The Right To Information Act, 2005

The Right to Information Act, 2005

India Meteorological Department

MANUAL-(XIII)

Particulars of concessions, permits or authorizations

granted by it.

∞

1. COMPASSIONATE APPOINTMENT

Objective

The objective of the scheme is to grant appointment on compassionate grounds to a dependent family member of a Government Servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the family of the Government Servant concerned from financial destitution and to help it get over the emergency.

To whom applicable

To a dependent family member –

(A) of a Government Servant who –

(a) dies 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 Servants); or

(c) is retired on medical grounds under Rule 38 of the CCS (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; or

(B) of a member of the Armed Forces who –

(a) dies during service; or

(b) is killed in action; or

Note I “DEPENDENT FAMILY MEMBER” means

(a) spouse; or

(b) son (including adopted son); or

(d) brother or sister in the case of unmarried Government Servant or member of the Armed Forces referred to in (A) or (B) of this para, who was wholly dependent on the Government Servant/member of the Armed Forces at the time of his death in harness or retirement on medical grounds, s the case may be.

Note II “GOVERNMENT SERVANT” for the purpose of these instructions means a Government Servant appointed on regular basis and not one working on daily wage or casual or apprentice or ad-hoc or contract or re-employment basis.

Note III “CONFIRMED WORK-CHARGED STAFF” will also be covered by the term ‘Government Servant’ mentioned in Note III above.

Note IV “SERVICE” includes extension in service (but not re-employment) after attaining the normal age of retirement in a civil post.

Note V “RE-EMPLOYMENT” does not include employment of ex-serviceman before the normal age of retirement in a civil post.

2. PARAMETERS FOR CONSIDERING AND ASSESSING FAMILY LIABILITIES

(i) Widow with minor children whose education is still under way.

(ii) Widow with liability of unmarried daughters.

(iii) Widow with children not minor but still studying.

(iv) Widow with sons/daughters who are already through with their education and married and settled as family in their own right.

(v) Family without any regular income/means livelihood.

(vi) Family left without meaningful movable/unmovable assets.

3. AUTHORITY COMPETENT TO MAKE COMPASSIONATE APPOINTMENT

(a) Joint Secretary in-charge of administration in the Ministry/Department concerned.

(b) Head of the Department under the Supplementary Rule 2 (10) in the case of attached and subordinate offices.

4. POSTS TO WHICH SUCH APPOINTMENTS CAN BE MADE

Group ‘C’ or Group ‘D’ post against the direct recruitment quota.

5. ELIGIBILITY

(a) The family is indigent and deserves immediate assistance for relief from financial destitution; and

(b) Applicant for compassionate appointment should be eligible and suitable for the post in all respects under the provisions of the relevant Recruitment Rules.

6. A. EXEMPTIONS

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.

B. RELAXATIONS

(a) Upper age limit could be relaxed wherever found to be necessary. The lower age limit should, however, in no case be relaxed below 18 years of age.

Note I Age eligibility shall be determined with reference to the date of application and not the date of appointment.

Note II Authority Competent to take a final decision for making compassionate appointment in a case shall be competent to grant relaxation of upper age limit also fro making such appointment.

(b) Secretary in the Ministry/ 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 condition 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.

Note In the case of an attached/ subordinate office, the Secretary in the concerned administrative Ministry/ Department shall be the Competent Authority for this purpose.

(c) In the matter of exemption from the requirement of passing the typing test those appointed on compassionate grounds to the post of Lower Division Clerk will be governed by the general orders issued in this regard:-

(i) by the CS Division of the Department of Personnel and Training if the post is included in the Central Secretariat Clerical Service; or

(ii) by the Establishment Division of the Department of Personnel and Training if the post is not included in the Central Secretariat Clerical Service.

( d) 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.

7. DETERMINATION/ AVAILABILITY OF VACANCIES

(a) Appointment on compassionate grounds should be made only on regular basis and that too only if regular vacancies meant for that purpose are available.

(b) Compassionate appointments can be made upto a maximum of 5% of vacancies falling under direct recruitment quota in any Group ‘C’ or ‘D’ post. The appointing authority may hold back upto 5% or vacancies in the aforesaid categories to be filled by direct recruitment through Staff Selection Commission or otherwise so as to fill such vacancies by appointment on compassionate grounds should be adjusted in the recruitment roster against the appropriate category viz. SC/ST/OBC/General depending upon the category to which he belongs. For example, if he belongs to SC category he will be adjusted against the SC reservation point, if he is ST/OBC he will be adjusted against ST/OBC point and if he belongs to General category he will be adjusted against the vacancy point meant for General category.

(c) While the ceiling of 5% for making compassionate appointment against regular vacancies should not be circumvented by making appointment of dependent family member of Government Servant on casual/ daily wage/ adhoc/ contract basis against regular vacancies, there is no bar to considering him for such appointment if he is eligible as per the normal rules/ orders governing such appointments.

(d) The ceiling of 5% of direct recruitment vacancies for making compassionate appointment should not be exceeded by utilizing any other vacancy e.g. sports quota vacancy.

(e) Employment under the scheme is not confined to the Ministry/ Department/ Office in which deceased/ medically retired Government Servant had been working. Such an appointment can be given anywhere under the Government of India depending upon availability of a suitable vacancy meant for the purpose of compassionate appointment.

8. BELATED REQUESTS FOR COMPASSIONATE APPOINTMENT

(a) 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 should, however, 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 would call for a great deal of circumspection. The decision to make appointment on compassionate grounds in such cases may, therefore, be taken only at the level of the Secretary of the Department/ Ministry/ concerned.

(b) Whether a request for compassionate appointment is belated or not may be decided with reference to the date of death or retirement on medical ground of a Government Servant and not the age of the applicant at the time of consideration.

9. WIDOW APPOINTED ON COMPASSIONATE GROUNDS GETTING REMARRIED

A widow appointed on compassionate grounds will be allowed to continue in service even after re-marriage.

10 WHERE THERE IS AN EARNING MEMBER

(a) In deserving cases even where there is already an earning member in the family, a dependent family member may be considered for compassionate appointment with prior approval of the Secretary of the Department/ Ministry concerned who, before approving such appointment, will satisfy himself that grant of compassionate appointment is justified having regard to number of dependents, assests 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 members of the family.

(b) In cases where any member of the family of the deceased or medically retired Government Servant is already in employment and is not supporting the other members 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.

11. MISSING GOVERNMENT SERVANT

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 a 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; and

(e) A decision on any such request for compassionate appointment should be taken only at the level of the Secretary of the Ministry/ Department concerned.

12. PROCEDURE

(a) The proforma as in Annexure may be used by Ministries / Departments/ Offices for ascertaining necessary information and processing the cases of compassionate appointment.

(b) The Welfare Officer in each Ministry/ Department/ Office should meet the members of the family of the Government Servant in question immediately after his death to advise and assist them in getting appointment on compassionate grounds. The applicant should be called in person at the 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 should be considered in the light of the instructions issued from time to time by the Department of Personnel and Training (Establishment Division) on the subject by a Committee of Officers consisting of three officers – one Chairman and two Members – of the rank of Deputy Secretary/ Director in the Ministry/ Department and officers of equivalent rank in the case of attached and subordinate offices. The Welfare Officer may also be made one of the Members/Chairman of the Committee depending upon his rank. 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 case.

(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.

13. UNDERTAKING

A person appointed on compassionate grounds under the scheme should give an under taking in writing (as in Annexure) that he/she will maintain properly the other family members who were dependent on the Government Servant/ member of the Armed Forces in question and in case it is proved subsequently (at any time) that the family members are being neglected or are not being maintained properly by him/her, his/her appointment may be terminated forthwith.

14. REQUEST FOR CHANGE IN POST/PERSON

When a person has been appointed on compassionate grounds to a particular post, the set of circumstances, which led to such appointment, should be deemed to have ceased to exist. Therefore, --

(a) he/she should strive in his/her career like his/her colleagues for future advancement and any request for appointment to any higher post on considerations of compassion should invariably be rejected.

(b) an appointment made on compassionate grounds cannot be transferred to any other person and any request for the same on considerations of compassion should invariably be rejected.

15. SENIORITY

(a) The inter-se seniority of persons appointed on compassionate grounds may be fixed with reference to their date of appointment. Their interpolation with the direct recruits/ promotees may also be made with reference to their dates of appointment without disturbing the inter-se seniority of direct recruits/promotees.

(b) Date of joining by a person appointed on compassionate grounds shall be treated as the date of his /her regular appointment.

16. GENERAL

(a) Appointment made on grounds of compassion should be done in such a way that persons appointed to the post do have the essential educational and technical qualifications and experience required for the post consistent with the requirement of maintenance of efficiency of administration.

(b) It is not the intention to restrict employment of a family member of the deceased or medically retired Group ‘C’ Government Servant to a Group ‘D’ post only. As such, a family member of such Group ‘D’ Government Servant can be appointed to Group ‘C’ post for which he/she is educationally qualified, provided a vacancy in Group ‘C’ post exists for this purpose.

(c) The scheme of compassionate appointments was conceived as far back as 1958. Since then a number of welfare measures have been introduced by the Government which have made a significant difference in the financial position of the families of the Government Servants dying in harness/ retired on medical grounds. An application for compassionate appointment should, however, not be rejected merely on the ground that the family of the Government Servant has received the benefits under the various welfare schemes. While considering a request for appointment on compassionate ground a balanced and objective assessment of the financial condition of the family has to be made taking into account its assets and liabilities (including the benefits received under the various welfare schemes mentioned above) and all other relevant factors such as the presence of an earning member, size of the family, ages of the children and the essential needs of the family, etc.

(d) Compassionate appointment should not be denied or delayed merely on the ground that there is reorganization in the Ministry/ Department/ Office. It should be made available to the person concerned it there is a vacancy meant for compassionate appointment and he or she is found eligible and suitable under the scheme.

(e) Requests for compassionate appointment consequent on death or retirement on medical grounds of Group ‘D’ staff may be considered with greater sympathy by applying relaxed standards depending on the facts and circumstances of the case.

(f) Compassionate appointment will have precedence over absorption of surplus employees and regularization of daily wage/casual workers with/ without temporary status.

(g) Any request to increase the upper age-limit of 55 years for retirement on medical grounds prescribed in para 2(A) (b) and (c) above in respect of Group ‘A’/’B’/’C’ Government Servants and to bring it at par with the upper age limit of 57 years prescribed therein for Group ‘D’ Government Servants on the ground that the age of retirement has recently (May 1998) been raised from 58 years to 60 years for Group ‘A’ / ‘B’/ ‘C’ Government Servants (which is at par with the age of retirement of 60 years applicable to Group ‘D’ Government Servants) or on any other ground should invariably be rejected so as to ensure that the benefit of compassionate appointment available under the scheme is not misused by seeking retirement on medical grounds at the fag end of one’s career and also keeping in view the fact that the higher upper age-limit of 57 years has been prescribed therein for Group ‘D’ Government Servants for the reason that they are low paid Government Servants who get meager invalid pension in comparison to others.

TIME LIMIT FOR MAKING COMPASSIONATE APPOINTMENT

Time limit for making appointment on compassionate grounds will be done with the prescribed period of two years and within the prescribed ceiling of 5% of direct recruitment quota. If on scrutiny by the Committee, a case is considered to be deserving, the name of such a person can be continued for consideration for one more year. The maximum time a person’s name can be kept under consideration for offering compassionate appointment will be three years, subject to the condition that the prescribed Committee has reviewed and certified the penurious condition of the applicant at the end of the first and 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.

Annexure

PROFORMA REGARDING EMPLOYMENT OF DEPENDENTS OF GOVERNMENT SERVANTS DYING IN SERVICE/RETIRED ON INVALID PENSION

PART A

I (a) Name of the Government Servant __________________________

(Deceased/ retired on medical grounds).

(b) Designation of the Government __________________________

Servant.

(d) Date of Birth of the Government __________________________

Servant.

(e) Date of death/retirement on medical _______________________

grounds.

(f) Total length of service rendered. _______________________

(g) Whether permanent or temporary ______________________

(h) Whether belonging to SC/ST/OBC ______________________

II (a) Name of the candidate for _________________________

Appointment.

(b) His/her relationship with the _________________________

Government Servant.

(d) Educational Qualifications __________________________

(e) Whether any other dependent family _____________________

member has been appointed on compassionate

grounds.

III Particulars of total assets left including amount of :-

(a) Family Pension _________________________

(b) D.C.R. Gratuity ________________________

(d) Life Insurance Policies _______________________

(including Postal Life Insurance)

__________________________

(e) Moveable and immovable __________________________

properties and annual income earned

there from by the family.

(f) C.G.E. Insurance Amount __________________________

(g) Encashment of Leave ________________________

(h) Any other assets __________________________

Total __________________________

IV Brief particulars of liabilities if any __________________________

__________________________

Particulars of all dependent family members of the Government Servant ( if some are employed, their income whether they are living together or separately ).

S. NO.	Name(s)	Relationship with the Government Servant	Age	Address	Employed or not (if employed particulars of employment and emoluments
1	2	3	4	5	6

DECLARATION / UNDERTAKING

1. I hereby declare that the facts given by me above are, to the best of my knowledge, correct. If any of the facts herein mentioned are found to be incorrect or false at a future date, my services may be terminated.

2. I hereby also declare that I shall maintain properly the other family members who were dependent on the Government Servant/ member of the Armed Forces mentioned against I(a) of Part-A of this form and in case it is proved at any time that the said family members are being neglected or not being properly maintained by me, may appointment may be terminated.

Date: Signature of the Candidate

Name :__________________________

Address :________________________

________________________

Shri/Smt./Kum___________________________________________ is known to me and the facts mentioned by him/her are correct.

Date: Signature of Permanent Government Servant

Name :__________________________

Address :________________________

________________________

I have verified that the facts mentioned above by the candidate are correct.

Date: Signature of the Welfare Officer

Name :__________________________

Address :________________________

________________________

Part- B

(TO BE FILLED IN BY OFFICE IN WHICH EMPLOYMENT IS PROPOSED)

(a) Name of the candidate for __________________________

appointment.

(b) His/her relationship with the __________________________

Government Servant

qualifications and experience, if any

__________________________

(d) Post for which employment is proposed ________________________

and whether it is Group ‘C’ or ‘D’.

(e) Whether there is vacancy in that post ________________________

within the ceiling of 5% prescribed

under the scheme of compassionate

appointment.

(f) Whether the post to be filled ______________________________

is included in the Central

Secretariat Clerical service or not.

(g) Whether the relevant Recruitment ___________________________

Rules provide for direct recruitment.

(h) Whether the candidate fulfils the ___________________________

requirements of the Recruitment Rules

for the post.

(i) Apart from waiver of Employment ___________________________

Exchange/Staff Selection Commission

Procedure what other relaxations are to

be given.

II. Whether the facts mentioned _____________________________

in Part A have been verified by

the office and if so, indicate

the records.

III. If the Government servant ____________________________

died/retired on medical grounds

more than 5 years back, why the

case was not sponsored earlier.

IV. Personal recommendation of the ___________________________

Head of the Department in the

Ministry/Department/ Office.

(with his signature and office

stamp/seal).

AREA WELFARE OFFICERS:

(Office Memorandums NO.B-12013/2/83-GKK dated 2^nd June, 1983 and B-12013/2/86-GKK dated 21^st April, 1986, Department of Personnel and Training)

Area Welfare Officers are appointed for residential colonies to look after the welfare of Central Government Employees and their families. The functions of the Area Welfare Officers are largely official in nature and are performed by them on honorary and voluntary basis.

Their tenure has been fixed for two years from the date of appointment. Officers desirous of being appointed as Area Welfare officer have to apply through their respective Ministries/ Departments to the Chief Welfare Officer, Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions, New Delhi. The applicants should not be or have been office bearers of any Central Government Employees’ Residents Welfare Association.

The Area Welfare officers serve as vital link between the Government and residents in various matters relating to the welfare of Government employees residing in far flung colonies. These officers are field officers and also function as coordinating officers between the local Government Departments/ Civic Authorities like CPWD, CGHS, Horticulture, Police and others in their respective areas. As per “Model Rules and Regulations” of the Central Government Employees’ Residents Welfare Associations, the Area Welfare Officer is the ex-officio patron of the Association. He is expected to provide the lead and guidance to these Welfare Associations for achieving for achieving their objectives of the promotion of socio-cultural, recreational and other welfare activities for the benefit of the Central Government employees and their families. To enable the Area Welfare Officers to discharge their responsibilities efficiently the Government has issued instructions to all the Ministries/ Departments for allowing certain facilities to these officers. They are allowed to use official stationery, service postage stamps etc. for entering into correspondence with the concerned authorities and Government servants. They are also allowed to leave office with permission for meeting various Civic/Police Authorities for solving problems of the residents.

AREA WELFARE COMMITTEES

With a view to develop a closer liaison with local Municipal/Civic Authorities and to provide immediate solution to the problems of the residents; Area Welfare Officers are required to form Area Welfare Committees in their respective areas. The different Municipal and other local authorities in the area may be represented on this Committee e.g. Medical Officer-in-charge of the CGHS Dispensary, Assistant Engineer In-Charge of the local CPWD Unit, Deputy Director of Horticulture, representatives being gazetted officers from other Municipal Bodies. The President/ Vice President/ General Secretary of the Resident Welfare Associations may also be Members of this Committee. The Chairman of such a Committee may be the senior most local officer in charge in the area and Area Welfare Officer may be the Vice-Chairman of the Committee. The Committees are required to meet periodically for considering the suggestions of the local representatives for implementation in the area.

Instructions have been issued by the Government to the concerned departments/organizations to give full co-operation to the Area Welfare Officers in their activities and also to ensure that their local representatives take active part in the activities of these Committees.

FUNCTIONS OF AREA WELFARE OFFICERS

1. To serve as a co-ordinating officer between the CGHS Dispensary and its beneficiaries regarding complaints from either side.

2. To attend to all emergency hospital work like help in expeditious hospitalization of serious cases, attending to complaints regarding hospital care etc.

3. To serve on the CGHS Area Advisory Committee for considering suggestions for the improvement of service and facilities.

4. To act as Vice-Chairman in the co-ordination committee for community hall and look to its proper functioning and improvement.

5. To act as Liaison Officer between the Ministry of Personnel and the local Associations in all matters and disputes and to mediate in election disputes at the request of the parties.

6. To investigate all cases of neighborly disputes referred to him by the Department of Personnel and furnish reports on the basis of which action is taken by the Directorate of Estates for shifting the erring party to another locality.

7. To act as Liaison Officer between the Association and Municipal authorities in all complaints regarding civic services, water, electricity, street lighting, drainage, bus service, sanitary service and vaccination and inoculation services.

8. To act as Liaison Officer with local police authorities regarding any incident in the locality involving law and order.

9. To act as Liaison Officer with Delhi Administration, Education Directorate, regarding complaints about school timing, admission etc.

10. To act as Liaison Officer between the Cooperative Consumer Stores and the beneficiaries in the area.

11. To act as Liaison Officer between the CPWD authorities and the allottees regarding complaints lodged with the CPWD Enquiry Office for their speedy disposal.

12. To keep in touch with all social service, religious and cultural bodies in the area.

13. To act as Liaison Officer with all activities of the Grih Kalyan Kendra in the area including Creches.

14. To act as Liaison Officer between the colony and in all activities of the Central Secretariat Sports Control Board.

15. To mediate in family disputes to bring about harmony in the home life in the context of Home Ministry circular for maintaining the wife reasonable comfort and matters relating to notation of monogamy.

16. To assist and cooperate in campaigns and measures such as vaccination, inoculation, blood donation, family planning etc. launched by the Ministry of Health and Family Welfare.