Appointment on Compassionate Grounds

Master Circular No. 16

Government Of IndiaMinistry of Railways

Developed by West Central Railway

MASTER CIRCULAR NO. 16

COMPENDIUM ON APPOINTMENT ON COMPASSIONATEGROUNDS

S. N Particulars1. Circumstances in which compassionate appointments may be made

i - When Railway servants die or become medically unfit in the course ofdutyii - When Railway servant dies in harness while in service

iii - When Railway servant is missing

iv- When a Railway servant is medically unfit or suffers from cancer, heart

disease etc and no alternative job of the same emoluments can beoffered.

v - When a Railway servant becomes medically unfit and chooses to retire.vi - Handicapped wards of railway employees on compassionate grounds

vii - Compassionate Appointment to the Wife of the Railway Servant.viii - Compassionate Appointment to the Husband of the Railway Servant.

ix - Compassionate Appointment to the Ward, when both the parents areRailway Servants.x - Compassionate Appointment on attaining majority by the ward.

2 Cases where compassionate appointments would not be admissible.3. Persons eligible to be appointed on compassionate grounds

a - Near relativeb - Adopted sons and adopted daughters

4. Person outside the purview of eligible persons5. Time limit for making compassionate appointments

a - General Managers Power To Relax Time-bound Cases.b - Cases older than 10 years And Railway Boards Authority

6. Qualification and Conditions For Compassionate Appointmenta - Age and Educational Qualificationsb - Relaxation In Educational Qualification

c - Categories Where The Educational Qualification Of Widows Not to BeInsisted Upon.7. Grades in which appointments can be made on compassionate grounds8. Procedure to be followed before making compassionate appointments9. Authority competent to make appointments on compassionate grounds10. Priorities to be observed in making appointments on compassionate grounds11. Compassionate appointments of the ward/widow of casual labour12. Other Conditions13. Relaxation14. General

Subject Letter No. DateAppointment On Compassionate Grounds Procedure To Deal With The Cases. E (NG) III/78/RC-1/1 30.04.1979

Appointment On Compassionate Grounds Power To Relax The Lower Age Limit UptoOne Year

E (NG) III/79/RC-1/47 29.11.1979

Appointment On Compassionate Grounds ToNear Relative E (NG) III/78/RC-1/1 25.08.1980

Employment On Compassionate Grounds -Clarification And Boards Decision E (NG) III/78/RC-l/l 03.02.1981

Appointment On Compassionate Grounds ToThe Wards/Wives Of Missing Staff E (NG) II/81/RC-1/251 06.02.1982

Compassionate Appointment To Group CPosts Standard Of Educational Qualifications E (NG) II/81/RSC-25 06.05.1982

Appointment On Compassionate Grounds Missing Railway Employees E (NG) II/81/RC-1/251 24.05.1982

Direct Recruitment In Intermediate Grades Appointment On Compassionate Grounds E (NG) II/82/RC-1/108 18.09.1982

Appointment On Compassionate Grounds ToThe Husbands Of Deceased Female RailwayServants

E (NG) II/82/RC-1/213 17.01.1983

Consolidated Instructions On Appointment OnCompassionate Grounds E (NG) III/78/RC-1/1 07.04.1983

Delegation Of Power To General Managers ToAppointment On Compassionate Grounds OfThe Wards Of Gazetted Railway Servants

E (NG) III/78/RC-1/1 27.05.1983

Employment On Compassionate Grounds ToWards Of Medically Decategorised Staff ForWhom No Alternative Job With The SameEmoluments Can Be Offered.

E (NG) III/78/RC-1/1 03.09.1983

Clarification - Persons Already Employed InThe Railways Should Not Be OfferedAppointment On Compassionate Grounds ToAnother Post In A Higher Grade.

E (NG) II/83/RC-1/77 08.09.1983

Employment On Compassionate Grounds ToWards Of Medically Decategorised Staff WhoChooses To Retire.

E (NG) III/78/RC-1/1 28.09.1983

Employment On Compassionate Grounds -Fixation Of Initial Pay E (NG) II/83/RC-1/68 07.12.1983

Appointment On Compassionate Grounds Cases Where Railway Employees Are ReportedDead But The Dead Bodies Could Not BeTraced

E (NG) II/81/RC-1/25l 27.12.1983

Appointment On Compassionate Grounds InGroup C Posts

E (NG) II//84/RC-1/1Policy 31.03.1984

Subject Letter No. DateAppointment On Compassionate Grounds Cases Of Wards Of Casual Labour E (NG) II/84CL/28 04.05.1984

Order Of Priority For Making Appointments OnCompassionate Grounds E (NG) II/84/RC-1/51 19.09.1984

Employment On Compassionate Grounds ToWards Of Medically Decategorised Staff WhoChooses To Retire.

E (NG) II/84/RC-1/105 16.11.1984

Appointment On Compassionate Grounds Clarification On Eligible Wards Of RailwayServants.

E (NG) II/84/RC- I/172 01.03.1985

Appointment On Compassionate Grounds Time Limit For Appointment E (NG) II/84/RC-1/26 18.04.1985

Procedure To Deal With Cases Of AppointmentOn Compassionate Grounds Sympathetically. E (NG) II/84/RC-1/174 25.06.1985

Appointment On Compassionate Grounds InGroup D Posts Minimum EducationalQualifications

E (NG) II/86/RC-1/1Policy 25.03.1986

Appointment On Compassionate Grounds InThe Event Of Death Of Husband And Wife(Both Railways Employees).

E (NG) II/86/RC-1/1/Policy

31.10.1986

RBE. 214/86Appointment On Compassionate Grounds Cases Of Wards Of Casual Labour WithTemporary Status Who Die In Harness

E (NG) II/84/CL/2831.12.1986

RBE. 256/86Appointment On Compassionate GroundsCases Of Wards Of Casual Labour Who Die InHarness

E (NG) II/84/CL/28 13.03.1987

Appointment On Compassionate Grounds ToThe Wards Of Railway Employees Retired OnMedical Grounds

E (NG) II/86/RC-1/2024.06.1987

RBE. 165/87Appointment On Compassionate Grounds Cases Beyond Ten Years Of Service E (NG) II/87/RC-1/57

21.08.1987RBE. 218/87

Appointment On Compassionate Grounds Case Of Appointment Of The Brother-In-LawOf A Deceased Employee

E (NG) II/87/RC-1/152 19.10.1987

Appointment On Compassionate Grounds Proforma For Sending Proposals Relating ToRelaxation Of Time Limit In Cases Of Death InHarness

E (NG) II/87/RC-1/14319.04.1988

RBE. 80/88

Appointment On Compassionate Grounds Relaxation Of Time Limit E (NG) II/84/RC-1/26 21.04.1988

Appointment Of Adopted Sons/Daughters OnCompassionate Grounds

E (NG) II/86/RC-1/1Policy

20.05.1988RBE. 106/88

Relaxation Of Minimum EducationalQualification For Appointment OnCompassionate Grounds

E (NG) II/80/RC-1/4(KW)

22.02.1989

RBE. 56/89

Subject Letter No. DateAppointment On Compassionate Grounds InRelaxation Of Rules Of Time Limit In Cases OfDeath In Harness.

E (NG) II/87/RC-1/14328.04.1989

RBE. 115/89Appointment On Compassionate Grounds Relaxation Of Time Limit E (NG) II/84/RC-1/26

03.05.1989RBE. 118/89

Appointment On Compassionate GroundsMode Of Suitability Test And Selection OfPosts To Be Offered.


02.11.1989RBE 274/89

Appointment On Compassionate GroundsCases Of Wards Of Casual Labour WithTemporary Status Who Die In Harness

E (NG) II/84/CL/28 06.12.1989

Appointment On Compassionate Grounds Near Relatives.


12.02.1990RBE 28/90

Appointment On Compassionate Grounds ToThe Post Of C.G.-I E (NG) II/88/RC-1/141

08.03.1990RBE 46/90

Appointment On Compassionate Grounds Time Limit For Appointment E (NG) II/84/RC-1/26

18.04.1990RBE 68/90

Appointment On Compassionate Grounds Proforma For Sending Proposals To RailwayBoard

E (NG) II/87/RC-1/143 07.08.1990

Powers To Make Appointments OnCompassionate Grounds Delegation OfPowers


06.02.1991RBE 30/91

Employment On Compassionate Grounds ToThe Eligible Wards Of MedicallyDecategorised Staff

E (NG) II/90/RC-143 25.02.1991RBE 37/91

Appointment On Compassionate GroundsRegarding Suitability Test And Eligibility OfNear Relatives

E (NG) II/88/RC-1/1 16.05.1991RBE 102/91

Grant Of Various Benefits To The Families OfRailway Employees Killed In Firing By AGang Of Extremists At Qabarwala Station27.08.1989 Appointment On CompassionateGrounds

E (NG) II/91 RC-1/20 18.06.1991RBE 114/91

Appointment On Compassionate Grounds Clarifications Regarding Eligible CandidatesAnd Time Limit.

E (NG) II/91/RC-1/65 07.08.1991RBE 143/93

Appointment On Compassionate GroundsIdentification Of Suitable Additional Jobs ForWomen

E (NG) II/90/RC-1/90 06.09.1991RBE 160/91

Appointment On Compassionate Grounds Cases Of Second Window And Her Wards.SC No. 5 To MC. No. 16

E (NG) II/91/RC-1/136 02.01.1992RBE 01/92

Compassionate Grounds Appt. - Relaxation OfTime Limit. SC No. 6 To MC No. 16 E (NG) II/84/RC-1/26

15.06.1992RBE 96/92

Subject Letter No. DateAppointment On Compassionate Grounds Minimum Educational Qualification

E (NG) II/91/RC-1/117(MC)

30.09.92RBE 164/92

Appointment On Compassionate Grounds Change Of Category E (NG) II/92/RC-1/117

24.11.199RBE 199/92

Appointment On Compassionate Grounds Case Of Widow/Wards Of Substitutes Who DieIn Service

E (NG) II/93/SB/5 07.10.1993RBE 14794

Appointment On Compassionate Grounds -Typing Skills For The Persons Appointed InThe Ministerial Cadre. SC. No. 11 To MC. No.16

E (NG) II/94/RC-1/35 20.05.1994RBE 40/94

Appointment On Compassionate GroundsRelaxation Of Time Limit/Criteria E (NG) II/93/RC-1/157

17.06.1994RBE 47/94

Appointment On Compassionate Grounds Delegation Of Powers To Relax Time Limit.SC No. 12 To M.C. No. 16

E (NG) II/84/RC-1/26 02.08.1994RBE 64/94

Appointment On Compassionate Grounds Time Limit For Appointment.SC No. 12 To MC No.16

E (NG) II/84/RC-1/26 21.11.1994RBE 100/94

Proper Guidance To Be Given To TheFamilies/Applicants Regarding The FormalitiesTo Be Completed For CompassionateAppointment. S.C. No. 13 To MC No.16

E (NG) II/92RC-1/112 22.11.1994RBE 101/94

MASTER CIRCULAR NO. 16

COMPENDIUM ON APPOINTMENT ON COMPASSIONATEGROUNDS

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 arescattered in a number of office circulars/orders issued from time to time. The question ofconsolidation of these existing Orders/Circulars into one Master Circular has been underthe consideration of the Ministry of Railways, Railway Board. They have now decided toissue a consolidated order on the subject of appointments on compassionate grounds asbelow for the information and guidance of all concerned.

I. Circumstances in which compassionate appointments may be made:

Appointments on compassionate grounds relate to the appointments made ofdependents of Railway servants who lose their lives in the course of duty or die inharness otherwise while in service or are medically incapacitated/decategorised. Thecircumstances in which appointments on compassionate grounds may be made are asbelow:

(i) When Railway servants lose their lives in the course of duty or get socrippled that they cannot do any work (this also in the course of duty, forexample, loco and traffic running staff in charge of trains involved inaccidents),

(ii) When Railway employees die in harness while in service, beforeretirement.

(iii) When an employees whereabouts are not known for a period of sevenyears and the settlement dues of the employees are or are not paid to thefamily on this account. This limit of seven years may be relaxed to threeyears on the merits of each case with the approval of the General Manager,subject to the condition that the services of the person appointed oncompassionate grounds would be terminated in case the missing employeeis traced subsequently. Compassionate appointments in such cases may bedelinked from the payment of settlement dues. In other words,compassionate appointments in such cases may not be denied or deferredonly on the ground that settlement dues of missing employees are still tobe 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 developserious ailments like heart disease, cancer, etc. or otherwise medicallydecategorised for the job they are holding and no alternative job of thesame emoluments can be offered to them.

(v) Where, on being medically decategorised, a Railway employee is offeredalternative employment on the same emoluments, and requests forcompassionate appointment, provided that if he has less than three years ofservice at the time of decategorisation, personal approval of the GeneralManager is to be obtained before the compassionate appointment is made.

(vi) For appointment of handicapped wards of railway employees oncompassionate grounds, registration with special employment exchangesis not necessary and if the candidate claims physical handicap, this may beverified/established based on the general criteria circulated vide Annexureto Boards letter No. E (NG) III/77/RC-1/54 dated 08.01.1978 throughcompetent 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 ordecategorised and retires from service and if compassionate appointmentis otherwise permissible, such appointments may be offered also to thewife of the Railway servant subject to the following conditions:

(a) Either the employee has no son or daughter or the son or daughteris a minor at the time the request for appointment is made.

(b) In such cases the appointment will be approved personally by theChief Personnel Officer; and

(c) The Railway Administration has no practical difficulty in offeringappointment in a post for which the candidate is eligible andsuitable.

[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 railwayemployee on compassionate grounds in the circumstances in which suchappointments 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. Inthe event of both wife and husband are Railway Employees, on account ofdeath of the husband employment is permissible to a ward but not onaccount 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 thecase for appointment on compassionate grounds open to enableconsideration of appointment of a minor son when he attains majority,even though at the time of occurrence of the event making compassionateappointment permissible, there is a daughter who has attained majorityand/or a major son who is already employed. This will be subject to thefollowing conditions:

(a) The minor son to be appointed will be attaining majority of agewithin a period of five years of the event of death which is thebasis for appointment on compassionate grounds.

(b) Where there is more than one minor son, it is only the eldest minorson who should be considered for appointment when he attainsmajority and not any of the minor sons.

(c) Further in such cases, the competent authority should be satisfiedabout the bona fides of the request of the widow or if there is nosurviving widow, of the family, that appointment should be givento a minor son (when he attains majority) instead of a daughter oran 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 ofpara 512 (ii) of the Medical Manual and is retired from railway service,compassionate appointment to the ward of such a Railway servant wouldnot be admissible.

(b) In all cases of persons being declared unfit on account of malingering,medical unfitness papers should invariably carry an endorsement that hewas declared unfit under para 512 (ii) of the Indian Railway MedicalManual.

[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 AccountsAssistants, the Railway Administrations should invariably include a clausein the relevant appointment letter about passing Appendix II Examinationwithin three years as per normal rules, failing which the person soappointed 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 oncompassionate grounds in the circumstances in which such appointments are permissible.Where the widow cannot take up employment and the sons/daughters arc minor, the casemay be kept pending till the first son/daughter becomes a major i.e. attains the age of 18years, subject to time limits as provided under Para (V) of the Circular. The benefit ofcompassionate appointments may also be extended to a near relative/adoptedson/daughter. The eligibility of a near relative/adopted son/daughter to suchappointments will be subject to the following conditions:

(a) Near relative:

(i) Such appointment is not permissible where the railway employeewho has died in harness has left behind only the widow, with noson/daughter to be supported by her.

(ii) The son or daughter of the employee or ex-employee is a minor oneand the widow cannot take up employment.

(iii) A clear certificate should be forthcoming from the widow that thenear relative will act as the bread-winner of the family.

(iv) If the family certifies at a later date that the near relative, whowas appointed on compassionate grounds, refuses to support thefamily, the services of that employee are liable to be terminated

(v) Once a near relative is appointed on compassionate grounds, nofurther appointment shall be given later to a son, or daughter or thewidow of the employee, on compassionate grounds.

(vi) The appointment of the near relative shall not be considered, if ason or daughter, or the widow herself is already working and isearning.

A blood relation who is considered to be a bread-winner of the family can be consideredas 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 dated12.02.1990]

(b) Adopted sons and adopted daughters

(i) There is satisfactory proof of adoption valid legally;

(ii) The adoption is legally recognised under the personal lawgoverning the Railway servant;

(iii) The legal adoption process has been completed and has becomevalid before the date of death/medical decategorisation medicalincapacitation (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 (wifes brother) would not come within the categories of personseligible for compassionate appointment. Similarly a son-in-law also is not eligiblefor 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 dated03.02.1981]

V. Time limit for making compassionate appointments:

(a) Normally all appointments on compassionate grounds should be madewithin a period of five years from the date of occurrence of the evententitling the eligible person to be appointed on this ground. This period offive years may be relaxed by the General Manager, subject to thefollowing 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 fromthe date of death.

(iii) The widow of the deceased employee should not have remarried.

(iv) The benefit of compassionate appointment should not have beengiven at any time to any other member of the family or to a nearrelative of the deceased employee.

(v) The circumstances of the case should be such as to warrantrelaxation 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 beenreceived by the Railway Administration as soon as the son/daughter to be considered for compassionate appointment hasbecome 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 wheredeath took place between 5-10 years back but the conditions stipulated inpara V (a) above are not fulfilled, a compassionate appointment is notwithin the competency of the General Manager except in the case of lossof life in course of duty or getting crippled in the course of duty. However,in such cases, if compassionate appointment is otherwise admissible and ifafter careful examination of the case it is found that there are specialfeatures or circumstances justifying relaxation of time limit as alsocriteria, the cases could be considered by the Railway Administration forapproaching the Railway Board for relaxation of as a special case. Such areference to the Railway Board should be made by the RailwayAdministration only with the personal approval of the General Manager.

[No. E (NG) II/87/RC-1/57 dated 21.08.1987]

VI. Qualification and conditions to be fulfilled:

(a) Normally the persons seeking appointment on compassionate groundsshould fulfil the conditions of eligibility regarding age and educationalqualifications 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 inGovernment may also be relaxed upto one year with the personal approvalof the General Manager. Relaxation of the lower age limit beyond oneyear will require the approval of the Ministry of Railways. In makingappointments on compassionate grounds, Divisional Railway Managersmay 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 shouldnot be relaxed. However, if on the merits of an individual case, theGeneral Manager feels that such a relaxation of the minimum educationalqualifications is absolutely necessary, such cases may be referred to theMinistry of Railways. The Railway Board will consider these cases onmerits subject to the stipulation that the candidate shall acquire therequisite qualification within a prescribed time limit. Such case will carrythe following stipulations, in the offer of appointment:

(i) The period to be allowed for acquiring the qualification will be twoyears.

(ii) Such a person will not be confirmed in service till he acquires thequalification.

(iii) He will not be eligible for promotion till such time he acquires thequalification.

(iv) If any junior is promoted before the senior compassionate ap-pointee acquires the qualification, such promotion of the juniorwill be treated as regular. In other words, the compassionateappointee will lose seniority in the higher grade to such of hisjuniors as may have been promoted to the next higher grade, beforehe 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 forcompassionate appointments for widows, the minimum educational qualificationsprescribed 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 apercentage of vacancies of Office Peons may be reserved for them.

[No. E (NG) II/86/RC-1/1 Policy dated 25.03.1986]

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

(a) In regard to appointments on compassionate grounds to the categories ofAssistant Station Masters, Guards, Senior Clerks, Enquiry-cum-Reservation Clerks etc., the minimum qualifications of University Degreeshould 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 therecruitment grades like office clerks, commercial clerks, Assistant StationMasters, etc. No appointment should be made on compassionate groundsin an intermediate grade i.e. one, which is filled purely by promotion.Appointments on Compassionate grounds are also not normallypermissible in the category of Traffic Apprentices/CommercialApprentices (Grade Rs. 1600-2660) and Engineering GraduateApprentices (Grade Rs. 2000-3200) because direct recruitment in thesegrades is proportionately very limited.

(c) However, if in any rare and exceptional case, where the circum-stances are particularly distressing and fixation of pay at a higherstage than that normally admissible under the Rules is consideredjustified, the Railway may approach Railway Board giving fulldetails in the prescribed proforma for approval. In no case shouldpay be fixed at any higher stage in such case without Boards priorapproval.

[No. E (NG) II/83/RC-1/68 dated 07.12.1983]

VIII. Procedure to be followed before making compassionate appointments:

(a) The candidates applying for appointments on compassionate groundsshould be subjected to suitability test by a committee of three Senior ScaleOfficers one of whom should be a Personnel Officer. The suitability ofthose proposed to be appointed on compassionate grounds should beproperly assessed by a strict test. In case the candidate has the necessaryminimum qualifications for employment in a Group C post, hissuitability for all types of Group C posts in the order of suitability,should be judged and recorded by the screening committee, which shouldalso clearly indicate the categories for which the candidate has not beenconsidered suitable. Final offer of appointment will, however, be subjectto 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 beappointed on a Group D post only. If such a ward possesses the requiredqualification prescribed for Group C posts and is also adjudged suitablefor the post, he should be considered for such Group C posts.

[No. E (NG) II/84/RC-1/174 dated 25.06.1985]

IX. Authority competent to make appointments on compassionate grounds:

The power to make compassionate appointments is vested in the GeneralManager. The General Manager may, however, redelegate this power to the DivisionalRailway Manager and also to Heads of Extra Divisional Units, who are in Level-1 subjectto 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 bythe Chief Personnel Officer in consultation with the Heads of Departments concerned. Inthe cases of Group D posts the powers to make such appointments should be delegatedto 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 ofdependents of Gazetted Officers on compassionate grounds provided the appointmentsare made in the recruitment grades viz. Office Clerk, Ticket Collectors, CommercialClerks, etc. etc.


X. Priorities to be observed in making appointments on compassionate grounds:

(a) The following should be the order of priority to be followed while makingappointments on compassionate grounds:

(i) Dependents of employees who die or are permanently crippled inthe course of duty.

(ii) Dependents of employees who die in harness as a result of Railwayor other accidents when off duty.

(iii) Dependents of employees who:

(a) Die in service or are totally incapacitated while in serviceirrespective of the period of service left to reach the age ofsuperannuation or of earning retirement benefits in full, or

(b) Are medically decategorised with less than 30 years ofqualifying service for pensionary benefits/30 years of serv-ice for SC to PF.

(iv) Dependents of employees who are medically decategorised with 30years or more of qualifying service for pensionary benefits/30years 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 bemaintained in each office, for the categories indicated above, the date ofpriority being from the date of eligibility. All appointments should bemade strictly in this order. Where, for any special reasons, it is feltnecessary to depart from the priority list, the sanction of the next higherauthority (Chief Personnel Officer for appointments to Group C posts)must be obtained giving details for ignoring the priority and the list ofpersons being put back in priority list. Such cases should, however, berare.

(c) Where a candidate for compassionate appointment is eligible and is alsoadjudged suitable for a post in Group C but for want of a vacancy inGroup C, he is offered appointment in Group D, which he accepts, hiscase may be considered for appointment in a Group C post as soon assuitable vacancy arises therein. Such a candidate will have preference forappointment in a vacancy in Group C occurring later, over a candidate inthe same priority group, found suitable for such a post at any subsequentdate under the same approving authority. In such cases, a specific record,with the approval of the competent authority should be kept to the effectthat the candidate was selected for a Group C post but appointed to aGroup D post for want of a vacancy in Group C because the candidateneeds employment immediately and that he will be considered for avacancy in Group C as early as possible when a vacancy arises thereinsubject to his being found medically fit for the post for which he isconsidered.

(d) A time limit of one month should be observed within which appointmentsshould be given in priority (i) cases and three months in cases relating topriority (ii), (iii) and (iv) subject to vacancies being available.


XI. Compassionate appointments of the ward/widow of casual labour:

(a) The General Managers have powers to consider and decide requests forappointment on compassionate grounds of the wards/ widow of a casuallabour who dies due to accident while on duty provided the casuallabourer concerned is eligible for compensation under the WorkmensCompensation 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 casuallabourer with temporary status at the discretion of the General Manager.

(c) This power should be exercised by the General Manager personally andshould not be delegated to any authority. This power should be exercisedjudiciously keeping in view the particular need to contain the total casuallabour 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 isalready working; but in no case should there be more than oneappointment against one death/medical incapacitation. For example, itshould not be permitted where the family wants another son or daughter tobe employed in lieu or in addition to an appointment already made oncompassionate 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/gradeis subsequently permissible, subject to the provisions in para X (c) above.

[No. E (NG)/III/78/RC-1/1 dated 07.04.1983]

XIII. Relaxation:

Wherever any deviation from the above provisions is sough to be made inindividual cases of merit, the prior approval of the Ministry of Railways should beobtained and in such cases, personal approval of the General Manager should beindicated in the references. Detailed particulars are to be furnished in the prescribedproforma.

[No. E (NG)/II/87/RC-1/143 dated 19.04.88 & 07.08.1990]XIV. General:

(a) While referring to this circular, the original letters referred to hereinshould be read for a proper appreciation. This circular is only aconsolidation of the instructions issued so far and should not be treated assubstitution to the originals. In case of doubt, the original circular shouldbe relied upon as authority.

(b) The instructions contained in the original circulars referred to have onlyprospective effect from the date of issue unless specifically indicatedotherwise in the concerned circulars. For dealing with old cases, theinstructions 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 beentaken into consideration while preparing this consolidated letter, the saidcircular, which has been missed through oversight, should be treated asvalid and operative. Such a missing circular, if any, may be brought to thenotice 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 ofRailways have decided that cases for appointment on compassionate grounds should bedealt with keeping the following instructions in view:

(1) Dependent relatives of those Railway employees who lose their lives inthe course of duty or get so crippled that they cannot do any work (thisalso in the course of duty) e.g. loco and traffic running staff in charge oftrains involved in accidents should be compensated for the loss of theirsupport by offering them appointment. The definition of dependent for thispurpose will be the same as for Pass Rules. Where no such dependent withnecessary qualifications for employment is available, appointment may beoffered under the personal orders of the GM, to a nephew or anotherrelative who can be expected to function as the bread-winner of thefamily.

(2) Appointments on compassionate grounds can also be made in the case ofstaff who dies in harness but in such cases it should be restricted to ason/daughter/widow of the employees. Where the widow cannot take upemployment and the sons/daughters are minor, the case may be keptpending till the first son/daughter becomes a major i.e. attains the age of18. Such cases should be kept pending only for 5 years after which theclaim will lapse. However, in cases coming under priority (4) (i) below, ifan appointment could not be made within five years due to the son/daughter being minor, the GM may personally authorise relaxation of the5 years limit in deserving cases.

(3) The appointments on compassionate grounds may also be offered in caseswhere the employees while in service become crippled, develop seriousailments like heart diseases, cancer, etc. or otherwise become medicallydecategorised for the job they are holding. If no alternative job with thesame emoluments can be offered to them, one son/daughter should beeligible for compassionate appointment if such an employee opts to retire.

(4) The following should be order of priority to be followed while offeringappointment on compassionate grounds:

(i) Dependents of employees who die or are permanently crippled inthe course of duty;

(ii) Dependents of employees who die in harness as a result of Railwayaccidents when off duty; and

(iii) Dependents of employees who die in service or are medicallyincapacitated.

(5) When offering appointment on compassionate grounds to a widow, son ordaughter, it need not be checked up whether another son/daughter isalready working. But there should in no case be more than oneappointment against one death/medical incapacitation, e.g., it should notbe permitted that after one appointment is made, later the family wantsthat another son/ daughter be employed in lieu or in addition.

(6) A time limit of one month should be observed within which appointmentsshould be given in priority (i) cases and three months for cases relating topriority (ii) and (iii) laid down in para (4) above subject to a position beingavailable.

(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 befreely relaxed on the merits of the cases. However, educationalqualification required for the post to be offered should not in any case berelaxed. Wherever the GM feels such a relaxation is absolutely necessarysuch cases should be referred to the Ministry of Railways.

(9) The power to make appointments on compassionate grounds is to beexercised only in recruitment grades. No appointment should be made inan intermediate grade i.e. one which is filled purely by promotion.

(10) As the minimum educational qualifications are to be insisted upon in eachand every case, there is no need to hold a written test and/or interview toassess the suitability of the candidate proposed to be appointed oncompassionate grounds.

(11) The candidates who are to be offered appointments may be appointed onsubmission of character certificates from two Gazetted Officers.

(12) In the cases of appointment of Group C posts the powers may be exercisedby the CPOs in consultation with the Head of Department concerned. Inthe case of Group D posts the powers to make such appointments shouldbe delegated to the Divisional Superintendents/Divisional RailwayManagers. Statistics of such appointments offered or denied should bemaintained by the Headquarters office.

(13) In case any other deviation from the above instructions is considerednecessary in any particular case, the same should be obtained from theMinistry of Railways before any offer of appointment is made.

(14) For proper enforcement of priorities separate priority lists be maintainedon each unit as per para 4, the date of priority being from the date ofeligibility and all appointments be made strictly in this order. Where forany special reasons there is a case for overlooking the priority list,sanction of next higher authority (CPO for appointments to Group D postsand GM in case of appointments to Group C posts) must be obtainedgiving details for ignoring-the priority and the list of persons beingoverlooked. Such cases should be rare.

2.

Subject: Appointment on compassionate grounds.

Reference: Boards 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 Boardspermission for relaxation of the lower age limit by a few months in individual casesbecause of the immediate need for providing employment assistance and waiting till theson or daughter attains the age of 18 will mean considerable hardships to the family. Ithas been decided that in deserving cases the General Managers with their personalapproval may accord relaxation in the lower age limit upto one year. Subject to otherconditions applicable as per rules regarding counting of service as minor for retirementbenefits, etc.

3.

Subject: Appointment on compassionate grounds.[No. E (NG) III/78/RC1/1, dated 25.08.1980]

Reference is invited to Boards letter of even number dated 30.04.1979, asamplified further, in regard to appointment on compassionate grounds. In partialmodification of the instructions issued earlier, the Ministry of Railways have sincedecided that the benefit of compassionate appointment should be extended to nearrelative in cases where compassionate appointments arc held to be justified. Theeligibility 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 theson or daughter is a minor one and the widow cannot take up anemployment.

(ii) A clear certificate should be forthcoming from the widow that the nearrelative will act as the bread-winner of the family.

(iii) If the family certifies at a later date that the near relative, who wasappointed on compassionate grounds, refuses to support the family, theservices of that employee will be liable to be terminated.

(iv) Once a near relative is appointed on compassionate grounds, no furtherappointment should be given later to a son or a daughter or the widow ofthe employee on compassionate grounds.

(v) The appointment of the near relative should not be considered, if a sonor a daughter or the widow is already working and is earning.

4.

Subject: Employment on compassionate grounds.[No. E (NG) III/78/RC-1/1 dated 03.02.1981]

In implementing Boards instructions contained in their letter of even numberdated 30.04.1979 the following clarifications have been sought. Boards clarifications onthese issues have been given in juxta position:

Clarification sought Boards decision1. Where the employees while in service

become crippled or develop seriousailments like heart diseases cancerwhether the wife is eligible forappointment on compassionategrounds,

In terms of Boards letter of 30.4.1979only a son/daughter would be eligible forappointment on compassionate grounds, ifthe employee opts to retire. Boardsintention is not to extend the scope of theexisting orders further as employees seekretirement at a fairly advanced age and theretirement benefits are considered enoughto safeguard the interest of the wife.

2. Whether non-student sons above 21years and/or married daughters can beconsidered for appointment oncompassionate grounds.

While there is no ban according to rules,GMs should satisfy themselves that themarried daughter will be the bread-winnerof the bereaved family.

3. Whether a son-in-law may beconsidered for appointment oncompassionate grounds.

No.

4. Whether in the case of substitutes /casual labourers who die in harnessappointment could be offered, wherethe substitutes have attained temporarystatus or where they have beenempanelled but not absorbed.

The intention of extant orders is to givebenefits only to staff who are regularemployees.

5. Whether candidates possessingmatriculation or equivalent qualifi-cation but having no knowledge ofEnglish should be subjected tosuitability test before appointment.

The instructions prescribe only pos-session of minimum educational quali-fications. As such there is no need to holdwritten test and/or interview.

6. Whether cases for appointment oncompassionate grounds, which wereconsidered prior to 30.04.1979, couldbe re-opened.

The intention is not to re-open past casesbut where the cases were being processedon 30.04.1979 and had not been finalised,they should however, be considered.

7. Whether candidates with requisitequalifications for Class III butappointed in Class IV for want ofvacancies can be considered for ClassIII appointment.

Since the appointments were madekeeping in view the circumstances thenprevailing, it will not be desirable to re-open the cases to consider them for ClassIII posts.

Clarification sought Boards decision8. Whether the dependants of the

deceased employee holding a diplomaqualification in Engineering could begranted appointment on compassionategrounds in the grade Rs. 425-700against direct recruitment quota.

Yes.

9. Definition of the words near relativeand whether near relative refers tobrothers/sisters of the deceasedemployee.

No hard and fast rules can be laid for thepurpose. A blood relation who isconsidered to be a bread-winner of thefamily can be considered as near relativefor the purpose.

10. Where a near relative appointed oncompassionate grounds refuses tosupport the family whether hisservices can be terminated since underthe extant orders services of employeecan be terminated only if there iscontraction of the cadre or afterfollowing D&A rules.

The welfare organisation should use itsgood offices in such cases.

11. Appointment of near relative shouldnot be considered if son, daughter of awidow is already working, Whetherthese restrictions would apply in caseswhere son/daughter is working in anyprivate sector other than the Govt.Department.

It is not clear how this issue arises, asprior income verification is not provided.

12. Whether near relative can beconsidered for appointment if thefamily is able to sustain with theproperty left behind by the deceased.

If the widow requests for appointment oncompassionate grounds, the property leftbehind by the deceased should not beconsidered as a bar for appointment to anear relative, in other words there shouldbe no means test, provided the nearrelative is bread-winner of the bereavedfamily.

13. The date from which instructionscontain Ministrys letter of evennumber of 25.08.1980 should beeffective.

Instructions are applicable from the dateof issue.

14. Whether appointment on compas-sionate grounds to a near relative canbe offered where the employee or ex-employee has a daughter but cannottake up any employment.

This cannot be accepted.

Clarification sought Boards decision15. Whether Divisional Railway

Managers (Level I & Level II) canThis power cannot be delegated toDivisional and have to be exercised by bedelegated the power to grant the CPO onlyemployment in Group C post oncompassionate grounds.

16. Whether Dy. CME/SNW etc. havingindependent charge of units can betreated at par with DRMs. in thematter of exercising powers formaking appointment on compassionategrounds in Class IV categories.

No, as they have been given independentcharge for day-to-day working only.

17. Whether the benefit of compassio-nate appointment to sons or daughterscould be extended in cases where theemployee is medically incapacitated afew months / days before retirement.

No general prescription of any specificperiod is contemplated by the Board.

5.

Subject: Appointment on compassionate grounds.[No. E (NG) II/81/RC/ 1/251 dated 06.02.1982]

The question as to whether the wives/wards of Railway employees whosewhereabouts are not known for quite a long time may be offered appointment oncompassionate grounds has been considered by the Ministry of Railways on a referencereceived in this regard from the Southern Railway. It has been decided that in case anemployees whereabouts are not known for a period of seven years and consequently hissettlement dues are paid to the family the requests from their wives/wards forappointment on compassionate grounds may be considered, if they are otherwise eligiblefor such appointment under the extant orders.

6.

Subject: Compassionate appointment to Group C Posts Standard of educationalqualifications.

[No. E (NG) II/81/RSC/25 dated 06.05.1982]

Ministry of Railways letter of even number dated 25.01.1982 it has beenprescribed 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 inmatriculation or equivalent with a minimum of 50% marks in the aggregate. It has alsobeen stated that for Scheduled Castes and Scheduled Tribes and ex-servicemen thisminimum percentage of marks to be obtained in matriculation will not apply and a pass inmatriculation would do.

2. A question has been raised as to whether in the case of compassionateappointment of these non-technical popular categories of posts, the candidate concernedhas to possess minimum of 50% marks in matriculation. The matter has been consideredand 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 inmatriculation need not be insisted upon and candidates possessing a pass in matriculationmay also be appointed on compassionate grounds provided the other prescribedconditions 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 minimumqualification of University Degree should be insisted upon. Exemption from thisrequirement may be granted only in the case of applications for appointment oncompassionate grounds to the category of ASMs and Guards, pending as on 25.01.1982,the date of issue of Boards orders quoted above.

7.

Subject: Appointment on compassionate grounds Missing Railway Employees.[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 haddecided that in case an employees whereabouts were not known for a period of sevenyears and consequently his settlement dues had been paid to the family, the requests fromtheir wives/wards for appointment on compassionate grounds may be considered, if theyare otherwise suitable for such appointment. In pursuance of discussions at the PNMMeeting with A.I.R.F. held in March, 1982 the Ministry of Railways have further decidedthat in cases of real hardship, the General Managers may consider cases on merit evenbefore the expiry of the seven years period with the condition that the service of the wardwould be terminated in case the missing Railway employee becomes availablesubsequently. Also such appointment can be offered after a lapse of minimum of 3 yearsperiod after the Railway employee is missing.

8.

Subject: Direct recruitment in Intermediate Grades Appointment oncompassionate grounds.

[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 dated18.11.1974 had decided that their prior approval is not required where appointments todependants of deceased gazetted officers are made in initial recruitment grades oncompassionate grounds. Recruitment in intermediate grades like recruitment ofEngineering 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 beenstipulated that no appointments should be made either on compassionate grounds oragainst sports quota in intermediate grade i.e. grades exclusively filled by promotion. Itwas 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/CommercialApprentices where 25% direct recruitment is stipulated, appointments on compassionategrounds are permissible. The matter has been considered by the Ministry and it isclarified that Traffic Apprentices/ Commercial Apprentices [Grade Rs. 455-700 (RS)]and Graduate Apprentices [Grade Rs. 550-750 (RS)] are intermediate grades althoughthere is a small element of direct recruitment. Appointments in these grades either oncompassionate grounds or against sports quota are not permissible as there are otherdirect recruitment grades where such appointments are allowed.

9.

Subject: Appointment on compassionate grounds.

Reference: Boards 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 iseligible for compassionate appointment. The matter has been considered by the Ministryof Railways and it has been decided that there is no bar in giving appointment to thehusband of a female Railway employee on compassionate grounds in the circumstancesin which such appointments are otherwise permissible.

10.

Subject: Appointment on compassionate grounds.[E (NG) III/78/RC-1/1 dated 07.04.1983]

Instructions regarding appointment on compassionate grounds have been issuedfrom time to time. The instructions currently in force are those contained in Boards letterNo. 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 andguidance of all concerned.

I. Circumstances in which compassionate appointments may be made:

Appointments on compassionate grounds relate to those appointments, which canbe made of dependants of Railway servants who lose their lives in the course of duty ordie in harness otherwise while in service or are medically incapacitated. Thecircumstances in which appointments on compassionate grounds may be made are asbelow:

(i) When Railway servants lose their lives in the course of duty or get socrippled that they cannot do any work (this also in the course of duty for example, loco and traffic running staff incharge of trains involved inaccidents).

(ii) When Railway employees die in harness while in service beforeretirement.

(iii) Where an employees whereabouts are not known for a period of 7 yearsand the settlement dues of the employee are paid to the family on thisaccount. This limit of 7 years may be relaxed to 3 years on the merits ofeach case with the approval of the General Manager, subject to thecondition that the services of the person appointed on compassionategrounds would be terminated in case the missing employee is tracedsubsequently.

(iv) When Railway employees become crippled while, in service or developserious ailments like heart diseases, cancer, etc. or otherwise medicallydecategorised for the job they are holding and no alternative job of thesame emoluments can be offered to them.

Note: The appointment on compassionate grounds is admissible to thedependants/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 oncompassionate 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 theson or daughter is a minor one and the wife/widow/widower cannot takeup an employment.

(ii) A clear certificate should be forthcoming from the wife/widow/widowerthat 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 wasappointed on compassionate grounds refuses to support the family theservices of that employee are liable to be terminated.

(iv) Once a near relative is appointed on compassionate grounds no furtherappointment should be given later to a son, a daughter or thewife/widow/widower of the employee on compassionate grounds. Theappointment of a near relative should not be considered if a son or thedaughter or wife/widow/widower is already working and is earning.

Note (B): Near relatives would normally mean a blood relation who can be considered tobe a bread-winner for the family.

III. Time limit for making compassionate appointments:

Normally all appointments on compassionate grounds should be made within aperiod of 5 years from the date of occurrence of the event entitling the eligible person tobe 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 theapproval of the General Manager in the deserving cases while appointments are soughton the ground of an employee in his life or getting crippled in the course of duty. In casesrelaxation of the 5 year limit will require the approval of the Ministry of Railways forwhich purpose the reference giving special reasons for the proposed relaxation should bemade with the personal recommendation of the General Manager based on the specialcircumstances obtaining individual cases.

IV. Qualifications and conditions to be fulfilled:

Normally the persons seeking appointment on compassionate grounds shouldfulfil the conditions of eligibility regarding age and educational qualifications prescribedfor appointment to the post or grade concerned. However, the upper age limit may befreely relaxed on the merits of the cases. The lower age limit of 18 years normallyrequired for appointment in Government may also be relaxed upto one year with thepersonal approval of the General Manager. Relaxation of the lower age limit beyond oneyear will require the approval of the Ministry of Railways.

The educational qualification prescribed for the post to be offered should not inany case be relaxed. However, if on the merits of an individual case the General Managerfeels that such a relaxation of the minimum educational qualification is absolutelynecessary 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 therecruitment 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 arealso not permissible in the category of Traffic Apprentices/Commercial Apprentices(Grade Rs. 455-700) and Engineering Graduate Apprentices (Grade Rs. 550-750) becausedirect 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 besubjected to suitability test by a committee of three Senior Scale Officers one of themshould be a Personnel Officer. The test need not by very rigid. It has only to be ensuredthat the person concerned would be in a position to discharge the duties of the postalbeing offered to him. The test is also meant to assess the aptitude of the person for theparticular job proposed to be assigned to him. It should be conducted keeping compassionin view, which is the basis for such appointments.

The candidates who are to be offered appointments on compassionate groundsmay 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 GeneralManager. The General Manager may, however, redelegate this power to the DivisionalRailway Manager and also to Heads of the extra Divisional units who are in Level I orLevel II subject to such control, as he may like to impose on the exercise of such powerby these authorities. Proposal for appointment on compassionate grounds of dependantsof Gazetted Officers should, however, be referred to the Ministry of Railways forapproval.

VIII. Priorities to be observed in making appointments on compassionate grounds:

The following should be the order of priority to be followed while makingappointments on compassionate grounds:

(i) Dependants of employees who die or are permanently crippled in thecourse of duty.

(ii) Dependants of employees who die in harness as a result of railwayaccidents when off duty.

(iii) Dependants of employees who die in service or are medicallyincapacitated.

For the proper enforcement of priorities, separate lists should be maintained ineach office for the categories indicated above, the date of priority being formed the dateof eligibility. All appointments should be made strictly in this order. Where, for anyspecial reasons, it is felt necessary to depart from the priority list, the sanction of the nexthigher authority (CPO for appointment to Group C posts) must be obtained givendetails 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 begiven 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 thedeceased railway employees, posts of Waiting Room Bearers, Water women, hospitalAyah/Attendant (female). Cinder picking women, Sweeper women, C&W Khalasis forwaste packing, Retiring room attendants, Servers Khalasis attached to Sub-divisionoffices like AENs 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 nocase there be more than one appointment against one death/medical incapacition. Forexample, it should not be permitted where the family wants another son or daughter to beemployed in lieu or in addition to an appointment already made on compassionategrounds.

Once an appointment on compassionate grounds of the ward/widow etc., has beenmade in particular category, no change of category is subsequently permissible.

X. Relaxation:

Wherever any deviations from the above provisions are sought to be made inindividual cases of merit, the prior approval of the Ministry of Railways should beobtained and in such cases personal approval to the General Manager should be indicatedin the references.

11.

Subject: Appointment on compassionate grounds.[No. E (NG) III/78/RC/1 dated 27.05.1983]

Reference Ministry of Railways letter of even number dated 07.04.1983. In thisconnection attention is invited to Item VII of the aforesaid orders wherein it has beenprovided that proposal for appointment on compassionate grounds of dependants ofGazetted Officers should be referred to the Ministry of Railways for approval.

The matter has been considered further by the Ministry of Railways and it hasbeen decided that the General Managers may also exercise powers in regard toappointment of dependants of Gazetted Officers on compassionate grounds provided theappointments are made in recruitment grades viz. office clerks ticket collectors,commercial clerks etc. etc.

12.

Subject: Employment on compassionate grounds.[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 letterof even number dated 07.04.1983, appointments on compassionate grounds may beoffered where a Railway employee becomes medically decategorised for the job he isholding 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 demandedthat even in those cases where, on being medically decategorised, a Railway employee isoffered an alternative job on the same employments, his son or daughter should beoffered employment on compassionate grounds if the employee himself opts to retirevoluntarily.

3. After careful consideration of the matter it has been decided that in cases whereon being medically decategorised a Railway employee is offered alternative employmenton the same emoluments but it is not accepted by the employee and he chooses to retirefrom service, compassionate appointment of an eligible ward of the employee, if sorequested by him, can be considered at the discretion of the competent authority providedthat if the employee has less than three years of service before superannuation (i.e. he isabove the age of 55 years) at the time the decision is taken, the personal approval of theGeneral Manager has to be obtained before the offer of appointment on compassionategrounds, is made.

13.

Subject: Appointment on compassionate grounds.[No. E (NG) II-83/RC 1/77 dated 08.09.1983]

Attention is invited to this Ministrys letter No. E (NG) III/78/RCI/1, dated07.04.1983, consolidates the instructions on the subject of appointment on compassionategrounds.

2. Recently a case has come to notice where on the death of a Railway servant, oneof his wards who were already employed in Class IV post of the same Railway wasappointed to a Class III post on compassionate grounds. This has given rise to thequestion whether such appointment would be in keeping with the instructions referred toabove.

3. The matter has been considered by the Ministry of Railways in the light ofaforesaid instructions. They wish to clarify that it is not the intention that persons alreadyemployed on a post in the Railways should be offered appointment on compassionategrounds to another post in a higher grade.

14.

Subject: Employment on compassionate ground.

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 orderscontained therein refer to all cases of compassionate appointments of wards of employeeswho are medically decategorised. It is hereby clarified that the order contained in the saidletter 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 doesnot accept the same and chooses to retire from service. In other cases, including those inwhich no alternative appointment on the same emoluments can be offered to a medicallydecategorised employee, the provisions contained in this Ministrys letter of even numberdated 07.04.1983 as amended/clarified from time to time, will continue to apply.

15.

Subject: Employment on compassionate grounds - Fixation of initial pay.[No. E (NG) II/83/RCI/68 dated 07.12.1983]

Reference Ministry of Railways letter No. E (NG) III/78/RC/1, dated 07.04.1983as amended from time to time on the above noted subject. Instructions contained thereinprovide for compassionate appointment in the initial recruitment grades in non-gazettedposts. These instructions do not make any specific mention of fixation of pay at a stagehigher than the minimum of the scale and accordingly the normal rules and orders in thisregard will apply. However, attention in this connection is invited to para 601 of theIndian Railway Establishment Manual.

The Ministry of Railways have had occasion to review the position regardingfixation of initial pay in cases of appointment on compassionate grounds. They have nowdecided 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 stagehigher than that normally admissible under the rules is considered justified, the Railwaysmay approach the Ministry with particulars of the case and with their recommendationregarding the higher stage at which the initial pay should be fixed alongwith justificationin support thereof. In no case should pay be fixed at a higher stage in such cases withoutthe prior approval of this Ministry.

16.

Subject: Appointment on compassionate grounds Cases where Railway employeesare 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. heldon the 29th and 30th August, 1983, it is hereby clarified that compassionate appointmentsin 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 theground that settlement dues of the missing employees are still to be paid to the personsentitled to receive them.

17.

Subject: Appointment on compassionate grounds in group C posts[No. E (NG) II-84/RC1/Policy dated 31.03.1984]

As Railways are aware, appointment on compassionate grounds of wards ofdeceased/incapacitated/decategoriesed employees in Group C posts can be made by theRailways in terms of the instructions issued by this Ministry from time to time on thesubject of such appointments. It was clarified in this context that where a candidate withrequisite qualifications for appointment in a Group C (Class III) post in appointed inGroup D (Class IV) post for want of a vacancy in any suitable Group C category, hiscase for appointment in a Group C post cannot be reopened as the initial prevailing videItem 7 in this Ministrys 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 tocases where a candidate adjudged suitable for appointment in Group C post cannot beappointed to such a post for want of a vacancy therein and he is offered and he accepts apost in Group D. They have now decided that where a candidate for compassionateappointment in eligible and is also adjudged suitable for a post in Group C but, for wantof a vacancy in a Group C posts he is offered a post in Group D which he accepts, hiscase may be considered for appointment in Group C post as soon as a suitable vacancyarises therein. In such cases, a specific record should be kept that appointment in GroupD is being made as the candidate needs employment immediately but a vacancy in acategory of position Group C for which he is found suitable, is not availableimmediately. It should also be placed on record, with the approval of the authoritycompetent to make the appointment, that the candidate will be considered for a vacancyin Group C as early as possible. Such a candidate will have preference for appointmentin 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 authorityi.e. Divisional Railway Manager, extra Divisional Officer to whom power of appointmentmay be delegated in terms of Ministrys letter No. E (NG) II/81/RC 1/2447, dated18.02.1982. It may be noted here that placing the matter on record as aforesaid will onlyentitle the candidate in question for consideration for such appointment. His actualappointment to a Group C post, when a vacancy therein arises later, would be subject tohis being considered suitable in all respects at the time of actual appointment. Thisincludes his being found medically fit for such appointment.

3. The Ministry of Railways have also decided that the priorities laid down in paraVIII of this Ministrys letter No. E (NG) III/78/RC1/1, dated 07.04.1983 will continue toapply. Thus, the preferential consideration of a candidate appointed in Group D thoughadjudged suitable for Group C, for appointment in the latter category, will be withreference to his position in the particular priority group to which he was assigned at thetime of appointment In other words, an appointment to be made subsequently in a casefalling under category priority will have preference to one covered by theseinstructions,

but falling under Categories II or III of the order of priority, and appointedaccordingly, though this appointment may have been done in Group D instead ofGroup C for want of vacancies in Group C. Thus if there should be a need forcompassionate appointment of a new entrant to Group C under priority I while anearlier entrant under lower priority in Group C has been temporarily accommodated inGroup D, the new appointment classified under higher priority will be given the firstvacancy in Group C.

4. These instructions will apply to all cases in which compassionate appointmentsare approved by the competent authority on or after 1st April 1984. The Ministry ofRailways wish to make it clear that past cases i.e. cases, in which appointments had beenapproved before 1st April 1984, shall not be reopened.

18.

Subject: Appointment on compassionate grounds Cases of wards of casual labour.[No. E (NG) II-84/CL/28 dated 04.05.1984]

As Railway Administrations are aware, the extant orders and instructions relatingto appointment on compassionate grounds apply only to Railway servants in regularemployment on Railways. In this connection attention is invited to instructions containedin this Ministrys letter No. E (NG) III/78/RC1/1, dated 07.04.1983.

2. In the PNM meeting held with the All-Indian Railwaymens Federation on the6th/7th February 19 84, the Federation pointed out that in the case of casual labourersdying in harness, the General Managers had no powers to appoint their wards oncompassionate grounds. They wanted that powers to make such appointment inappropriate cases should be given to the General Managers. As a result of discussion ofthis demand in the aforesaid meeting, it has been decided that General Managers shouldbe given powers to consider and decide requests for appointment on compassionategrounds of the wards of a casual labourer who dies due to accident while on dutyprovided the casual labourer concerned is eligible for compensation under theWorkmens Compensation Act, 1923. This power should be exercised by the GeneralManager personally and such appointments should be as casual labour (fresh hand) orsubstitute. The power to make such appointment should not be delegated to a lowerauthority.

19.

Subject: Appointment on compassionate grounds.[No. E (NG) II/84/RCI/51 dated 19.09.1984}

Attention in invited to para VIII of this Ministrys latter No. E (NG) III-78/RC1/1 dated07.04.1983 in which the order of priority for making appointments on compassionategrounds has been indicated.

2. The Ministry of Railways have had occasion to review this order of priority in thelight of suggestions that consideration of appointment on compassionate grounds in caseswhere a person is medically decategorised at the fag end of his service and/or a personwho 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 whilestill in service, particularly when a Railway servant dies suddenly.

3. The Ministry has now decided that the order of priority, as laid down in theaforesaid letter of 07.04.1983 shall be revised as under:

(i) Dependants of employees who die or are permanently crippled in thecourse of duty.

(ii) Dependants of employees who die in harness as a result of Railway orother accidents when off duty.

(iii) Dependants of employees who:

(a) Die in service or are totally incapacitated while in serviceirrespective of the period of service left to reach the age ofsuperannuation or of earning retirement benefit in full, or

(b) Are medically decategorised with less than 30 years of qualifyingservice for pensionary benefits/30 years of service for SC to PF.

(iv) Dependants of employees are medically decategorised with 30 years ormore of qualifying service for pensionary benefits 190 years of service forSC to PR.

4. The revised order of priority will take effect from 1st October 1984, i.e. in respectof appointments on compassionate grounds, which are decided upon after the said date.In the meantime. Railway Administration are advised to have their records recast suitablyin terms of the provisions in the preceding paragraph, so that there is no practicaldifficulty in following the above revised order of priority.

20.

Subject: Appointment on compassionate grounds.[No. E (NG) II-84/RCI/105 dated 16.11.1984]

Attention is invited to the clarification given against item (1) in this Ministrysletter No. E (NG) III-78/RC1/1 dated 03.02.1981, in which it was stated that in the caseof a railway servant who is medically incapacitated or decategorised and who retires fromservice, only a son or a daughter is eligible for appointment on compassionate groundsand not the wife.

2. The question whether in such cases appointment on compassionate grounds of thewife of the ex-employee also should be allowed, has been under consideration. Organisedlabour also have represented that in such cases appointment to the wife of the employeeconcerned should be permitted.

3. Ministry of Railways have carefully considered the matter. They have nowdecided that in the case of a railway servant who is medically incapacitate ordecategorised and retires from service and if compassionate appointment is otherwisepermissible, 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 aminor at the time the request for appointment is made;

(ii) In each case, the appointment will be approved personally by the ChiefPersonnel Officer, and

(iii) The Railway Administration has no practical difficulty in offeringappointment in a post for which the candidate is eligible and suitable.

21.

Subject: Appointment on compassionate grounds.[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 inharness, 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 upemployment and the sons/daughters are minor, the case may be kept pending till the firstson/daughter becomes a major, i.e. attains the age of 18 years or for a period of five yearsfrom the date of death of employee whichever is earlier.

2. The Ministry of Railways have had occasion to review this provision in the lightof a suggestion made to them that the existing rule which permits a case being kept openwhere the widow cannot take up employment only till the first son/daughter becomes amajor needs to be modified as there could be cases where it may be necessary or it wouldbe appropriate, for employment on compassionate grounds being offered to a wardyounger than the eldest among the minor sons/minor daughters.

3. The Ministry of Railways have now decided that where the widow cannot take upemployment. Railways can keep the case for appointment on compassionate groundsopen 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 appointmentpermissible, there is a daughter who has attained majority and/or a major son who isalready employed. This will be subject to the following conditions:

(i) The minor son to be appointed will be attending majority of age within aperiod of five years of the event of death, which is the basis forappointment on compassionate grounds.

(ii) Where there is more than one minor son, it is only the eldest minor sonwho should be considered for appointment when he attains majority andnot any of the minor sons.

(iii) Further, in such cases, the competent authority should be satisfied aboutthe bona fides of the request of the widow or if there is no survivingwidow, of the family, that appointment should be given to a minor son(when he attains majority) instead of a daughter or an employed son whois already a major.

4. These instructions will have prospective effect. Past cases, if any, decidedotherwise, will not be reopened.

22.

Subject: Appointment on compassionate grounds Time limit for appointment.[No. E (NG) II-84/RC1/26 dated 18.04.1985]

In para 1(2) of this Ministrys letter No. E (NG) III-78/RC1/1, dated 30.04.1979on the subject of compassionate appointments, it was laid down that in the case of staffwho die in harness and where the widow cannot take up employment and sons/daughtersare 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 onlyfive years, after which appointment on compassionate grounds will not be permissible.As an exception to this provision, the General Managers may personally authorise arealisation of this limit of five years in deserving cases of employees whose cases fallunder para 4(i) of the same letter.

2. Subsequent, in December 1980, the Railway Administrations were advised to theeffect that in cases involving special circumstances they could, with the personalapproval of the General Manager, approach this Ministry for relaxation of the limit offive years in other cases.

3. The question of delegation of powers to the General Managers for relaxation ofthe limit of five years in all cases has been engaging the attention of this Ministry forsome time past. It has now been decided that in all cases of death of an employee while inservice, compassionate appointment, as permissible under the extant instructions, couldbe approved by the General Managers even beyond the limit of five years, subject to thefollowing conditions:

(i) The powers shall be exercised personally by the General Manager. It shallnot be delegated to a lower authority.

(ii) The case should not be more than ten years old as reckoned from the dateof death.

(iii) The widow of the deceased employee should not have re-married.

(iv) The benefit of compassionate appointment should not have been given atany time to any other member of the family or to a near relative of thedeceased employee.

(v) The circumstances, of the case should be such as to warrant relaxation ofthe 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 bythe Railway Administration as soon as the son/daughter to be consideredfor compassionate appointment has become a major, say within amaximum period of six months.

4. The Ministry of Railways have further decided that the delegation of powers asabove will be for the present be current upto 31st March 1987. The position will bereviewed some time at the beginning of 1987.

5. A record of such cases should be kept and the number of such requests consideredduring the 1985-86 and the number of appointments made [separately in Group C (ClassIII) and Group D (Class IV) categories] may be advised to this Ministry by 31st May1986.

23.

Subject: Appointment on compassionate grounds.[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 toappointment on compassionate grounds are not being observed by the Railways in theirproper spirit. In particular, they mentioned the following types of difficulties faced by theRailway employees or their families in the matter of appointment on compassionategrounds in accordance with the instructions issued by the Ministry, from time to time:

(i) The written test held for adjudging for suitability of a candidatesappointment, is of an unduly high standard. The test should be consistentwith the spirit of Boards instructions of appointment on compassionategrounds.

(ii) If a ward is not found suitable for Group C post, he is offeredappointment in Group D posts, instead of considering him forappointment to another Group C post.

(iii) Appointments are not made within a short time as envisaged in theinstructions.

(iv) Wards of Group D staff are offered appointment only in Group D postseven though they have the requisite qualifications for and are suitable forappointment in Group C posts.

2. In this connection, attention of the Railway Administrations is invited to thisMinistrys 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 groundssympathetically and within the framework of instructions issued by this Ministry fromtime 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 Ministrys letter No. E (NG) III/79/RC-1/62, dated05.03.1982, while a suitability test is to be held for judging the suitabilityof an applicant for compassionate appointment, the standards for the sameneed not be rigid. It was added that it has only to be ensured that thepersons concerned would be in a position to discharge the duties of thepost being offered to him and as the test in designed to assess the aptitudeof 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 hemay be suitable and eligible. If however, he is found unsuitable for oneGroup C post, he should be considered for an alternative Group C postfor which he is eligible and suitable.

(iii) Railways should endeavour to make compassionate appointments as earlyas possible.

(iv) It is not necessary that the ward of a Group D employee should beappointed in a Group D post only. If such a ward is eligible forcompassionate appointment and possesses the qualification, prescribed fora Group C post in which compassionate appointment is permissible, hiscase for such appointment should be considered.

3. The Ministry of Railways desire that these instructions should be adhered to intheir proper spirit.

24.

Subject: Appointment on compassionate grounds in Group D Posts Minimumeducational qualifications.

[No. E (NG) II-86/RCI/Policy dated 25.03.1986]

With reference to this Departments letter No. E (NG) II/84/RR1/26, dated16.08.1985, laying down minimum educational qualification for recruitment in GroupD posts in the various departments of the Railways, a question has been raised whetherthese qualifications will apply also to appointments on compassionate grounds. Thematter was also raised in the meeting of the Departmental Council held in March 1986when the Staff Side urged that the said qualifications should not apply to compassionateappointments.

2. The Department of Railways wish to clarify that the qualifications laid down inthis Departments letter of even number dated 16.8.1985 apply also to appointmentsmade on compassionate grounds. However, having regard to the points made during theDepartmental Council meeting and the representations received in the matter, theDepartment have decided that the following posts, from out of those at present reservedexclusively for widows, will continue to be so reserved for them for compassionateappointment of widows, if otherwise admissible under extant orders. Accordingly, inrespect of these posts minimum educational qualifications as now prescribed will not beinsisted 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 Railwayschools;

(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) ofthe letter dated 16.08.1985 cited above, the general question of minimum educationalqualifications 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 husbandand wife (both Railway employees).

In terms of Railway Boards letter No. E (NG) III/78/RC 1/1, dated 07.04.1983,while offering appointment on compassionate grounds, it need not be checked whetheranother son/daughter is already working, but there should not be more than oneappointment against one death/medical incapacitation.

A case has cropped up in this Railway where both husband and

Appointment on Compassionate Grounds

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