APPOINTMENT TO DIE


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And Others on 22 September, His mother made an application for compassionate appointment on The petitioner applied for compassionate appointment on 4. He got information under the Right. Rajodevi And Anr.

King James Version (KJV)

The petitioner has applied for his compassionate appointment under dying in harness rules on the post of Asstt. In para 3 of such Government. And Others on 6 February, Vikram Nath, J. Compassionate appointment to dependents of employees of the State who die in harness has been the subject Through Its Prin.

No appointment on compassionate grounds shall. Create Alert Get alerts for new judgments matching this query. Whether near relative can be considered for appointment if the family is able to sustain with the property left behind by the deceased. Instructions are applicable from the date of issue. 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. This cannot be accepted.

Whether Dy. No, as they have been given independent charge for day-to-day working only. No general prescription of any specific period is contemplated by the Board. Ministry of Railways letter of even number dated 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.

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 Subject: Appointment on compassionate grounds — Missing Railway Employees. The Ministry of Railways vide their letter of even number dated Also such appointment can be offered after a lapse of minimum of 3 years period after the Railway employee is missing. Subject: Direct recruitment in Intermediate Grades — Appointment on compassionate grounds.

The Ministry of Railways in their letter No. Recruitment in intermediate grades like recruitment of Engineering Graduates and Traffic and Commercial Apprentices will not be permissible. In Ministry of Railways letter No. It was also laid down that all such appointments should be in recruitment grades only. 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. 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.

Instructions regarding appointment on compassionate grounds have been issued from time to time. These have now been consolidated and are reproduced below for the information and guidance of all concerned. 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.

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. Persons eligible to be appointed on compassionated grounds:. The eligibility of a near relative will be subject to the following conditions:. Note B : Near relatives would normally mean a blood relation who can be considered to.

1. The Certainty and Reality of Death

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. 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 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. Grades in which appointments can be made on compassionate grounds:.


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All appointments on compassionate grounds should be made only in the recruitment grades like Office Clerks, Commercial Clerks, Assistant Station Masters, etc. 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. Authority competent to make appointments on compassionate ground:. 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.

The following should be the order of priority to be followed while making appointments on compassionate grounds:. 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. 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.

When offering appointment on compassionate grounds to a widow, son, daughter, etc. 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.

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. In terms of the instructions contained in para I iv of Ministry of Railways letter of even number dated During discussions in the meetings of the Departmental Council of the J. 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. 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. Subject: Employment on compassionate ground. 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 Subject: Employment on compassionate grounds - Fixation of initial pay. 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.


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However, attention in this connection is invited to para 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. Subject: Appointment on compassionate grounds — Cases where Railway employees are reported dead but the dead bodies could not be traced. Pursuant to discussion on this subject in the PNM meeting with the A. 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.

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. This includes his being found medically fit for such appointment. These instructions will apply to all cases in which compassionate appointments are approved by the competent authority on or after 1st April The Ministry of Railways wish to make it clear that past cases i. Subject: Appointment on compassionate grounds — Cases of wards of casual labour.

They wanted that powers to make such appointment in appropriate cases should be given to the General Managers. The power to make such appointment should not be delegated to a lower authority. The Ministry has now decided that the order of priority, as laid down in the aforesaid letter of The revised order of priority will take effect from 1st October , i.

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. Organised labour also have represented that in such cases appointment to the wife of the employee concerned should be permitted.

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:. The Ministry of Railways have now decided that where the widow cannot take up employment. This will be subject to the following conditions:. These instructions will have prospective effect.

Past cases, if any, decided otherwise, will not be reopened. Subject: Appointment on compassionate grounds — Time limit for appointment. 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. Subsequent, in December , 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.

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. The Ministry of Railways have further decided that the delegation of powers as above will be for the present be current upto 31st March The position will be reviewed some time at the beginning of A record of such cases should be kept and the number of such requests considered during the 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 In the meeting of the Departmental Council of the J.

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. The Ministry of Railways desire that these instructions should be adhered to in their proper spirit. The matter was also raised in the meeting of the Departmental Council held in March when the Staff Side urged that the said qualifications should not apply to compassionate appointments. 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:. These orders will be reviewed at the end of when in terms of para 3 viii of the letter dated Subject: Appointment on compassionate ground in the event of death of husband and wife both Railway employees.

Dying words: North Saanich woman’s appointment with death

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. Thereafter the wife Smt. The Board are requested to kindly clarify if two compassionate appointments, i. Any early decision in requested. The issue raised in your letter quoted above viz. Normally only the father is taken to be the bread-winner of the family.

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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. Subject: Appointment on compassionate grounds — Cases of wards of casual labour with temporary status who die in harness.

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. It was added however, that include cases of extreme hardship can- be considered on merits. The matter has been examined further in the light of deliberations in the said PNM meeting. Ministry of Railway s have now decided that if a casual labourer with temporary status dies in harness, i.

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.

State Of Manipur vs All Manipur Appointment Under The on 16 December,

The power to make such appointment should not be further delegated to a lower authority. These instructions will be in force for a period of two years i. The position will be reviewed at the end of Subject: Appointment on compassionate grounds—Cases of wards of casual labour who die in harness. The Ministry wish to clarify that the provisions contained in their letters of even number dated The individual case referred to in your letter cited above may be dealt with accordingly.

Subject: Appointment on compassionate grounds — Smt. Substitute Gangman, Firozepur Division. Late Shri Sunder Lal Ex. Substitute Gangman, Firozepur Division died on 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.

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. A general relaxation in this regard for widows may also be given. This has the approval of the General Manager. Subject: Appointment on compassionate grounds to the wards of Railway employees retired on medical grounds. Attention is invited to the provisions in para 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.

The Board have consider the matter and have decided that in such cases compassionate appointment would not be admissible. Subject: Appointment on compassionate grounds — Cases beyond ten years of service. 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.

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. Attention is invited to D. 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. 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, could be referred to the Railway Board with the personal approval of the General Manager, if the circumstances of the case justify special consideration.

Such cases for relaxation of time limit referred to the Board are necessarily considered on the merits of each case. 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.

Compliance with this requirement may please be ensured in all such cases referred to the Board in future. For sending proposals for appointments on compassionate grounds in relaxation of the time limit in cases of death in Harness. Particulars of Deceased Employee. Date of Birth:. Date of appointment:. Date of death:. Designation and grade of post held at the time of death:.

Particulars of Candidate for Employment. Bio-data of the candidate proposed for appointment:. When application for appointment on compassionate grounds was submitted.

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