REVIEW OF THREE YEARS TIME LIMIT FOR
MAKINGCOMPASSIONATE
F.No.14014/3/2011-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi
Dated the 26th July, 2012
OFFICE
MEMORANDUM
Subject:- Review
of three years time limit for making compassionate appointment.
The primary objective of scheme
for compassionate appointment circulated vide O.M. No. 14014/6/94-Estt(D) dated
09.10.1998 is to provide immediate assistance to relieve the dependent family
of the deceased or medically retired Government servant from financial destitution
i.e. penurious condition. The Hon'ble Supreme Court in its judgment dated
05.04.2011 in Civil Appeal No. 2206 of 2006 filed by Local Administration
Department vs. M. Selvanayagam @ Kumaravelu has observed that "an
appointment made many years after the death of the employee or without due
consideration of the financial resources available to his/her dependents and
the financial deprivation caused to the dependents as a result of his death,
simply because the claimant happened to be one of the dependents of the
deceased employee would be directly in conflict with Articles 14 86 16 of the
Constitution and hence, quite bad and illegal. In dealing with cases of
compassionate appointment, it is imperative to keep this vital aspect in
mind".
2. This Department's O.M. No. 14014/6/ 1994-Estt. (D) dated 09.10.1998
provided that Ministries/Departments can consider requests for compassionate
appointment even where the death or retirement on medical grounds of a
Government servant took place long back, say five years or so. While
considering such belated requests it was, however, to be kept in view that the concept
of compassionate appointment is largely related to the need for immediate
assistance to the family of the Government servant in order to relieve it from
economic distress. The very fact that the family has been able to manage
somehow all these years should normally be taken as adequate proof that the
family had some dependable means of subsistence. Therefore, examination of such
cases call for a great deal of circumspection. The decision to make appointment
on compassionate grounds in such cases was to be taken only at the level of the
Secretary of the Department/Ministry concerned.
3. Subsequently vide
this Department's O.M. No. 14014/19/2002-Estt. (D) dated 5th May, 2003 a time
limit of three years time was prescribed for considering cases of compassionate
appointment. Keeping in view the Hon'ble High Court Allahabad judgment dated
07.05.2010 in Civil Misc.
Writ Petition No. 13102 of 2010, the issue has been re-examined in consultation
with Ministry of Law. It has been decided to withdraw the instructions
contained in the O.M. dated 05.05.2003.
4. The cases of
compassionate appointment may be regulated in terms of instructions issued vide
O.M. dated 09.10.1998 as amended from time to time. The onus of examining the
penurious condition of the dependent family will rest with the authority making
compassionate appointment.
(Mukta Goel)
Director (E-I)
Tel. No. 2309 2479
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