son or daughter is a minor one and the wife/widow/widower cannot take up an employment.
(ii) A clear certificate should be forthcoming from the wife/widow/widower that the near relative will act as the bread winner of the family.
(iii) If the family certifies at a later date that the near relative who was appointed on compassionate grounds refuses to support the family the services of that employee are liable to be terminated.
(iv) Once a near relative is appointed on compassionate grounds no further appointment should be given later to a son, a daughter or the wife/widow/widower of the employee on compassionate grounds. The appointment of a near relative should not be considered if a son or the daughter or wife/widow/widower is already working and is earning.
Note (B): Near relatives would normally mean a blood relation who can be considered to
be a bread-winner for the family.
III. Time limit for making compassionate appointments:
Normally all appointments on compassionate grounds should be made within a period of 5 years from the date of occurrence of the event entitling the eligible person to be appointed on this ground. This period of 5 years may be relaxed (where, for example, the widow cannot take up employment and the sons/daughters are minor) with the approval of the General Manager in the deserving cases while appointments are sought on the ground of an employee in his life or getting crippled in the course of duty. In cases relaxation of the 5 year limit will require the approval of the Ministry of Railways for which purpose the reference giving special reasons for the proposed relaxation should be made with the personal recommendation of the General Manager based on the special circumstances obtaining individual cases.
IV. Qualifications and conditions to be fulfilled:
Normally the persons seeking appointment on compassionate grounds should fulfil the conditions of eligibility regarding age and educational qualifications prescribed for appointment to the post or grade concerned. However, the upper age limit may be freely relaxed on the merits of the cases. The lower age limit of 18 years normally required for appointment in Government may also be relaxed upto one year with the personal approval of the General Manager. Relaxation of the lower age limit beyond one year will require the approval of the Ministry of Railways.
The educational qualification prescribed for the post to be offered should not in any case be relaxed. However, if on the merits of an individual case the General Manager feels that such a relaxation of the minimum educational qualification is absolutely necessary and then such cases may be referred to the Ministry of Railways.
V. Grades in which appointments can be made on compassionate grounds:
All appointments on compassionate grounds should be made only in the recruitment grades like Office Clerks, Commercial Clerks, Assistant Station Masters, etc. No appointment should be made on compassionate grounds in an intermediate grade i.e. one, which is filled purely by promotion. Appointments on compassionate grounds are also not permissible in the category of Traffic Apprentices/Commercial Apprentices (Grade Rs. 455-700) and Engineering Graduate Apprentices (Grade Rs. 550-750) because direct recruitment in these grades is proportionately very limited.
VI. Procedure to be followed before making compassionate appointments:
The candidates applying for appointments on compassionate grounds should be subjected to suitability test by a committee of three Senior Scale Officers one of them should be a Personnel Officer. The test need not by very rigid. It has only to be ensured that the person concerned would be in a position to discharge the duties of the postal being offered to him. The test is also meant to assess the aptitude of the person for the particular job proposed to be assigned to him. It should be conducted keeping compassion in view, which is the basis for such appointments.
The candidates who are to be offered appointments on compassionate grounds may also be required to submit a character certificate from two Gazetted Officers.
VII. Authority competent to make appointments on compassionate ground:
The power to make compassionate appointments is vested in the General Manager. The General Manager may, however, redelegate this power to the Divisional Railway Manager and also to Heads of the extra Divisional units who are in Level I or Level II subject to such control, as he may like to impose on the exercise of such power by these authorities. Proposal for appointment on compassionate grounds of dependants of Gazetted Officers should, however, be referred to the Ministry of Railways for approval.
VIII. Priorities to be observed in making appointments on compassionate grounds:
The following should be the order of priority to be followed while making appointments on compassionate grounds:
(i) Dependants of employees who die or are permanently crippled in the course of duty.
(ii) Dependants of employees who die in harness as a result of railway accidents when off duty.
(iii) Dependants of employees who die in service or are medically incapacitated.
For the proper enforcement of priorities, separate lists should be maintained in each office for the categories indicated above, the date of priority being formed the date of eligibility. All appointments should be made strictly in this order. Where, for any special reasons, it is felt necessary to depart from the priority list, the sanction of the next higher authority (CPO for appointment to Group ‘C’ posts) must be obtained given details for ignoring the priority and the list of persons being put back in the priority list. Such cases should, however, be rare.
A time of one month should be observed within which appointments should be given in priority (i) cases and three months in cases relating to priority (ii) and (iii), subject to vacancies being available. To accommodate the illiterate widows of the deceased railway employees, posts of Waiting Room Bearers, Water women, hospital Ayah/Attendant (female). Cinder picking women, Sweeper women, C&W Khalasis for waste packing, Retiring room attendants, Servers Khalasis attached to Sub-division offices like AEN’s PWIs, a percentage of vacancies of office peons, etc.
IX. General:
When offering appointment on compassionate grounds to a widow, son, daughter, etc. it need not be checked up whether another son/daughter is already working; by in no case there be more than one appointment against one death/medical incapacition. For example, it should not be permitted where the family wants another son or daughter to be employed in lieu or in addition to an appointment already made on compassionate grounds.
Once an appointment on compassionate grounds of the ward/widow etc., has been made in particular category, no change of category is subsequently permissible.
X. Relaxation:
Wherever any deviations from the above provisions are sought to be made in individual cases of merit, the prior approval of the Ministry of Railways should be obtained and in such cases personal approval to the General Manager should be indicated in the references.
11.
[No. E (NG) III/78/RC/1 dated 27.05.1983]
Reference Ministry of Railways’ letter of even number dated 07.04.1983. In this connection attention is invited to Item VII of the aforesaid orders wherein it has been provided that proposal for appointment on compassionate grounds of dependants of Gazetted Officers should be referred to the Ministry of Railways for approval.
The matter has been considered further by the Ministry of Railways and it has been decided that the General Managers may also exercise powers in regard to appointment of dependants of Gazetted Officers on compassionate grounds provided the appointments are made in recruitment grades viz. office clerks ticket collectors, commercial clerks etc. etc.
12.
[No. E (NG) III/78/RC 1/1 dated 03.09.1983]
In terms of the instructions contained in para I (iv) of Ministry of Railways letter of even number dated 07.04.1983, appointments on compassionate grounds may be offered where a Railway employee becomes medically decategorised for the job he is holding and no alternative job with the same emoluments can be offered to him.
2. During discussions in the meetings of the Departmental Council of the J.C.M. held on 28th and 29th June, 1982 and 29th and 30th July, 1983 the staff side demanded that even in those cases where, on being medically decategorised, a Railway employee is offered an alternative job on the same employments, his son or daughter should be offered employment on compassionate grounds if the employee himself opts to retire voluntarily.
3. After careful consideration of the matter it has been decided that in cases where on being medically decategorised a Railway employee is offered alternative employment on the same emoluments but it is not accepted by the employee and he chooses to retire from service, compassionate appointment of an eligible ward of the employee, if so requested by him, can be considered at the discretion of the competent authority provided that if the employee has less than three years of service before superannuation (i.e. he is above the age of 55 years) at the time the decision is taken, the personal approval of the General Manager has to be obtained before the offer of appointment on compassionate grounds, is made.
13.
[No. E (NG) II-83/RC 1/77 dated 08.09.1983]
Attention is invited to this Ministry’s letter No. E (NG) III/78/RCI/1, dated 07.04.1983, consolidates the instructions on the subject of appointment on compassionate grounds.
2. Recently a case has come to notice where on the death of a Railway servant, one of his wards who were already employed in Class IV post of the same Railway was appointed to a Class III post on compassionate grounds. This has given rise to the question whether such appointment would be in keeping with the instructions referred to above.
3. The matter has been considered by the Ministry of Railways in the light of aforesaid instructions. They wish to clarify that it is not the intention that persons already employed on a post in the Railways should be offered appointment on compassionate grounds to another post in a higher grade.
14.
Reference: Ministry of Railways’ letter of even number dated 03.09.1983.
[No. E (NG) III/78/RC1/1 dated 28.09.1983]
Reference letter cited above. A question has been raised whether the orders contained therein refer to all cases of compassionate appointments of wards of employees who are medically decategorised. It is hereby clarified that the order contained in the said letter dated 03.09.1983 refer to only those cases where, on being medically decategorised, an employee is offered an alternative appointment on the same emoluments but he does not accept the same and chooses to retire from service. In other cases, including those in which no alternative appointment on the same emoluments can be offered to a medically decategorised employee, the provisions contained in this Ministry’s letter of even number dated 07.04.1983 as amended/clarified from time to time, will continue to apply.
15.
[No. E (NG) II/83/RCI/68 dated 07.12.1983]
Reference Ministry of Railways’ letter No. E (NG) III/78/RC/1, dated 07.04.1983 as amended from time to time on the above noted subject. Instructions contained therein provide for compassionate appointment in the initial recruitment grades in non-gazetted posts. These instructions do not make any specific mention of fixation of pay at a stage higher than the minimum of the scale and accordingly the normal rules and orders in this regard will apply. However, attention in this connection is invited to para 601 of the Indian Railway Establishment Manual.
The Ministry of Railways have had occasion to review the position regarding fixation of initial pay in cases of appointment on compassionate grounds. They have now decided that in such cases, the pay should be fixed at the stage in the relevant pay scale, as normally admissible under the rules. However, if in any rare and exceptional case, where the circumstances are particularly distressing and fixation of initial pay at a stage higher than that normally admissible under the rules is considered justified, the Railways may approach the Ministry with particulars of the case and with their recommendation regarding the higher stage at which the initial pay should be fixed alongwith justification in support thereof. In no case should pay be fixed at a higher stage in such cases without the prior approval of this Ministry.
16.
Subject: Appointment on compassionate grounds — Cases where Railway employees are reported dead but the dead bodies could not be traced.
[No. E (NG) II/81/RC1/251 dated 27.12.1983]
Pursuant to discussion on this subject in the PNM meeting with the A.I.R.F. held on the 29th and 30th August, 1983, it is hereby clarified that compassionate appointments in such cases may be delinked from payment of settlement dues. In other words, compassionate appointments in such cases may not be denied or deferred only on the ground that settlement dues of the missing employees are still to be paid to the persons entitled to receive them.
17.
[No. E (NG) II-84/RC1/Policy dated 31.03.1984]
As Railways are aware, appointment on compassionate grounds of wards of deceased/incapacitated/decategoriesed employees in Group ‘C’ posts can be made by the Railways in terms of the instructions issued by this Ministry from time to time on the subject of such appointments. It was clarified in this context that where a candidate with requisite qualifications for appointment in a Group ‘C’ (Class III) post in appointed in Group ‘D’ (Class IV) post for want of a vacancy in any suitable Group ‘C’ category, his case for appointment in a Group’ C’ post cannot be reopened as the initial prevailing vide Item 7 in this Ministry’s letter No. E (NG) III/78/RC1/1, dated 03.02.1981.
2. The Ministry of Railways have had occasion to review the position in regard to cases where a candidate adjudged suitable for appointment in Group ‘C’ post cannot be appointed to such a post for want of a vacancy therein and he is offered and he accepts a post in Group D. They have now decided that where a candidate for compassionate appointment in eligible and is also adjudged suitable for a post in Group’ C’ but, for want of a vacancy in a Group ‘C’ posts he is offered a post in Group ‘D’ which he accepts, his case may be considered for appointment in Group ‘C’ post as soon as a suitable vacancy arises therein. In such cases, a specific record should be kept that appointment in Group’ D’ is being made as the candidate needs employment immediately but a vacancy in a category of position Group ‘C’ for which he is found suitable, is not available immediately. It should also be placed on record, with the approval of the authority competent to make the appointment, that the candidate will be considered for a vacancy in Group ‘C’ as early as possible. Such a candidate will have preference for appointment in vacancy in Group ‘C’ occurring later, over a candidate (in the same priority group) found suitable for such a post at any subsequent date under the same approving authority i.e. Divisional Railway Manager, extra Divisional Officer to whom power of appointment may be delegated in terms of Ministry’s letter No. E (NG) II/81/RC 1/2447, dated 18.02.1982. It may be noted here that placing the matter on record as aforesaid will only entitle the candidate in question for consideration for such appointment. His actual appointment to a Group’ C’ post, when a vacancy therein arises later, would be subject to his being considered suitable in all respects at the time of actual appointment. This includes his being found medically fit for such appointment.
3. The Ministry of Railways have also decided that the priorities laid down in para VIII of this Ministry’s letter No. E (NG) III/78/RC1/1, dated 07.04.1983 will continue to apply. Thus, the preferential consideration of a candidate appointed in Group ‘D’ though adjudged suitable for Group ‘C’, for appointment in the latter category, will be with reference to his position in the particular priority group to which he was assigned at the time of appointment In other words, an appointment to be made subsequently in a case falling under category — priority will have preference to one covered by these instructions,
but falling under Categories II or III of the order of priority, and appointed accordingly, though this appointment may have been done in Group ‘D’ instead of Group’ C’ for want of vacancies in Group ‘C’. Thus if there should be a need for compassionate appointment of a new entrant to Group’ C’ under priority I while an earlier entrant under lower priority in Group ‘C’ has been temporarily accommodated in Group ‘D’, the new appointment classified under higher priority will be given the first vacancy in Group ‘C’.
4. These instructions will apply to all cases in which compassionate appointments are approved by the competent authority on or after 1st April 1984. The Ministry of Railways wish to make it clear that past cases i.e. cases, in which appointments had been approved before 1st April 1984, shall not be reopened.
18.
[No. E (NG) II-84/CL/28 dated 04.05.1984]
As Railway Administrations are aware, the extant orders and instructions relating to appointment on compassionate grounds apply only to Railway servants in regular employment on Railways. In this connection attention is invited to instructions contained in this Ministry’s letter No. E (NG) III/78/RC1/1, dated 07.04.1983.
2. In the PNM meeting held with the All-Indian Railwaymen’s Federation on the 6th/7th February 19 84, the Federation pointed out that in the case of casual labourers dying in harness, the General Managers had no powers to appoint their wards on compassionate grounds. They wanted that powers to make such appointment in appropriate cases should be given to the General Managers. As a result of discussion of this demand in the aforesaid meeting, it has been decided that General Managers should be given powers to consider and decide requests for appointment on compassionate grounds of the wards of a casual labourer who dies due to accident while on duty provided the casual labourer concerned is eligible for compensation under the Workmen’s Compensation Act, 1923. This power should be exercised by the General Manager personally and such appointments should be as casual labour (fresh hand) or substitute. The power to make such appointment should not be delegated to a lower authority.
19.
[No. E (NG) II/84/RCI/51 dated 19.09.1984}
Attention in invited to para VIII of this Ministry’s latter No. E (NG) III-78/RC1/1 dated 07.04.1983 in which the order of priority for making appointments on compassionate grounds has been indicated.
2. The Ministry of Railways have had occasion to review this order of priority in the light of suggestions that consideration of appointment on compassionate grounds in cases where a person is medically decategorised at the fag end of his service and/or a person who has earned the full retirement benefits at the time of medical decategorisation, should not be on the same footing as compassionate appointments in faces of death while still in service, particularly when a Railway servant dies suddenly.
3. The Ministry has now decided that the order of priority, as laid down in the aforesaid letter of 07.04.1983 shall be revised as under:
(i) Dependants of employees who die or are permanently crippled in the course of duty.
(ii) Dependants of employees who die in harness as a result of Railway or other accidents when off duty.
(iii) Dependants of employees who:
(a) Die in service or are totally incapacitated while in service irrespective of the period of service left to reach the age of superannuation or of earning retirement benefit in full, or
(b) Are medically decategorised with less than 30 years of qualifying service for pensionary benefits/30 years of service for SC to PF.
(iv) Dependants of employees are medically decategorised with 30 years or more of qualifying service for pensionary benefits 190 years of service for SC to PR.
4. The revised order of priority will take effect from 1st October 1984, i.e. in respect of appointments on compassionate grounds, which are decided upon after the said date. In the meantime. Railway Administration are advised to have their records recast suitably in terms of the provisions in the preceding paragraph, so that there is no practical difficulty in following the above revised order of priority.
20.
[No. E (NG) II-84/RCI/105 dated 16.11.1984]
Attention is invited to the clarification given against item (1) in this Ministry’s letter No. E (NG) III-78/RC1/1 dated 03.02.1981, in which it was stated that in the case of a railway servant who is medically incapacitated or decategorised and who retires from service, only a son or a daughter is eligible for appointment on compassionate grounds and not the wife.
2. The question whether in such cases appointment on compassionate grounds of the wife of the ex-employee also should be allowed, has been under consideration. Organised labour also have represented that in such cases appointment to the wife of the employee concerned should be permitted.
3. Ministry of Railways have carefully considered the matter. They have now decided that in the case of a railway servant who is medically incapacitate or decategorised and retires from service and if compassionate appointment is otherwise permissible, such appointment may be offered also to the wife of the railway servant, subject to the following conditions:
(i) Either the employee has no son or daughter, or the son or daughter is a minor at the time the request for appointment is made;
(ii) In each case, the appointment will be approved personally by the Chief Personnel Officer, and
(iii) The Railway Administration has no practical difficulty in offering appointment in a post for which the candidate is eligible and suitable.
21.
[No. E (NG) II/84/RC 1/172 dated 01.03.1985}
Attention is invited to para 2 of this Ministry’ s letter No. E (NG) III/78/ RC1/1, dated 30.04.1979 in which it has been laid down that in the case of staff who die in harness, appointments on compassionate grounds can be made only of a son/daughter /widow of the employee. It has been added that where the widow cannot take up employment and the sons/daughters are minor, the case may be kept pending till the first son/daughter becomes a major, i.e. attains the age of 18 years or for a period of five years from the date of death of employee whichever is earlier.
2. The Ministry of Railways have had occasion to review this provision in the light of a suggestion made to them that the existing rule which permits a case being kept open where the widow cannot take up employment only till the first son/daughter becomes a major needs to be modified as there could be cases where it may be necessary or it would be appropriate, for employment on compassionate grounds being offered to a ward younger than the eldest among the minor sons/minor daughters.
3. The Ministry of Railways have now decided that where the widow cannot take up employment. Railways can keep the case for appointment on compassionate grounds open to enable consideration of appointment of a minor son when he attains majority, even though at the time of occurrence of the event making compassionate appointment permissible, there is a daughter who has attained majority and/or a major son who is already employed. This will be subject to the following conditions:
(i) The minor son to be appointed will be attending majority of age within a period of five years of the event of death, which is the basis for appointment on compassionate grounds.
(ii) Where there is more than one minor son, it is only the eldest minor son who should be considered for appointment when he attains majority and not any of the minor sons.
(iii) Further, in such cases, the competent authority should be satisfied about the bona fides of the request of the widow or if there is no surviving widow, of the family, that appointment should be given to a minor son (when he attains majority) instead of a daughter or an employed son who is already a major.
4. These instructions will have prospective effect. Past cases, if any, decided otherwise, will not be reopened.
22.
[No. E (NG) II-84/RC1/26 dated 18.04.1985]
In para 1(2) of this Ministry’s letter No. E (NG) III-78/RC1/1, dated 30.04.1979 on the subject of compassionate appointments, it was laid down that in the case of staff who die in harness and where the widow cannot take up employment and sons/daughters are minor, the case may be kept pending till the first son/daughter becomes a major, i.e. attains the age of 18 years. However, such cases can be kept pending for a period of only five years, after which appointment on compassionate grounds will not be permissible. As an exception to this provision, the General Managers may personally authorise a realisation of this limit of five years in deserving cases of employees whose cases fall under para 4(i) of the same letter.
2. Subsequent, in December 1980, the Railway Administrations were advised to the effect that in cases involving special circumstances they could, with the personal approval of the General Manager, approach this Ministry for relaxation of the limit of five years in other cases.
3. The question of delegation of powers to the General Managers for relaxation of the limit of five years in all cases has been engaging the attention of this Ministry for some time past. It has now been decided that in all cases of death of an employee while in service, compassionate appointment, as permissible under the extant instructions, could be approved by the General Managers even beyond the limit of five years, subject to the following conditions:
(i) The powers shall be exercised personally by the General Manager. It shall not be delegated to a lower authority.
(ii) The case should not be more than ten years old as reckoned from the date of death.
(iii) The widow of the deceased employee should not have re-married.
(iv) The benefit of compassionate appointment should not have been given at any time to any other member of the family or to a near relative of the deceased employee.
(v) The circumstances, of the case should be such as to warrant relaxation of the time limit of five years.
(vi) The reasons for relaxing the time limit should be placed on record.
(vii) The request for compassionate appointment should have been received by the Railway Administration as soon as the son/daughter to be considered for compassionate appointment has become a major, say within a maximum period of six months.
4. The Ministry of Railways have further decided that the delegation of powers as above will be for the present be current upto 31st March 1987. The position will be reviewed some time at the beginning of 1987.
5. A record of such cases should be kept and the number of such requests considered during the 1985-86 and the number of appointments made [separately in Group C (Class III) and Group D (Class IV) categories] may be advised to this Ministry by 31st May 1986.
23.
[No. E (NG) II-84/RCI/l - 74 dated 25.06.1985]
In the meeting of the Departmental Council of the J.C.M. held in December 1984, the Staff Side pointed out that instructions issued by this Ministry in regard to appointment on compassionate grounds are not being observed by the Railways in their proper spirit. In particular, they mentioned the following types of difficulties faced by the Railway employees or their families in the matter of appointment on compassionate grounds in accordance with the instructions issued by the Ministry, from time to time:
(i) The written test held for adjudging for suitability of a candidate’s appointment, is of an unduly high standard. The test should be consistent with the spirit of Board’s instructions of appointment on compassionate grounds.
(ii) If a ward is not found suitable for Group ‘C’ post, he is offered appointment in Group ‘D’ posts, instead of considering him for appointment to another Group ‘C’ post.
(iii) Appointments are not made within a short time as envisaged in the instructions.
(iv) Wards of Group ‘D’ staff are offered appointment only in Group ‘D’ posts even though they have the requisite qualifications for and are suitable for appointment in Group ‘C’ posts.
2. In this connection, attention of the Railway Administrations is invited to this Ministry’s letter No. E (NG) II-83/RC1/73, dated 18.01.1984 in which the Railways etc. were advised to consider requests for appointment on compassionate grounds sympathetically and within the framework of instructions issued by this Ministry from time to time. In so far as aforementioned points raised by the staff side are concerned, attention is invited in particular to the following:
(i) As clarified in this Ministry’s letter No. E (NG) III/79/RC-1/62, dated 05.03.1982, while a suitability test is to be held for judging the suitability of an applicant for compassionate appointment, the standards for the same need not be rigid. It was added that it has only to be ensured that the persons concerned would be in a position to discharge the duties of the post being offered to him and as the test in designed to assess the aptitude of the person for the particular job.
(ii) If the ward possesses the prescribed minimum educational qualification, he should be considered for appointment in Group ‘ C’ post for which he may be suitable and eligible. If however, he is found unsuitable for one Group’ C’ post, he should be considered for an alternative Group ‘C’ post for which he is eligible and suitable.
(iii) Railways should endeavour to make compassionate appointments as early as possible.
(iv) It is not necessary that the ward of a Group ‘D’ employee should be appointed in a Group ‘D’ post only. If such a ward is eligible for compassionate appointment and possesses the qualification, prescribed for a Group C’ post in which compassionate appointment is permissible, his case for such appointment should be considered.
3. The Ministry of Railways desire that these instructions should be adhered to in their proper spirit.
24.
Subject: Appointment on compassionate grounds in Group ‘D’ Posts — Minimum educational qualifications.
[No. E (NG) II-86/RCI/Policy dated 25.03.1986]
With reference to this Department’s letter No. E (NG) II/84/RR1/26, dated 16.08.1985, laying down minimum educational qualification for recruitment in Group ‘D’ posts in the various departments of the Railways, a question has been raised whether these qualifications will apply also to appointments on compassionate grounds. The matter was also raised in the meeting of the Departmental Council held in March 1986 when the Staff Side urged that the said qualifications should not apply to compassionate appointments.
2. The Department of Railways wish to clarify that the qualifications laid down in this Department’s letter of even number dated 16.8.1985 apply also to appointments made on compassionate grounds. However, having regard to the points made during the Departmental Council meeting and the representations received in the matter, the Department have decided that the following posts, from out of those at present reserved exclusively for widows, will continue to be so reserved for them for compassionate appointment of widows, if otherwise admissible under extant orders. Accordingly, in respect of these posts minimum educational qualifications as now prescribed will not be insisted upon:
(a) Water woman;
(b) Retiring room attendants;
(c) Cinder packing woman;
(d) Sweeper woman;
(e) C & W Khalasis (For waste packing only);
(f) Ayah and female sanitary cleaner in Railway hospitals and Railway schools;
(g) Khalasis attached to sub-division offices of AEN, PWI & IOW.
3. These orders will be reviewed at the end of 1988 when in terms of para 3(viii) of the letter dated 16.08.1985 cited above, the general question of minimum educational qualifications for recruitment to Group ‘D’ posts will come up for review.
Copy of Eastern Railways letter No. CPO/SC/SA Comp/Cl. IV/896 dated 06.08.1986
Subject: Appointment on compassionate ground in the event of death of husband and wife (both Railway employees).
In terms of Railway Board’s letter No. E (NG) III/78/RC 1/1, dated 07.04.1983, while offering appointment on compassionate grounds, it need not be checked whether another son/daughter is already working, but there should not be more than one appointment against one death/medical incapacitation.
A case has cropped up in this Railway where both husband and wife were Railway employees. Their second son was appointed on compassionate ground consequent upon the death of the husband Late Sangam Hela, ex Fitter Gr. II under C&WS/Howrah while in service. Thereafter the wife Smt. “Sumitra”, Female Safaiwala also died on 07.11.1982 while in service and the 3rd son has applied for appointment on compassionate grounds on account of his mother’s death.
The Board are requested to kindly clarify if two compassionate appointments, i.e. one against father’s death and one against mother’s death are permissible.
It is, however, presumed that there will not be any violation in rule if the 3rd son is given appointment on compassionate grounds against his mother’s death, who was also a Railway employee.
Any early decision in requested.
25.
Subject: Appointment on compassionate grounds in the event of death of husband and wife (both Railways employees).
Reference: Your Railway’s confidential letter No. CPO/SC7 SA/Comp. /Cl. IV/896 dt. 26.08.1986.
[No. E (NG) II/86/RC1/I/Policy dated 31.10.1986; RBE 214/86]
The issue raised in your letter quoted above viz., whether two compassionate appointments — one on account of death of the father and another on account of death of the mother when both were Railway employees — are permissible, or not has been considered by the Department of Railways (Railway Board). Normally only the father is taken to be the bread-winner of the family. Therefore, in the case referred to by your Railway, only one compassionate appointment is admissible. Accordingly your presumption that another son can be appointed on compassionate grounds on account of demise of another is not correct.
26.
Subject: Appointment on compassionate grounds — Cases of wards of casual labour with temporary status who die in harness.
[No. E (NG) II/84/CL/28 dated 31.12.1986; RBE 256/86]
Attention is invited to this Ministry’s letter No. E (NG) II/84/CL/28, dated 04.05.1984, in which the Railway Administrations were advised that General Managers could exercise powers personally to decide requests for appointment on compassionate grounds (as causal labour or substitute), or ward of a casual labourer who dies due to accident while on duty, provided the casual labour concerned is eligible for compensation under the Workmen’s Compensation Act, 1923.
2. In the PNM meeting with NFIR the Federation suggested that the benefits of compassionate appointment should be extended to families of causal labour who are on regular scales of pay and who die in harness, in the same manner as for wards of other Railway employees who die during service.
3. During the PNM meeting with NFIR held on 21/22.07.1986, it was explained to the Federation that the provisions relating to compassionate appointment in the case of regular employees cannot be extended to causal labour with temporary status. It was added however, that include cases of extreme hardship can- be considered on merits.
4. The matter has been examined further in the light of deliberations in the said PNM meeting.
5. Ministry of Railway s have now decided that if a casual labourer with temporary status dies in harness, i.e. during his employment with Railways and if the case presents features constituting extreme hardship, meriting special consideration, the General Manager could exercise his personal discretionary power for giving appointment to eligible and suitable ward of such casual labour on compassionate grounds. Such appointment will be only in the form of engagement as causal labour (fresh face) or as substitute; The Ministry expect this power to be exercised judiciously keeping in view in particular the need to contain the total causal labour force as enjoined in the extant instructions on the subject.
6. The power to make such appointment should not be further delegated to a lower authority.
7. Cases of death due to accident while on duty will continue to be governed by instructions contained in this Ministry’ s letter of even number dated 04.05.1984.
8. These instructions will be in force for a period of two years i.e. upto 31 st December 1988. The position will be reviewed at the end of 1988
27.
Subject: Appointment on compassionate grounds—Cases of wards of casual labour who die in harness.
[No. E (NG) II/84/CL/28 dated 13.03.1987]
Please refer to your Railway’s confidential letter No. E-33/7674(CG), dated 06.02.1986. The Ministry wish to clarify that the provisions contained in their letters of even number dated 04.05.1984 and 31.12.1986 apply also to widows of casual labourer dying in harness (during his employment with Railways). The individual case referred to in your letter cited above may be dealt with accordingly.
Copy of Northern Railway’s letter No. E33/7674(CG) dated 06.02.1987
Subject: Appointment on compassionate grounds — Smt. Sursati widow Late Shri Sunder Lal Ex. Substitute Gangman, Firozepur Division.
Late Shri Sunder Lal Ex. Substitute Gangman, Firozepur Division died on 11.08.1985 on account of Accident on duty. His widow Smt. Sursati represented to the Division for her engagement as Substitute Water women on compassionate grounds. The deceased left behind one minor daughter besides his widow. The said widow was called by the Division for appearing before the Selection Committee who have found her suitable for the post of Substitute Water woman and the Divisional Railway Manager has also approved the appointment as Substitute Water woman.
In terms of Board’s extant rules, received under their letter No. E (NG) II/84/CL/28, dated 04.05.1984 only the engagement of ward of such causal labourers/substitute is permissible and there is nothing about the widow. Keeping in view he straitened circumstances of the deceased family, the case has been recommended for the engagement of the above-named in Class IV category on compassionate grounds.
Railway Board is requested to kindly accord their approval for the engagement of Smt. Sursati widow late Shri Sunder Lal as Substitute Water woman on Firozepur Division, as a special case. A general relaxation in this regard for widows may also be given.
This has the approval of the General Manager.
28.
Subject: Appointment on compassionate grounds to the wards of Railway employees retired on medical grounds.
[No. E (NG) II/86/RC-l/20 dated 24.06.1987; RBE 165/87]
Attention is invited to the provisions in para 512(ii) of the Indian Railway Medical Manual, which lay down that where malingering is established, the Railway servant should be declared unfit for all cases.
2. A question has been raised whether in a case where a Railway servant is declared unfit for all posts in terms of the said para 512(ii) of the Medical Manual and is retired from Railway service, compassionate appointment to the ward of such a Railway servant would be admissible. The Board have consider the matter and have decided that in such cases compassionate appointment would not be admissible.
30.
[No. E (NG) II/87/RC-1/57 dated 21.08.1987; RBE 218/87]
Attention is invited to this Ministry’s letter No. E (NG) II/84/RC-1/26, dated 18.04.1985 by which General Managers were authorised to consider cases of compassionate appointment of wards of employees dying in harness where the death took place more than live years back but not more than ten years back, subject to the conditions stipulated therein. In the PNM meeting held between the Board and the AIRF on 22/23.04.1987, the Federation desired that the position regarding cases which were more than 10 years old or in which the conditions stipulated in Board’s letter dated 18.04.1985 cited above are not fulfilled, should be clarified to the Zonal Railway Administrations.
2. Board wish to clarify that as per the provisions’ contained in their letter No. E (NG) III/78/RC1/1, dated 07.04.1983, in the cases where an employee loses his life in the course of duty or gets crippled in the course of duty (and accordingly retires on medical grounds), the General Managers can personally and in deserving cases, relax the five year time limit. Board’s aforesaid letter dated 18.04.1985 lays down the conditions subject to which it will be within the competence of General Managers to consider cases of compassionate appointments to wards of Railway employees dying in harness (other than a case of losing life in the course of duty) when the event of death has occurred within the preceding ten years.
3. Where death occurred more than 10 years back and also in cases where death took place between 5-10 years back, but the conditions stipulated in the said Board’s letter dated 18.4.1985 are not fulfilled, compassionate appointment is not within the competency of the General Managers (except in cases of losing life in course of duty or getting crippled in the course of duty). However in such cases, if compassionate appointment is otherwise admissible and if after careful examination of the case it is found that there are special features or circumstances justifying relaxation of time limit, the cases could be considered by the Railway Administrations for approaching the Railway Board for relaxation of time limit as a special case. As per instructions in vogue on the subject, such a reference to the Railway Board should be made by the Railway Administrations only if the General Manager personally approves of recommending the case to the Board.
31.
Subject: Appointment on compassionate grounds — Case of appointment of the brother-in-law of a deceased employee.
Reference: Your Railway’s letter No. HPB/109/RE/BB dated 14.07.1987.
[No. E (NG) II/87/RC-1/152 dated 19.10.1987]
It is seen from above correspondence that your Railway have considered for appointment on compassionate grounds the brother-in-law of a deceased employee taking Board’s letter No. E (NG) III/78/RC-1/1, dated 03.02.1981 as authority therefor.
2. It may however be observed from Board’s letter dated 03.02.1981 that it was clarified that while no hard and fast rule can be laid down, a blood relation who is considered to be a bread winner of the family, is to be considered as “near relative”. In the consolidated instructions on compassionate ground appointment issued vide Board’s letter No. E (NG) III/78/RC-1/1, dated 07.04.1983 also, it has been laid down that “near relative” would normally mean a blood relation who can be considered to be a bread winner of the family.
3. Normally a brother-in-law cannot be blood relation. In the circumstances a brother-in-law would not come within the categories of persons eligible for compassionate appointment. This may please be noted for guidance in future.
32.
Subject: Appointment on compassionate grounds — Proforma for sending proposals relating to relaxation of time limit in cases of death in harness.
[No. E (NG) II/87/RC-I/l43 dated 19.04.1988; RBE 80/88]
Attention is invited to D.O. letter No. E (NG) II/78/RC-1/1, dated 15.12.1980 from the then Adviser (IR), Railway Board, addressed to all General Managers, wherein it was laid down that in deserving cases compassionate appointment can be considered even beyond the period of five years if the circumstances of the case are special and they warrant a special dispensation. It was also laid down therein that the relaxation in such cases would be accorded by the Railway Board in individual cases referred to them (Board) with the personal approval of the General Manager.
2. Attention is also invited to Railway Board’s letter No. E (NG) II/84/RC-1/26, dated 18.04.1985 wherein instructions were issued delegating to General Managers powers to consider for compassionate appointment cases over 5 years old but not more than 10 years old, subject to the conditions stipulated therein. Cases beyond 10 years as also cases beyond 5 years but less than 10 years which do not fulfil the conditions laid down in the instructions of April, 1985 could be referred to the Railway Board with the personal approval of the General Manager, if the circumstances of the case justify special consideration. The position in this regard has been clarified in Board’s letter No. E (NG) IV87/RC-1/57, dated 21.08.1987.
3. Such cases (for relaxation of time limit) referred to the Board are necessarily considered on the merits of each case.
4. It has been observed that while sending such proposals some Railways have not been furnishing all the necessary particulars of the case. Hence it becomes necessary to refer back to the Railway resulting in delay in the finalisation of such cases. In this context the question of prescribing a proforma for sending proposals for appointment on compassionate grounds in relaxation of time limit, has been under consideration of the Railway Board for sometime. It has now been decided by the Railway Board that henceforth the Railway Administrations should furnish the requisite particulars in the proforma enclosed, while sending proposals for appointment on compassionate grounds in relaxation of time limit. Compliance with this requirement may please be ensured in all such cases referred to the Board in future.
PROFORMA
For sending proposals for appointments on compassionate grounds in relaxation of the time limit in cases of death in Harness
I. Particulars of Deceased Employee
1. Name:
2. Date of Birth:
3. Date of appointment:
4. Date of death:
5. Designation and grade of post held at the time of death:
II. Particulars of Candidate for Employment
1. Bio-data of the candidate proposed for appointment:
(i) Name:
(ii) Date of Birth:
(iii) Educational Qualifications:
(iv) Date of attaining majority:
(v) Whether already employed elsewhere:
2. Whether the candidate belongs to SC/ST If so, whether there is any shortfall in the categories/posts in which appointment is sought for.
3. When application for appointment on compassionate grounds was submitted
III. Other Particulars
1. Composition of the family:
S. N.
|
Name
|
Relationship
|
Date of Birth
|
Educational qualification
|
Marital Status
|
Occupation
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
2. Whether employment is sought for the eldest son/daughter on attaining majority
3. Retirement benefits received by the family
4. Financial position of family (including details of property, if any)
5. Whether the proposal has the personal recommendation of the General Manager
6. Special circumstances warranting relaxation of time limit
7. Any other particulars considered relevant.
33.
[No. E (NG) II/84/RC-1/26 dated 21.04.1988]
Reference Ministry’s letters of even number dated 18.04.1985 and 21.07.1987 on the above noted subject.
2. The question of delegation of powers to General Managers for grant of relaxation of time limit in cases of compassionate appointment, as conveyed vide paras 3 and 4 of Board’s letters of 18.04.1985 and 21.07.1987, has been further reviewed and it has been decided that the delegation of powers may be further extended upto 31.03.1989.
34.
[No. E (NG) II/86/RC-l/I/Policy dated 20.05.1988; RBE 106/88]
In terms of para II of instructions contained in Para II of Board’s letter No. E (NG) III /78/RC-1/1 dated 07.04.1983, son/daughter/widow/widower of the employees are eligible to be appointed on compassionate grounds in the circumstances in which such appointments are permissible.
2. A question has been raised whether adopted sons/daughters are eligible to be considered for compassionate appointment. The matter has been considered and the Board have decided that an adopted son/adopted daughter will also be eligible to be considered for appointment on compassionate grounds (in circumstances in which such compassionate appointment is permissible) in case all the following conditions are satisfied:
(i) There is satisfactory proof of adoption valid legally.
(ii) The adoption is legally recognised under the personal law governing the Railway servant.
(iii) The legal adoption process has been completed and has become valid before the date of death/medical decategorisation/medical incapacitation (as the case may be) of the ex-employee.
3. For example, it may be noted that under Section 11 of the Hindu Adoption and Maintenance Act, adoption can be made only if the adopted father or mother by whom the adoption is made does not have a Hindu son or daughter, whether by legitimate blood relationship or by adoption living at the time of adoption.
4. Past cases dealt with otherwise need not be reopened.
35.
Subject: Relaxation of minimum educational qualification for appointment on compassionate grounds.
[No. E (NG) II/80/RC-l/4 (KW) dated 22.02.1989; RBE 56/89]
In terms of para IV of the instructions contained in Railway Board’s letter No. E (NG) III/78/RC-1/1, dated 07.06.1983, the educational qualification prescribed for the post to be offered should not in any case be relaxed. However, if on the merits of an individual case the General Manager feels that such a relaxation of the minimum educational qualification is absolutely necessary and then such cases may be referred to the Ministry of Railways. There have been cases where Board have agreed to relaxation of educational qualification depending on the merits of the case, with the stipulation that the candidate has to acquire the required qualification within the prescribed time limit. Where a candidate has not been able to acquire the requisite qualification within the time limit prescribed. Board have been agreeing to extension of time if it appears that prima facie the candidate has been making efforts, to acquire the requisite qualification. There could, however, be cases where the candidate is unable to acquire the requisite qualification. The general question as to how such cases are to be dealt with has been under consideration of the Board for some time.
2. In order that employees may acquire the qualification required within the least possible time and they do not take it for granted that extension of time will be given, and eventually they will be retained in service albeit in the lower grade, Board have decided that the following stipulations should be made in future cases where educational qualifications may be relaxed:
(i) The period to be allowed for acquiring the qualification will be two years.
(ii) Such a person will not be confirmed in service till he acquires the qualification.
(iii) He will not be eligible for promotion till such time he acquires the qualification.
(iv) If any junior is promoted before the senior compassionate appointee acquires the qualification, such promotion will be treated as regular. In other words, the compassionate appointee will lose seniority in the higher grade to such of his juniors as may be promoted to the next higher grade, before he acquires the prescribed qualification.
3. Board desire that the above instructions may please be kept in view while processing proposals for relaxation of educational qualification and issuing offer of appointments in such cases.
36.
[No. E (NG) II/87/RC-1/143 dated 28.04.1989; RBE 115/89]
Attention is invited to Board’s letter of even number dated 19.04.1988 laying down a proforma for sending proposals relating to relaxation of time limit in cases of death in harness.
2. Board desire that each and every proposal for relaxation of either time limit or criteria laid down for the purpose including cases of higher fixation on initial appointment/promotion in intermediate grades, etc. should be accompanied by complete details of the case in the prescribed proforma to enable the proposal being considered on merits and in the proper perspective. This will also minimise back references being made resulting in delay in finalisation of such cases.
3. The Board trust that such proposals will be made only when there is clear justification therefor. Personal approval of the General Manager should be obtained before any such proposal is made as already enjoined in the extant instructions.
4. It is requested that instructions may please be issued to all the concerned to ensure compliance with the above.
37.
[No. E (NG) II/84/RC-1/26 dated 03.05.1989; RBE 118/1989]
Reference Ministry’s letters of even number dated 18.04.1985, 21.07.1987 and 21.04.1988 on the above noted subject.
2. The question of delegation of powers to General Managers for grant of relaxation of time limit in cases of compassionate appointment, as conveyed vide paras 3 and 4 of Board’s letters of 18.04.1985 and 21.04.1988, has been further reviewed and it has been decided that the delegation of powers may be further extended up to 31.03.1990.
38.
[No. E (NG) II/88/RC-1/1/Policy dated 02.11.1989; RBE 274/89]
Attention is invited to instructions contained in Board’s letter No. E (NG) III/78/ RC-1/1, dated 02.06.1981 and E (NG) III/79/RC-1/62, dated 05.03.1982. These instructions enjoin that candidates considered for appointment on compassionate grounds should be subjected to suitability test before appointment by a Committee of three Senior Scale Officers, one of whom should be a Personnel Officer. It was added that the selection should be conducted keeping compassion in view. The scope of such test was also indicated.
2. Board had occasion to review the matter recently. In the light of such review. Board have now decided that suitability of those proposed to be appointed on compassionate grounds should be properly assessed by a strict test. In case the candidate has the necessary minimum qualifications for employment in a Group ‘C’ posts, his suitability for all types of Group ‘C’ posts, in the order of suitability, should be judged and recorded by the screening committee, which should also clearly indicate the categories for which the candidate has not been considered suitable. Final offer of appointment will, however, be subject to availability of vacancies, passing of medical examination, production of necessary certificates, etc. Attention in this connection is invited also to instructions contained in para 2(ii) of Board’s letter No. E (NG) II/84/RC-1/74, dated 25.06.1985.
3. Board have also decided that the type of job to be offered to a candidate, found suitable for compassionate appointment, will be left to the discretion of the competent authority and it will depend on the suitability of the candidate for the particular job and the merits of each case.
4. Board desire that while considering cases for appointment on compassionate grounds, the decisions of the Board as mentioned in the preceding paragraphs, may be kept in view.
39.
Subject: Appointment on compassionate grounds — Cases of wards of casual labour with temporary status who die in harness.
[No. E (NG) II/84/CL/28 dated 06.12.1989]
Kindly refer to Board’s letter of even number dated 31.12.1988 wherein General Manager of Zonal railways have been delegated powers to appoint suitable ward of casual labour who die in harness during service on compassionate ground for a limited period, i.e. upto 31.12.1989.
2. On receipt of further demand from recognised labour, the Board have reviewed the matter and have decided that the currency of said orders last extended upto 31.12.1989 may be further extended for two more year. i.e. upto 31.12.1991 pending further decision in the matter. The other stipulations made in paras (5), (6) and (7) of Board’s letter of even number dated 31.12.1986 continue to hold good.
40.
[No. E (NG) II/88/RC-1/1/Policy dated 12.02.1990; RBE 28/90]
Attention is invited to Ministry of Railway’s letter No. E (NG) III/78/RC-1/1, dated 25.08.1980, in terms of which the appointment on compassionate grounds of a ‘near relative’ of a Railway employee dying in harness could be considered, subject to the conditions stipulated therein.
2. Ministry of Railways have recently reviewed these instructions in the context, inter alia, of the fact that subsequent to the issue of the aforesaid instructions, the retirement benefits admissible to Railway employees and their families have been considerably liberalised. For instance, a minimum family pension of Rs. 375 plus interim relief thereon is now admissible. In addition to Deposit Linked Insurance Scheme, a Group Insurance Scheme has also been introduced for Railway employees, which provides for a minimum of Rs. 10,000 insurance money (being increased to Rs. 15,000) for Group ‘D’ and Rs. 20,000 (being increased to Rs. 30,000) for Group’ C” staff. The death gratuity and the leave salary benefits have also been considerably liberalised in the light of recommendations of the Fourth Pay Commission.
3. Having regard to the foregoing, it is felt that the considerations on which the provisions of the aforesaid instructions of 25.08.1980 were based, no longer subsist, especially in cases where a Railway employee dying in harness leaves behind only his widow and there are no children to be supported by the widow. Accordingly, in partial modification of the instructions contained in Ministry’s letter dated 25.08.1980 cited above, it has now been decided that in cases where an employee dies in harness leaving behind only the widow, i.e. without any children, appointment of a near relative would not be admissible.
4. In future, the eligibility of a “near relative” for appointment on compassionate grounds will, therefore, be subject to the following conditions:
(i) Such appointment is not permissible where the Railway employee who has died in harness has left behind only the widow, with no son/daughter to be supported by her.
(ii) The son or daughter of the employee or ex-employee is a minor one and the widow cannot take up employment.
(iii) A clear certificate should be forthcoming from the widow that the ‘near relative’ will act as the bread-winner of the family.
(iv) If the family certifies at a later date that the ‘near relative’, who was appointed on compassionate grounds, refuses to support the family, the services of that employee are liable to be terminated.
(v) Once a ‘near relative’ is appointed on compassionate grounds, no further appointment shall be given later to a son, or daughter or to the widow of the employee, on compassionate grounds.
(vi) The appointment of the ‘near relative’ shall not be considered, if a son or daughter, or the widow herself is already working and is earning.
41.
[No. E (NG)/II/88/RC-1/141 dated 08.03.1991; RBE 46/90]
Attention is invited to Board’s letter No. 58/AC.III/20/4, 7 dated 27.06.1959 stipulating that directly recruited Junior Accounts Assistants are required to qualify Appendix II (IREM) Examination within three years of appointment for which two chances, may be given, failing which their services are liable to be terminated unless another chance of the said examination is approved by the Board.
2. Board desire that when any compassionate appointment is made as Junior Accounts Assistants, the Railway Administrations should invariably include a clause in the relevant appointment letter about passing Appendix II Examination within three years as per normal rules, failing which the person so appointed on compassionate grounds would be reverted to Clerk Grade II. This may please be noted for compliance.
42.
[No. E (NG) II/84/RC-l/26 dated 18.04.1990; RBE 68/90]
Attention is invited to Ministry’s letter of even number dated 18.04.1985 on the subject of delegation of powers to General Managers, subject to conditions mentioned therein, in regard to appointment on compassionate grounds where the case is not more than ten years old. One of the conditions stipulated therein is that the request for compassionate appointment should have been received by the Railway Administration as soon as the son/ daughter to be considered for appointment has become a major, say within a maximum period of six months.
2. During a PNM Meeting between NFIR and the Board held in August, 1989 a demand was raised by the Federation that the aforesaid condition of a limitation period of six months for submission of application after attaining the age of 18 years, should be deleted. During discussions in the PNM meeting with the Federation in August, 1989 and again in February, 1990, it was explained to them that the condition that application for appointment should have been submitted within a reasonable time, is one of the conditions in which enhanced powers have been delegated to General Managers and that it would not be possible nor would it be appropriate, to delete it. After discussion, however, it was agreed that the maximum period of six months within which the request for compassionate appointment is required to be received by the Railway Administration after the eligible wards attained the age of majority, would be revised as one year.
3. Accordingly Ministry have decided that clause (vii) of para 3 of their letter of even number dated 18.04.1985 should be amended to the effect that the request for compassionate appointment should have been received by the Railway Administrations within the maximum period of one year of the candidate attaining the age of majority instead of six months as laid down earlier.
4. Ministry have also decide that the delegation of powers to General Managers for grant of relaxation of time limit in cases of compassionate appointment as conveyed vide their letters of 18.04.1985 and 03/05.05.1989 and as amended above, will continue to be in force for two more years, i.e. upto 31.03.1992.
43.
[No. E (NG) II/87/RC-1/143 dated 07.08.1990]
Attention is invited to Board’s letters of even number dated 19.04.1988 and 28.04.1989 on the above subject. Board desire that in future information regarding educational qualification [Item II (iii) of the proforma] may be furnished as under:
“II (iii) Educational Qualification—
(a) As at present (date to be indicated):
(b) At the time of attaining the age of majority.”
2. It is requested that the above may be noted for strict compliance for future.
44.
[No. E (NG) II/88/RC-1/I/Policy dated 06.02.1991; RBE 30/91]
It has been brought to the notice of Board by the recognised Federations that on a few Railways, Divisional Railway Managers have not been given powers to make appointment on compassionate grounds. In this connection attention is invited to Board’s letters No. E (NG) III/78/RC-1/1, dated 30.04.1979 and 07.04.1983 vide which certain powers have been/were to be delegated to DRMs/SAG officers in charge of extra Divisional Units.
2. The matter has been considered further by Board and the following decisions/ clarifications are conveyed:
“Authority competent to make appointments on compassionate grounds. The power to make compassionate appointments is vested in the General Manager, subject to the extant guidelines.
The General Manager may, however, redelegate this power of compassionate appointment in Group ‘C’ and Group ‘D’ to the Divisional Railway Managers and also to Heads of the extra Divisional Units who are in S.A. grade, subject to such control as he may like to impose on the exercise of such powers by these authorities.”
3. In view of the above, Board suggest the General Managers may like to review and redelegate the above power suitably where not already done.
45.
Subject: Employment on compassionate grounds to the eligible wards of medically decategorised Staff.
[No. E (NG) II/90/RC-143 dated 25.02.1991; RBE 37/91]
Attention is invited to Board’s letter No. E (NG) III/78/RC-1/1, dated 03.09.1983 which regulates appointment on compassionate grounds to eligible wards of medically decategorised staff. Arising out of the discussion at the PNM Meeting with NFIR held on 11/12.09.1990, Railway Board have decided that in partial modification of Board’s letter of 03.09.1983 cited above; the period of three years’ service mentioned in para 3 thereof may be reckoned from the date of medical unfitness/decategorisation of the employees for considering the candidate for appointment on compassionate grounds.
46.
[No. E (NG) II/88/RC-1/1 Policy dated 16.05.1991; RBE 102/91]
The question regarding appointment on compassionate grounds came up for discussion at the JCM/DC Meeting held in Board’s Office on 06.02.1991 when the staff side raised the following issues:
(i) Keeping compassion in view, the stipulation of suitability to be adjudged by means of “strict test” while offering appointments on compassionate grounds may be deleted from the instructions contained in Board’s letter of even number dated 02.11.1989.
(ii) The instructions contained in Board’s letter of even number dated 12.02.1990, should be reviewed so that in the case of widows without any children appointment of a near relative may be made permissible in cases of hardship.
2. Ministry of Railways after considering the matter have decided as under:
(i) In partial modification of instructions contained in para 2 of Board’s letter of even number dated 02.11.1989, it has been decided to delete the word “strict” appearing before the word “test” in the fourth line. Suitability of the candidates will henceforth be assessed by an appropriate test. ‘
(ii) In partial modification of instructions contained in para 3 of Board’s letter of even number dated 12.02.1990 quoted above, in cases where an employee dies in harness leaving behind only the widow, i.e without any children, appointment of a near relative may be considered in cases of hardship and on merits of each case.
3. The other stipulations made in the said letters of 02.11.1989 and 12.02.1990 will continue to hold good and the instructions therein nay be complied with while offering appointment on compassionate grounds.
47.
Subject: Grant of various benefits to the families of Railway employees killed in firing by a gang of extremists at Qabarwala station 27.08.1989 — Appointment on compassionate grounds.
Reference: Your Railway’s letter No.720-2/225-UMB (Pension) dated l0/12.12.1990.
[No. E (NG) II/91RC-I/20 dated 18.06.1991; RBE 114/91]
It is clarified that with the issue of instruction contained in this Ministry‘s letter No. F (E) II/90/PN-1/29 dated 16.10.1990 the restrictions imposed earlier vide para 6 of this Ministry’s letter No. F (E) III-84/PN-l/20, dated 16.03.1985 in regard to appointment on compassionate grounds stands lifted. In the circumstances relaxation or rules for appointment on compassionate ground of windows/wards of 4 employees (mentioned in your letter dated 16.07.1990) killed on duty as a result of attack by terrorists, as per instructions governing appointment on compassionate ground is not required.
48.
[No. E (NG) II/91/RC-l/65 Policy dated 07.08.1991; RBE 143/91]
Under items III and V of Master Circular No. 16 issued vide E (NG) II/ 90/RC-1/117 (M.C.), dated 12.12.1990 on the above subject details have been indicated in regard to persons eligible to be appointed on compassionate grounds as also time limits laid down for making of such appointments.
2. In this connection, attention is invited to Railway Board’s letter No. E (NG) II/84/RC-1/172, dated 01.03.1985 and earlier letter No. E (NG) III/78/RC-1/1, dated 30.04.1979. Ministry of Railways desire to clarify as under:
(i) Near relative could be considered for compassionate appointment only within first five years of the death of the decased employee subject to stipulations laid down in Board’s letter No. E (NG) III/78/RC-1/1, dated 03.02.1981 and No. E (NG) II/88/RC-1/1 Policy, dated 12.02.1990 and also referred to in para 3 (a) of the Master Circular No. 16.
(ii) General Managers could consider cases of compassionate appointments to other than first child only within 5 years of death, as mentioned in para 3 of Board’s letter No. E (NG) II/84/RC-1/ 172 dated 01.03.1985, where after the claim will lapse. Beyond 5 years, case could be considered only in respect of the first ward (son/daughter) but only up to 10 years from the date of death of the deceased employee.
(iii) In respect of dependants of employees who die or are permanently crippled in the course of duty (priority I cases). General Managers could consider appointment of first ward (son/daughter) even beyond 10 years from the date of death, till they attain majority.
3. Necessary action may be taken in accordance with these instructions for giving compassionate appointments to wards/near relatives of the deceased employees.
49.
[No. E (NG) II/90/RC-1/90 dated 06.09.1991; RBE 160/91]
Attention is invited to Board’s letter No. E (NG) II/80/RC-1/56, dated 30.03.1981 advising the Railways to minimise the number of case of widows waiting for appointment on compassionate grounds and to advise measures to find out if any more categories of posts could be exclusively reserved to accommodate more number of woman dependants.
2. The Federations have represented that delays in giving compassionate appointment to illiterate widows continue to take place and therefore there is need to identific additional posts/categories for absorption of widows.
3. The Ministry of Railways desire that Railway Administrations should make concerted efforts and see to it that the widows are given employment on compassionate grounds expeditiously without much waiting time, to the extent possible.
50.
Subject: Appointment on compassionate grounds — Cases of Second window and her wards. Supplementary Circular No. 5 to M.C. No. 16.
[No. E (NG) II/91/RC-l/136 dated 02.01.1992; RBE 1/92]
It is clarified that in the case of Railway employees dying in harness, etc. leaving more than one widow along with children born to the second wife, while settlement dues may be shared by both the widows due to Court orders or otherwise on merits of each case, appointments on compassionate grounds to the Second widow and her children are not to be considered unless the administration has permitted the second marriage, in special circumstances, taking into account the personal law, etc.
2. The fact that the second marriage is not permissible clarified in the terms and conditions advised in the offer of initial appointment.
3. This may be kept in view and the cases for compassionate appointment to the second widow or her wards need not be forwarded to Railway Board.
51.
Reference: Ministry’s letters of even number dated 18.04.1985, Supplementary Circular No. 6 to M.C. No. 16.
[No. E (NG) II/84/RC-1/26 dated 15.06.1992; RBE 96/92]
The question of delegation of powers to General Managers for grant of relaxation of time limit in cases of compassionate appointment, as conveyed vide Board’s letter of 18.04.1985 has been further reviewed and it has been decided that the delegation of powers may be further extended upto 31.03.1994.
52.
[No. E (NG) II-91/RC-1/117(MC) dated 20.09.1992; RBE 164/92]
The following may be added in para VII of Master Circular No. 16 issued vide Board’s letter of even number dated 12.12.1990.
“VII (a) For compassionate appointment to the Non - Technical popular categories the minimum of 50% marks in Matriculation need not be insisted upon and candidates possessing a pass in Matriculation may also be appointed on compassionate grounds provided the other prescribed conditions are satisfied in their case.”
[Authority: Railway Board’s Letter No. E (NG) II-81/RSC/25, dated 06.05.1982]
The existing para VII (a) may be read as VII (aa)
2. This also disposes of N.E. Railway’s letter No. E/227/l/Pt.II/ RRB Functioning, dated 22/23.04.1992.
53.
[No. E (NG) II/92/RC-1/117 dated 24.11.1992; RBE 199/92]
Para XII (b) of the Master Circular No. 16 issued vide Board’s letter of even number dated 12.12.1990 on appointed on compassionate grounds may be amended as under:
“XII (b). Once an appointment on compassionate grounds of the wards/widow, etc. has been made in a particular category/grade, no change of category/grade is subsequently permissible on the same compassionate grounds, subject, however, to the provisions in para X(c) above.”
2. Ministry of Railways desire to clarify that inchange of category/grade, as per rules for Railway employees, would obviously apply to compassionate appointees toe.
54.
Subject: Appointment on compassionate grounds — Case of widow/wards of substitutes who die in service. Supplementary Circular No. 9 to M.C. No. 16.
[No. E (NG) II/93/SB/5 dated 07.10.1993; RBE 147/93]
Attention is invited to Railway Board’s letter No. E (NG) II/84CL/288, dated 31.12.1986 regarding appointment on compassionate grounds of wards of temporary status casual labour who die in harness, as Casual Labour (fresh face) or as a substitute.
2. Board desire to clarify that instructions contained in the above letter are also applicable to the cases of temporary status substitutes who die in harness.
55.
Subject: Appointment on compassionate grounds -Typing skills for the persons appointed in the ministerial cadre. Supplementary Circular No. 10 to M.C. No. 16.
[No. E (NG) II/94/RC-1/35 dated 20.05.1994; RBE 40/94]
Attention is invited to instructions contained in Board’s letter No. E (NG) II/92/CD/1, dated 17.07.1992 stipulating inter alia that the future direct recruits from open market to the categories of Clerks and. Senior Clerks, should possess typing proficiency of 30 w.p.m. in English or 25 w.p.m. in Hindi as an essential qualification besides the prescribed educational qualifications. The question of extending the condition of typewriting proficiency in the case of appointments on compassionate grounds to ministerial cadre has been under consideration of the Board for quite some time.
2. After careful consideration of the matter, Board have decided that the persons appointed on compassionate grounds to ministerial cadre (as Clerks or Senior Clerks) will, henceforth, be required to possess typewriting proficiency of 30 w.p.m. in English or 25 w.p.m. in Hindi within a period of 2 years from the date of appointment, and their appointment will be provisional subject to acquiring the prescribed typing qualification within the stipulated period.
2.1. The above provision will be applicable to the compassionate appointments made during the next two years where after the possession of typing skill will be a pre-requisite condition for eligibility for considering appointment on compassionate grounds, to the ministerial cadre.
56.
[No. E (NG) II/93/RC-1/157 dated 17.06.1994; RBE 47/94]
Attention in invited to this Ministry’s letter No. E (NG) II/84/RC-1/26, dated 18.04.1985 and 18.04.1990 wherein General Managers were authorised to consider cases of compassionate appointment of wards of employees dying in harness where the death took place more than five years back but not more than ten years back, subject to the conditions stipulated therein.
2. Attention is also invited to para 3 of Board’s letter No. E (NG) II/ 87/RC-1/57, dated 21.08.1987 stipulating that where death occurred more than 10 years back and also in cases where death took place between 5 and 10 years back but the conditions stipulated in the Board’s letters dated 18.04.1985 and 18.04.1990 are not fulfilled, if compassionate appointment is otherwise admissible and if after careful examination of the case it is found that there are special features of circumstances justifying relaxation of time limit, the cases could be considered by the Railway Administrations for approaching the Railway Board for relaxation of time limit as a special case, the reference to the Railway Board being made by the Railway Administration only with the personal approval of the General Manager.
3. During a PNM Meeting between NFIR and the Board held on 9/10.11.1993 it has been represented by the Federation that time barred cases are being turned down by the Railway Administrations, without considering the same for forwarding for Board’s consideration.
4. In the above context Board desire to reiterate the extant instructions contained in para 3 of Board’s letter No. E (NG) II/87/RC-1/57 dated 21.08.1987 for strict compliance.
57.
Subject: Appointment on compassionate grounds — Delegation of powers for relaxation of time limit. Supplementary Circular No. 11 to M.C. No. 16.
[No. E (NG) II/84/RC-1/26 dated 02.08.1944; RBE 64/94]
Please refer to this Ministry’s letters of even number dated 18.04.1985, 21.07.1987, 21.04.1988, 03.05.1989, 18.04.1990 and 15.06.1992 on the above noted subject.
2. The question of delegation of powers to General Managers for grant of relaxation of time limit in cases of compassionate appointment, as conveyed vide Board’s letter of even number dated 18.04.1985 and last extended upto 31.03.1994 vide Board’s letter dated 15.06.1992 has been further reviewed and it has been decided that the delegation of powers may be extended till issue of further orders.
58.
Subject: Appointment on compassionate grounds — Time limit for appointment. Supplementary Circular No. 12 to M.C. No. 16
[No. E (NG) II/84/RC-1/26 dated 21.11.1994; RBE 100/94]
Please refer to this Ministry’s letters of even number dated 18.04.1985, 18.04.1990 and No. E (NG) II/91RC-1/65 Policy, dated 07.08.1991, on the above noted subject.
2. Arising out of issues raised in the in formal Consultative Committee Meeting of MPs for Northern Railway held on 7th September, 1994, Rules/guidelines covering compassionate appointments, powers delegated to the General Managers and the circumstances wherein cases are required to be referred to the Board, have been reviewed in order to simplify the procedure of compassionate appointment.
3. At present the General Managers are empowered to consider cases of compassionate appointments beyond the limit of five years subject to fulfilment of certain conditions. The conditions stipulated in para 3(ii) and 5(vii) of Board’s letter of even number dated 18.04.1985 are as under:
3 (ii) The case should not be more than ten years old as reckoned from the date of death;
3(vii) The request for compassionate appointment should have been received by the Railway Administration as soon as the son/daughter (clarified, as the first ward (son/daughter) vide Board’s letter No. E (NG) II/91/RC-1/65 Policy, dated 07.08.1991) to be considered for compassionate appointment has become a major, say, within a maximum period of six months (Subsequently modified as one year vide Board’s letter of even number dated 18.04.1990).
4. Board have decided that the above-mentioned conditions may be modified as under:
(a) The case should not be more than 20 years old from the date of death; and
(b) The request for compassionate appointment should have been received by the Railway Administration as soon as the first child or, wherever the family desires for some satisfactory reasons, the first son/first daughter to be considered for appointment, becomes a major. The General Manager will, however, have the power to relax this period upto a maximum of two years of attaining majority by the candidate, with the educational qualification for the purpose of appointment being taken as that acquired at the time of attaining majority.
5. The other conditions mentioned in Board’s letter of even number dated 18.04.1985 quoted above remain unchanged. .
6. Wherever in individual cases of merit, it is considered that justification exists for extending consideration to cases falling beyond the above time limits i.e., where death took place over 20 years ago and where the applications for appointment is made after over two years after attaining majority, or where the application is made for other than first child/first son/ first daughter, the prior approval of the Ministry of Railways should be obtained by forwarding a detailed proposal with specific justification and personal recommendation of the General Manager in the prescribed pro-forma, circulated vide Board’s letter No. E (NG) II/87/RC-1/143, dated 19.04.1988.
59.
[No. E (NG) II/92RC-1/112 dated 22.11.1994; RBE 101/94]
The Railway Convention Committee in their Seventh Report (1991) on Staff Welfare and Industrial Relations in Railways has made the following observations:
(i) As many as 7,700 cases of compassionate appointments were pending as on 31.03.1993. The candidate has to appear before the authorities a number of times before actual offer of appointment. Proper guidance may be given to the candidate in this regard. The Zonal authorities should also print a check list of all the documents required and a copy of the same should be handed over to the candidate.
(ii) The time limit for submitting application within one year of attaining majority by the candidate may be raised to at least three years. The Welfare Wing should maintain a register of all the deceased employees indicating the date on which the ward would attain the age of majority and immediately thereafter the widow would be informed that in case the application is not submitted within the prescribed time limit of one year, the same will be treated as time barred.
2. The above observations have been examined carefully by the Railway Board who have decided as under: —
(i) The Railway Administrations/Production Units, etc. should ensure that proper guidance is given to the families/applicants regarding the formalities to be completed for compassionate appointment.
(ii) (a) For the above, among other things, a brochure giving an outline of the procedure including a check list of all the documents to be attached to the application for compassionate appointment should be prepared by each Railway/ Production Unit, etc.
(b) A register should be maintained by the Welfare Wing in each Division/Unit, etc., containing detailed particulars of the deceased employees including the date on which the children of the deceased would attain the age of majority, etc. One column in the register should invariably indicate the file number opened for the case.
(c) The Welfare Wing should intimate the widow/the family enclosing a copy of the brochure as at (ii)(a) above and bringing out among other things that in case the appointment is sought for the son/daughter who is minor at the time of death of the employee, application for appointment must be submitted immediately after the candidate attains the age of majority and, in any case, well within the prescribed time limit for submitting such application. (The present time limit of one year for submitting the application after attaining the age of majority is being raised to two years, separately).
3. As the Railway Administrations are aware, the very purpose of compassionate appointment is to provide immediate financial assistance to the bereaved family and if the offer of appointment is delayed, the object of the scheme is defeated. It is, therefore, necessary that concerted efforts should be made by the Administration to ensure that compassionate appointment cases are processed at the earliest so that eligible and suitable conditions get appointment early.
4. Board desire that the directives given in para 2 above may be followed scrupulously.
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