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ANNEXURE - I
Frequent Asked Questions on Compassionate appointment
Q.No.1: To whom the scheme for compassionate appointment is applicable? Ans. The Scheme for compassionate appointment is applicable to a dependent family member: (a) died while in service (including death by suicide); or (b) is retired on medical grounds under Rule 2 of the CCS (Medical Examination) Rules 1957 or the corresponding provision in the Central Civil Service Regulations before attaining the age of 55 years (57 years for Group’D’ Government servant); and (c) is retired on medical grounds under Rule 38 of the CCC (Pension) Rules, 1972 or the corresponding provision in the Central Civil Service Regulations before attaining the age of 55 years (57 years for Group’D’ Government servant) (Ref: Para 2 of DoPT’s O.M. dated 09.10.1998)
Q.No.2: Who includes in the dependent family member? Ans. Followings are included in the dependent family members: (a) spouse; or (b) son (including adopted son); or (c) daughter (including adopted daughter); and (d) brother or sister in the case of unmarried Government servant. (Ref: Para 2 of DoPT’s O.M. dated 09.10.1998)
Q.No.3: Who is competent authority to make compassionate appointment? Ans. Heads of Department is competent authority to make compassionate appointment under the delegated powers to them and beyond delegated powers Deputy Comptroller & Auditor General is the competent authority to make compassionate appointment. (Ref: Para 3 of DoPT’s O.M. dated 09.10.1998 and Hqrs’ circular dated 09.01.2006)
Q.No.4: Posts to which compassionate appointment can be made? Ans. Compassionate appointment can be made to the post of Group’C’ or ‘D’ posts only. (Ref: Para 4 of DoPT’s O.M. dated 09.10.1998)
Q.No. 5 What are the exemptions on compassionate appointments? Ans: Compassionate appointments are exempted from observance of the following requirements: - (a) Recruitment procedure i.e. without the agency of the Staff Selection Commission or the Employment Exchange. (b) Clearance from the Surplus Cell of the Department of Personnel and Training/Directorate General of Employment and Training. (c) The ban orders on filling up of posts issued by the Ministry of Finance (Department of Expenditure) (Ref: Para 6(A) of DoPT’s O.M. dated 09.10.1998)
Q.No.6: What are the provision regarding age relaxation in the Scheme for Compassionate appointment? Ans: Upper age limit could be relaxed whenever found to be necessary. The lower age limit should, however, in no case be relaxed below 18 years of age. Further, age eligibility shall be determined with reference to the date of application and not the date of appointment. (Ref: Para 6(B) of DoPT’s O.M. dated 09.10.1998) Q.No.7: Which authority is competent to grant age relaxation? Ans: Authority competent to take a final decision for making compassionate appointment in a case shall be competent to grant relaxation of upper age limit. (Ref: Para 6(B)(a) II of DoPT’s O.M. dated 09.10.1998)
Q.No.8: Can relaxation in the educational qualification prescribed in recruitment rules for a specific post be granted and which authority is competent to grant such relaxation? Ans: Head of Department concerned is competent to relax temporarily educational qualifications as prescribed in the relevant recruitment rules in the case of appointment at the lowest level e.g. Group ‘D’ or Lower Division Clerk post in exceptional circumstances where the conditional of the family is very hard provided there is no vacancy meant for compassionate appointment in a post for which the dependent family member in question is educationally qualified. Such relaxation will be permitted upto a period of two years beyond which no relaxation of educational qualifications will be admissible and the services of the person concerned, if still unqualified, are liable to be terminated. It is also clarified that where a widow is appointed on compassionate ground to a Group ‘D’ Post, she will be exempted from the requirement of possessing the educational qualifications prescribed in the relevant rules provided the duties of the post can be satisfactorily performed by her without possessing such educational qualifications. (Ref: Para 6(B)(b)&(d) of DoPT’s O.M. dated 09.10.1998)
Q.No.9: How vacancies for compassionate appointment are determined? Ans: The vacancies for compassionate appointment are determined upto a maximum of 5% of vacancies falling under direct recruitment quota in any Group ‘C’ or ‘D’ posts during a recruitment year. (Ref: Para 7(b) of DoPT’s O.M. dated 09.10.1998)
Q.No.10: What is the procedure for calculation of vacancies for compassionate appointment in small offices/cadres, where vacancies for appointment on compassionate grounds do not exist? Ans: In small offices/cadres grouping of posts for the purpose of calculation is allowed. Consequently, Group ‘C’/’D’ posts in which there are less than 20 direct recruitment vacancies in a recruitment year may be grouped together and out of the total number of vacancies 5% may be filled on compassionate grounds subject to the condition that appointment on compassionate grounds in any such post should not exceed one. It is also clarified that for the purpose of calculation of vacancies for compassionate appointment, fraction of vacancy either half or exceeding half but less than one may be taken as one vacancy. (Ref: DoPT’s O.M. No. 14014/24/99-Estt. (D) dated 28.12.1999)
Q.No.11: Can compassionate appointment be provided in the department unlike deceased/medically retired Government servant was working? Ans: Employment under the scheme is not confined to the Ministry/Department/Office in which deceased/medically retired Government servant had been working. Such an employment can be given anywhere under the Government of India depending upon availability of suitable vacancy meant for compassionate appointment. If sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open to administrative Ministry/Department/Office to take up the matter with other Ministries/Departments/Offices of Government of India to provide at an early date appointment on compassionate grounds to those in the waiting list. (Ref: Para 7(e)&(f) of DoPT’s O.M. dated 09.10.1998)
Q.No.12: Can a widow appointed on compassionate grounds get remarriage? Ans: A widow appointed on compassionate grounds can get remarriage and will be allowed to continue in service. (Ref: Para 9 of DoPT’S O.M. Dated 09.10.1998) Q.No. 13: Can appointment on compassionate grounds be given to the wards of deceased Government servant even where there is already an earning member in the family? Ans: In deserving cases even where there is an earning member in the family, a dependent family member may be considered for compassionate appointment with prior approval of the Dy. Comptroller and Auditor General who before approving such appointment, will satisfy himself that grant of compassionate appointment is justified having regard to number of dependents, assets and liabilities left by the Government servant, income of the earning member as also his liabilities including the fact that the earning member is residing with the family of the Government servant and whether he should not be a source of support to other member of the family. Further, in case s where any member of the family of the deceased or medically retired Government servant is already in employment and is not supporting the other member of the family of the Government servant, extreme caution has to be observed in ascertaining the economic distress of the members of the family of the Government servant so that the facility of appointment on compassionate ground is not circumvented and misused by putting forward the ground that the member of the family already employed is not supporting the family. (Ref: Para 10(a) & (b) of DoPT’s O.M. Dated 09.10.1998)
Q.No. 14: Whether the Scheme for Compassionate Appointment is applicable in the case of missing Government servant? Ans: Cases of missing Government servants are also covered under the Scheme for Compassionate Appointment subject to the following conditions: (a) A request to grant the benefit of compassionate appointment can be considered only after a lapse of at least 2 years from the date from which the Government servant has been missing, provided that: (i) an FIR to this effect has been lodged with the police, (ii) the missing person is not traceable, and (iii) the competent authority feels that the case is genuine; (b) This benefit will not be applicable to the case of Government servant: - (i) Who had less than two years to retire on the date from which he has been missing; or (ii) Who is suspected to have committed fraud, or suspected to have joined any terrorist organization or suspected to have gone abroad. (c) Compassionate appointment in the case of a missing Government servant also would not be a matter of right as in the case of others and it will be subject to fulfillment of all the conditions, including the availability of vacancy, laid down for such appointment under the scheme; (d) While considering such a request, the results of the Police investigation should also be taken into account. (Ref: Para 11(a) to (d) of of DoPT’S O.M. Dated 09.10.1998)
Q.No. 15: Who is competent authority to take decision for compassionate appointment in the case of missing Government servant? Ans: In Indian Audit and Accounts Department competent authority to take decision for compassionate appointment in the case of missing Government servant is Deputy Comptroller and Auditor General. (Ref: Para 11 (e) of DoPT’S O.M. Dated 09.10.1998)
Q.No.16: What is the prescribed procedure for processing the compassionate appointment cases? Ans: The prescribed procedure for processing the compassionate appointment cases is as below: (a) The proforma (part ‘A’ & ‘B’) as given in Annexure to DoPT’s O.M. dated 09.10.1998 may be used by field offices for ascertaining necessary information and processing the cases of compassionate appointment. (b) The welfare officer in each field office should meet the members of the family of the Government servant in question immediately after his death to advice and assist them in getting appointment on compassionate grounds. The applicant should be called in person at very first stage and advised in person about the requirements and formalities to be completed by him. (c) An application for appointment on compassionate grounds be considered in the light of the instructions issued from time to time by the Department of Personnel and Training (Estt. Division) on the subject by a committee of officers consisting of three officers –one Chairman and two Members of the rank of Sr. Dy. Accountant General. The Welfare Officer of field offices of IA&AD may not be made one of the Members of the committee. The committee may meet during the second week of every month to consider cases received during the previous month. The applicant may also be granted personal hearing by the committee, if necessary, for better appreciation of the facts of the cases. (d) Recommendation of the committee should be placed before the competent authority for a decision. If the competent authority disagrees with the committee’s recommendation, the case may be referred to the next higher authority for a decision. (Ref: Para 12 of DoPT’s O.M. dated 09.10.1998)
Q.No.17: What is the time limit for making compassionate appointment? Ans: The maximum time a period can be kept under consideration for offering Compassionate Appointment will be three years, subject to the condition that prescribed Committee has reviewed and certified the penurious condition of the applicant at the end of first and the second year. After three years, if compassionate appointment is not possible to be offered to the applicant, his case will be finally closed, and will not be considered again. (Ref: DoPT’s O.M. No. 14014/19/2002-Estt (D) dated 05.05.2003)
Q.No.18: Can services of Government servant appointed on compassionate ground be terminated on non-compliance of the condition(s) of offer of appointment? Ans: The services of Government servant appointed on compassionate grounds can be terminated on non-compliance of any condition stated in the offer of appointment after providing an opportunity to the compassionate appointee by way of issue of show cause notice asking him/her to explain why his /her services should not be terminated for non compliance of condition(s) in the offer of appointment and it is not necessary to follow the procedure prescribed in the Disciplinary Rules/Temporary Service Rules for this purpose. (Ref: DoPT’s O.M. No.14014/19/2000-Estt (D) dated 24.11.2000)
ANNEXURE - 2
Frequent Asked Questions on Unilateral/Mutual Transfer
Q.No.1: Is unilateral transfer scheme in force in Indian Audit & Accounts Department? Ans: The unilateral transfer scheme is not in force in Indian Audit & Accounts Department as the scheme in all cases within Indian Audit & Accounts Department and from Ministries / Departments to IA&AD has since been dispensed with vide Headquarters circular No.24-NGE/97 issued under letter No. 1005-N (App)/24-97 dated 27.08.1997.
Q.No.2: Whether mutual transfer is allowed in Indian Audit & Accounts Department? Ans: The mutual transfers within the same stream (i.e. from one Audit Office to another and from one Accounts & Entitlement office to another) of offices for non-promotional posts i.e. cadres where vacancies are filled by direct recruitment are allowed. (Ref: Hdqrs’ circular letter No. 1942-N.3/44-84/Zone-3/Vol.1 dated 03.05. 1985)
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