Appointment on compassionate ground – Master Circular by Railway Board vide M.C. No. 16/2024
भारत सरकार Government of India
रेल मंत्रालय Ministry of Railways
रेलवे बोर्ड (Railway Board)
अनुकंपा आधार पर नियुक्ति
पर
मास्टर परिपत्र
MASTER CIRCULAR
ON
COMPASSIONATE GROUND APPOINTMENT
16
(2024)
(केवल आधिकारिक प्रयोग के लिए)
(For Official use only)
M.C. No. 16
No. E(NG)II/2022/RC-1/17
New Delhi, Dated 22.02.2024
The General Manager (P),
All Zonal Railways/PUs,
(As per standard mailing list).
Sub: Appointment on compassionate ground -Master Circular.
*****
Consolidated instructions on Scheme for “Compassionate Appointment in Indian Railways” were issued vide this office letter No. E(NG)II/90/RC-1/117 dated 12.12.1990 (Master Circular No. 16). Subsequently, many instructions on compassionate appointments have been issued from time to time which are scattered in a numbers of circulars/orders. It has been decided to consolidate all instructions issued till date, in this Master Circular, under easily comprehensible headings for ready reference of all concerned.
2. The number and date of the relevant Letter/OM has been mentioned under each para, which can be accessed from this Ministry’s website https://indianrailways.gov.in.
3. Hindi version will follow.
(U.K.Tiwari)
Director Estt.(N)
Railway Board
CIRCUMSTANCES IN WHICH COMPASSIONATE APPOINTMENTS MAY BE MADE:
Appointments on compassionate grounds relate to the appointments made of dependents of Railway servants who lose their lives in the course of duty or die in harness otherwise while in service or are medically incapacitated/ decategorised. The circumstances in which appointments on compassionate grounds may be made are as below:-
(i) When Railway servants lose their lives in the course of duty or get so crippled that they cannot do any work (this also in the course of duty – for example, loco and traffic running staff in charge of trains involved in accidents).
(ii) When Railway employees die in harness in service, before retirement.
(iii) Dependent of totally medically incapacitated staff may be considered for compassionate grounds appointment at par with death cases, subject to their merit.
(E(NG)II/2016/RC- 1/SR/6 dated 29.03.2016)
(iv) In cases where an employee is totally incapacitated and is not in a position to continue in any post because of his medical condition he may be allowed to opt for retirement. In such cases request for appointment on compassionate ground to an eligible ward may be considered.
(E(NG)II/95/RC-1/94 dated 18.01.2000)
(v) CGA to wife/ward of missing Railway Employee
(a) A request to grant the benefit of compassionate appointment can be considered after a lapse of at least 2 years from the date from which the Railway employee has been missing, provided that an FIR has been lodged and the missing person is not traceable, and the competent authority feels that the case is genuine;
(b) This benefit will not be applicable to the case of a Railway employee:-
- who had less than two years to retire on the date from which he has been missing; or
- who is suspected to have committed fraud, suspected to have joined any terrorist organization or suspected to have gone abroad.
(c) Compassionate appointment in the case of a missing Railway employee also could not be a matter of right and will be subject to fulfillment of all the conditions, including the availability of vacancy, laid down for such appointment under the existing scheme;
(d) While considering such a request the results of police investigation should also be taken in to account.
(e) A decision on any request for compassionate appointment covered by these general instructions will be taken at the level of the DRMs/CWMs/HODs;
(f) The services of the wards/widows will be terminated in case the missing Railway employee becomes available subsequently;
(g) The compassionate appointment may be delinked from the payment of settlement dues i.e. compassionate appointment in such cases may not be denied or deferred only on the ground that settlement dues of the missing employee are still to be paid to the persons entitled to receive them.
(E(NG)II/97/RC-1/210 dated 26.07.1998(RBE No. 164/1998) &
E(NG)II/98/RC-1/64 dated 06.01.2009 (RBE No. 3/2009))
(vi) Death/ Medical Incapacitation of a Direct Recruit Trainee: In all cases of appointment made against regular and substantive post (through RRB/RRC) where the recruited employee dies in harness before completing any mandatory training prescribed for regularization against the allotted working post, the spouse of such trainee employee will be eligible for consideration for CG appointment. However, it will require the personal approval of the General Manager.
(E(NG)II/2019/RC- l/5 dated 04.06.2019 ) (RBE 90/2019)
(vii) The spouse of the deceased employee, whose ward was appointed on compassionate ground and died/medically incapacitated while undergoing the pre-requisite training, may be permitted to nominate either another ward/herself or the widow/wife of the deceased/medically incapacitated trainee for compassionate appointment consideration.
In case the spouse of deceased employee is not alive for nomination then:-
i) if deceased/medically incapacitated CGA trainee is married then widow/wife of deceased/medically incapacitated CGA trainee may be considered for CGA.
ii) if deceased/medically incapacitated CGA trainee is unmarried then another ward of original employee may be considered for CGA.”
(E(NG)II/2022/RC- l/NR/28 dated 25.01.2023 ) (RBE 20/2023)
(viii) (a) In cases where malingering is established and a Railway servant is declared unfit for all posts in terms of para 512(ii) of the Medical Manual and is retired from railway service, compassionate appointment to the ward of such a Railway servant would not be admissible.
(b) In all cases of persons being declared unfit on account of malingering, medical unfitness papers should invariable carry an endorsement that he was declared unfit under para 512(ii) of the Indian Railway Medical Manual.
(No. E(NG)II/86/RC-1/20 dated 24.6.1987 and 07.08.1987)
2. PERSONS ELIGIBLE TO BE APPOINTED ON COMPASSIONATE GROUNDS
i. Son/daughter/widow/widower of the employees are eligible to be appointed on compassionate grounds in the circumstances in which such appointments are permissible. Where the widow cannot take up employment and the sons/daughters are minor, the case may be kept pending till the first son/daughter becomes a major i.e. attains the age of 18 years, subject to time limits as provided under Para 3 (III) (i) of Board’s letter no. E(NG)Il/2017/RC-1/23 dated 01.02.2023 (RBE No. 21/2023).
ii. Where the widow cannot take up employment, Railways can keep the case for appointment on compassionate grounds open 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 appointment permissible, there is a daughter who has attained majority and/ or a major son who is already employed. This will be subject to the following conditions:-
(a) The minor son to be appointed will be attaining majority of age within a period of five years of the event of death which is the basis for appointment on compassionate grounds.
(b) Where there is more than one minor sons, it is only the eldest minor son who should be considered for appointment when he attains majority and not any of the minor sons.
(c) Further in such cases, the competent authority should be satisfied about the bonafides of the request of the widow or if there is no surviving widow, of the family, that appointment should be given to a minor son (when he attains majority) instead of a daughter or an employed son who is already a major. (No. E(NG)II/84/RC-1/172 dated 01.03.1985).
(d) (i) If the candidate is a major at the time of death/medical invalidation of the ex employee and is already admitted to a course, then he/she shall be allowed to complete that course (subject to a maximum limit of 5 years for completion of the course) provided he/she takes due permission of the Railway Administration. His/ her candidature for compassionate appointment would be considered according to the qualification so acquired.
Pursuing of a course other than that to which the candidate had already been admitted into at the time of death/medical invalidation of the late/ex-employee will not be allowed /counted for this purpose.
(ii) If the candidate is minor at the time of death/medical invalidation of the late/ex employee but at the time of his /her attaining majority, he/she is already admitted to/pursuing a course, he /she be allowed to complete that course (subject to a maximum limit of 5 years for completion of the course) on taking due perm1ss1on from the administration. His /her candidature for CG appointment would be considered according to the qualification so acquired.
(iii) Provided that in situations covered under both (i) and (ii) above, where the course of study spills over beyond the academic year in which the date of death/medical invalidation occurred, the eligibility for CG appointment consideration would be limited to posts below Level-7 (GP Rs. 4600).
The above provisions are in the context of acquisition of higher qualification beyond the minimum qualification required for Level-1. Extant provisions will hold good as regards minimum qualifications for considering CG appointment for level-1 posts.
(E(NG)II/2003/RC- l/Genl./4 dated 19.06.2019 ) (RBE No. 100/2019)
iii. In case of medically decategorised/ incapacitated employees where compassionate appointment is otherwise permissible, it will be the discretion of the concerned medically decategorised/ incapacitated Railway employee to request for a job to either spouse or ward as per his/her choice. Further, in the event of death of the medically unfit employee without making clear his wishes, the first preference for appointment on compassionate ground appointment should be that of spouse as done in case of death.
(E(NG)II/2012/RC-1/Genl./15 dated 04.03.2014 ) (RBE No. 22/2014)
iv. There is no bar in giving appointment to the husband of a female railway employee on compassionate grounds in the circumstances in which such appointment are otherwise permissible.
(No. E(NG)II/82/RC-1/213 dated 17.1.1983).
v. Normally only the father is taken to be the bread-winner of the family. In the event of both wife and husband are Railway Employees, on account of death of the husband employment is permissible to a ward but not on account of death of the wife.
(No. E(NG)II/86/RC-1/1/Policy dated 31.10.86) (RBE No. 214/1986)
vi. It should be left to the discretion of the family concerned in case of death of ex-employee to request for a job to either spouse or any child (whether son or daughter/unmarried/married/divorced/widowed) subject to the condition that the concerned child will be the bread-winner of the family concerned. Further, for this purpose instructions issued by this Ministry vide letter issued under RBE NO. 22/2014 dated 04.03.2014 be read in the same spirit.
However, the dependent of an unmarried male/unmarried female Railway employee dying in harness/retiring on medical grounds, may be considered for compassionate appointment by the Railway at its own level, subject to the condition that the candidate proposed for appointment is shown as dependent on the ex-employee on the basis of documents such as inclusion/declaration of name in the pass or in Ration cards etc. The condition of inclusion in the pass declaration or Ration cards etc. is only a facilitating factor, and not intended to be a restrictive one. In the absence of any such documentary proof, the factual position regarding the extent of the dependency may be got verified by deputing a Welfare Inspector to inquire into the circumstances. The relaxation of time limit permissible in the case of minor children of those employees who die in harness would also apply in the case of dependents of those who die as bachelor/spinster.
( E(NG)II/2014/RC-1/SCR/5 dated 08.07.2014 ) (RBE No. 70/2014)
vii. Children born to the second wife may also be considered for CGA even where the second marriage has not been specifically permitted by the administration. However, since compassionate appointment after demise of the Railway employee can be considered for granting to only one dependent family member on merits, a child born to the second wife can be considered for such appointment only after ascertaining that there is no objection to this from the first wife or her children. Where the first wife (legally wedded wife) opts for such compassionate appointment either for herself or one of her own children, such claim will have priority over any competing claim made by the second wife for any of her children. These provisions are effective from 11.12.2018.
[E(NG)II/2016/RC-1/CR/12(pt.) dated 30.12.2019 (RBE No. 217/2019) and 02.11.2023 (RBE No. 120/2023)]
3. TIME LIMIT FOR MAKING COMPASSIONATE APPOINTMENTS:
i. All requests for CGA submitted within the prescribed period of 5 years from the date of death/medical invalidation /2 years of attaining majority for ward registered earlier as minor, shall be finalized/decided by DRMs/CWMs/HODs/ Competent Authority. Such cases not received within this period of 5 years will be considered as per the following schedule by the authority indicated against each:-
| (a) | Beyond 5 years upto 20 years | DRMs/ CWMs/ HODs |
| (b) | Beyond 20 years upto 25 years | To be decided by GMs at their Personal level only (are not to be delegated further) |
| (c) | Beyond 25 years | With prior approval of Ministry of Railways on personal recommendations of GMs |
ii. As regards cases where the request for CGA has not been received by the Railway Administration within 05 years of the event warranting CGA, such cases shall be decided by the authorities as indicated above.
iii. Railways should ensure that all possible efforts are made to give CGA to the eligible dependent of the Railway employee concerned without undue delay within the time frame as per existing rules/instructions. Further, responsibility may be fixed on the concerned officials/officers for delay/inaction.
iv. While considering belated requests i.e. those received by Railway Administration after 5 years, it should, however, be kept in view that the concept of CGA is largely related to the need for immediate assistance to the family of the Railway 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 as per extant norms.
[E(NG)II/2017/RC-1/23 dated 01.02.2023 (RBE No. 21/2023) & E(NG)II/2017/RC-1/23 dated 27.02.2023 (RBE No. 35/2023)]
4. QUALIFICATION AND CONDITIONS TO BE FULFILLED:
i. Normally the persons seeking appointment on compassionate grounds should fulfill the conditions of eligibility regarding age and educational qualifications prescribed for appointment to the posts or grade concerned. However, the upper age limit may be freely relaxed on merits of the case. The lower age limit of 18 years normally required for appointment in Government may also be relaxed upto one year in deserving cases with the personal approval of the General Manager. Relaxation of the lower age limit beyond one year will require the approval of the Ministry of Railways. As regards relaxation of upper age limit in making compassionate ground appointment, wherever DRM/CWM is competent to make the appointment on compassionate ground, they may grant relaxation in upper age limit also.
[E(NG)III/79/RC-1/74 dated 29.11.1979 and E(NG)II/2018/RC-1/32 dated 20.09.2018 (RBE No. 145/2018)]
ii. The educational qualifications prescribed for the post to be offered should not be relaxed. However, if on the merits of an individual case, the General Manager feels that such a relaxation of the minimum educational qualifications is absolutely necessary, such cases may be referred to the Ministry of Railways. The Railway Board will consider these cases on merits subject to the stipulation that the candidate shall acquire the requisite qualification within a prescribed time limit. Such case will carry the following stipulations, in the offer of appointment:-
a) The period to be allowed for acquiring the qualification will be two years.
b) Such a person will not be confirmed in service till he acquires the qualification.
c) He will not be eligible for promotion till such time he acquires the qualification.
d) If any junior is promoted before the senior compassionate appointee acquires the qualification, such promotion of the junior will be treated as regular. In other words, the compassionate appointee will lose seniority in the higher grade to such of his juniors as may have been promoted to the next higher grade, before he acquires the prescribed qualification.
(No. E(NG)II/80/RC-1/4(kw) dated 22.02.1989) (RBE No. 56/1989)
iii. For appointment of widows on compassionate grounds against following posts in Group ‘D’ (now Level 1) exclusively reserved for compassionate appointments for widows, the minimum educational qualifications prescribed may not be insisted upon:
(a) Retiring room attendants.
(b) Sweeper Women.
(c) C&W Khalasis (For Waste Packing only)
(d) Ayah and female sanitary cleaner in Railway Hospitals, Railway Schools.
(e) Khalasis attached to sub-divisional officers of AEN, PWI and IOW, and a percentage of vacancies of Office Peons may be reserved for them.
In all other cases of compassionate appointments in Group ‘D’ the prescribed minimum educational qualifications will apply.
(No. E(NG)II/86/RC-1/1/Policy dated 25.03.86)
iv. In case of appointment of a widow/wife not having requisite minimum educational qualification, she will be placed in the Level – 1 of the Pay Matrix introduced on implementation of 7th CPC report, without insisting on fulfillment of educational qualification norms, provided the appointing authority is satisfied that the duties of the post against which she is being appointed can be performed with the help of some on job training.
(E(NG)II/2017/RC-1/23 dated 06.04.2018 ) (RBE No. 51/2018)
v. All such Compassionate appointees who have completed 5 years but have not yet acquired the minimum SSC/ITI qualification be advised, under clear acknowledgement, of the conditions under which Compassionate Ground Appointment (CGA) was offered to them even in the absence of their possessing the required minimum qualification, and directed to acquire the said minimum qualification within a period of 2 years from the date of issue of the present letter. Options of National Institute of Open Schooling and other recognized distance education/other locally available resources may also be suggested in the communication to facilitate acquiring of the minimum qualification.
It may further be made clear in the communication referred to in above para that those who do not acquire the minimum qualification within the extended/grace period of 2 years being provided now would be liable for administrative action as per terms and conditions of their initial Compassionate Ground Appointment.
(E(NG)II/2017/RC-1/23 dated 03.05.2019)
vi. An eligible dependant of a Railway employee, who dies in harness or is retired due to medical invalidation may be allowed to complete the educational course that he may have taken up, so that he may be considered for appointment on compassionate ground in a grade/post commensurate with the higher qualification provided he acquires the higher qualification and applies for higher grade post within the prescribed period of five years,. This will be subject to the condition that only one such chance can be availed by the candidate during the period of five years.
(E(NG)II/99/RC-1/Genl.9/JCM-DC dated 15.02.2000) (RBE No. 20/2000)
5. GRADES IN WHICH APPOINTMENTS CAN BE MADE ON COMPASSIONATE GROUND:
i. All appointments on compassionate grounds should be made only in the recruitment grades. No appointment should be made on compassionate grounds in an intermediate grade i.e. one which is filled purely by promotion.
ii. However, if in any rare and exceptional case, where the circumstances are particularly distressing and fixation of pay at a higher stage than that normally admissible under the Rules is considered justified, the Railway may approach Railway Board giving full details in the prescribed performa for approval. In no case should pay be fixed at any higher stage in such cases without Board’s prior approval.
(No. E(NG)II/83/RC-1/68 dated 07.12.1983)
iii. Though diploma is the minimum qualification for Direct Recruit (DR) intake into JE through RRB examinations, a majority of those eventually selected on merit are indeed B.Tech candidates. In such a competitive milieu, therefore, it would be adequate and reasonable for B.Tech qualified CGA to be generally not considered for grades higher than JE in GP 4200/Level-6, if found suitable for the same.
iv. SSE GRADE : While SSE is the most common post in the grade of GP 4600/Level-7 to which CG appointments, whenever approved in the grade of Level-7, are made, there are other posts like CLA/Public Prosecutor, Staff Nurse, Teachers in this grade too where DR exists and where CGA can, therefore, be offered as per extant provisions. DR intake into these categories has not been stopped.
(a) CGA into SSE grade to be ordinarily avoided.
(b) Wherever CGA into SSE is being recommended in rare cases it must be ensured that candidate is first class engineering Graduate and is in possession of prescribed qualification for the post; and such case be recommended to HQ for consideration by an SAG Committee nominated by GM. Papers to be sent to be of adequate technical standard.
(c) Recommendation of any case as at (b) above, is contingent to the candidate passing the general qualifying examination for lower Group – ‘C’ posts, along with other CG applicants, and in the first attempt.
Analogous procedure / protocol as cited in para above be followed for considering CGA into Level-7 into the other eligible categories where DR is permissible, including those categories mentioned at para-iv above.
(E(NG)II/2018/RR-1/31 dated 30.12.2019) (RBE No. 217/2019) and (E(NG)II/2022/RC-1/19 dated 23.08.2022 ) (RBE No. 101/2022)
v. Other general norms to be followed:
(a) All candidates for compassionate ground appointment are eligible to be considered for vacancies of all departments including that of Security department.
(b) All instructions issued by Establishment (Non-Gazetted) Directorate for appointment on compassionate grounds will ipso facto apply in cases of compassionate ground appointments of ward/spouse of Ex-RPF/RPSF personnel.
(c) For candidates being considered for appointment in Security department, they will have to undergo physical measurement and physical efficiency tests as per para 5 of letter No. 1988/Sec.(E)/RC-3/43/POL dated 12.7.2011.
(d) Approval for compassionate ground appointment in Grade pay Rs. 4200/- in Security department will be done with the personal approval of General Manager which is not to be delegated further.
(E(NG)II/2012/RC-1/Genl./12 dated 29.05.2012)
vi. Compassionate ground appointment to the wife/wards/ dependents of partially medically de-categorised staff who seeks voluntary retirement may be given subject to the following provision;-
(a) The appointment will be given only in the eligible Group ‘D’ categories. ‘Eligible’ would mean that in case Group ‘D’ recruitment is banned for any particular category, the same would also apply for the compassionate ground appointments.
(b) Such an appointment should only be given in case of employees who are declared partially decategorised at a time when they have atleast 5 years or more service left.
(c) CMD of the Railways should keep a watch over the trend of de-categorisation so that the present figures do not get inflated. CMD should also get 10% partially de categorised cases re-examined by another medical Board not belonging to Divisional Hospital which initially declared them unfit.
All those employees medically decategorised after issuance of Board’s letter No. E(NG)II/95/RC-1/94 dated 18.01.2000 will also be covered under these instructions.
However, such cases which have already been finalized in terms of Board’s letters No. E(NG)II/95/RC-1/94 dated 18.01.2000; 10.11.2000 and No. E(NG)ll/2000/RC-1/Genl/17 dated 06.03.2002 & 26.05.2004 need not be re-opened.
While considering such requests for compassionate ground appointment the General Manager should satisfy himself on the basis of a balanced and objective assessment of the financial & other conditions of the family, that the grounds for compassionate ground appointment in each such case, is justified (Board’s letter No. E(NG)II/98//RC-1/64 dated 28.07.2000 refers).
(E(NG)II/95/RC-1/94 dated 14.06.2006 ( RBE 78/2006) )
6. PROCEDURE TO BE FOLLOWED BEFORE MAKING COMPASSIONATE APPOINTMENT:
(A) Suitability Test:-
(i) The candidates applying for appointments on compassionate grounds should be subjected to a suitability test by a committee of three Senior Scale Officers one of whom should be a Personnel Officer. The suitability of those proposed to be appointed on compassionate grounds should be properly assessed by an appropriate test. In case the candidate has the necessary minimum qualifications for employment in a Group ‘C’ posts in the order of suitability, should be judged and recorded by the screening committee, which should also clearly indicate the categories for which the candidate has not been considered suitable. Final offer of appointment will, however, be subject to the availability of vacancies, passing of medical examination, production of necessary certificates etc.
[E(NG)II/88/RC-1/1/Policy dated 02.11.89 (RBE No. 234/1989) and E(NG)II/88/RC-1/1/Policy dated 16.05.1991 (RBE No. 102/1991)]
(ii) Number of Chances: –
Maximum of three chances to the wards and four chances may be given to widow/wife commensurate with their educational qualification to the post and suitability may be adjudged accordingly. Second chance should be given as a rule and uniformly followed. 2nd chance to wards and widow should be given with the approval of competent authority (DRMs/HODs/CWMs as the case may be. However, 3rd chance to ward/widow/ wife and 4th chance to widow/wife will require personal approval of the General Manager.
(iii) Transfer of CGA cases:-
a) Transfer of CGA cases from one Railway to other Railway:-In case a request has been received from the candidate for appointment on other Railway, his/her case may be transferred along with all relevant papers to that Railway. Assessment of suitability may be done by the Railway where the candidate is to be appointed.
b) Transfer of CGA cases from one Division/Workshop to other Division/Workshop:- for smooth finalization of the compassionate grounds appointments, that DRM/CWM may transfer such cases complete in all respect to the Division/Workshop from their Division/Workshop directly without routing them through Headquarters of Zonal Railways, where the candidate desires to be appointed. It is also advised that admissibility of compassionate ground appointment may be examined at parent Division/Workshop of the ex. Railway servant. All other appointment processes to be duly completed at the accepting unit.
(E(NG)II/2018/RC-1/Genl/17 dated 07.06.2018) (RBE No. 81/2018) & (E(NG)II/2018/RC-1/30 dated 06.09.2018) (RBE No. 134/2018))
(iv) Candidates provisionally appointed on compassionate grounds, in Ministerial cadres (as Junior Clerk or Senior Clerk) who fail to acquire type writing proficiency in the stipulated period, may be shifted to Non-Ministerial and Non-Commercial Cadre. These conditions should be mentioned in the letter of appointment.
(E(NG)II/94/RC-1/35 dated 29.04.2014) (RBE No. 41/2014)
(v) Additional (second) chance for passing aptitude test is allowed to compassionate ground appointees for post of Assistant Station Master and Assistant Loco Pilot, after a gap of three months, in exceptional cases based on merits of each case.
(E(NG)II/2006/RC-1/Genl./9 dated 14.05.2010) (RBE No. 74/2010)
(vi) When any compassionate appointment is made as Junior Accounts Assistants, the Railway Administrations should invariable include a clause in the relevant appointment letter about passing Appendix II Examination within three years as per normal rules, falling which the person so appointed on compassionate grounds would be reverted to Accounts Clerk.
(No. E(NG)II/88/RC-1/141 dated 08.03.1990)
(vii) Cases which are covered in terms of stipulation made vide letter No. E(NG)II/83/RC-1/68 dated 07.12.1983, may now be decided by the General Managers at their personal level only with the prior personal concurrence of the FA&CAO (not to be delegated further) concerned. In rare and exceptional cases, while agreeing to fixation of initial pay at a higher stage than that normally admissible, it must be ensured that valid and strong justification exist for such an action.
(E(NG)II/98/RC-1/64 dated 31.05.2011 (RBE 77/2011) & E(NG)II/2011/RC-1/SR/20 dated 14.09.2011)
(C) Responsibility of Railway Administration in the case of CGA:-
i. The Railway Administration/Production Units etc. should ensure that proper guidance is given to the families/applicants regarding the formalities to be completed for compassionate appointment.
ii.
a. For the above, among other things, a brochure giving an outline of the procedure including a checklist of all the documents to be attached to the application for compassionate appointment should be prepared by each Railway /Production Unit etc.
b. A register should be maintained by the Welfare Wing in each Division/Unit etc., containing detailed particulars of the deceased employees including the date on which the children of the deceased would attain the age of majority, etc. One column in the register should invariably indicate the file number opened for the case.
c. The Welfare Wing should intimate the widow/the family enclosing a copy of the brochure as at (ii) (a) above and bringing out among other things that in case the appointment is sought for the son/daughter who is minor at the time of death of the employee, application for appointment must be submitted immediately after the candidate attains the age of majority and, in any case, well within the prescribed time limit for submitting such application. Further, in case, the widow of deceased employee whose dependent ward is minor at the time of death is not sufficiently educated to grasp the import of contents of brochure, Welfare Section should take up the responsibility of getting the form filled along with entire documentation, so that spirit of compassionate appointment is not lost.
iii. As the Railways Administrations are aware, the very purpose of compassionate appointment is to provide immediate financial assistance to the bereaved family and if the offer of appointment is delayed, the object of the scheme is defeated. It is, therefore necessary that concerted efforts should be made by the Administration to ensure that compassionate appointment cases are processed at the earliest so that eligible and suitable candidates get appointment without delay.
[E(NG)II/92/RC-1/112 dated 22.11.94) (RBE No. 101/1994), E(NG)II/2000/RC-1/Genl/8 dated 06.04.2000 and E(NG)II/2017/RC-1/23 dated 01.02.2023 (RBE No. 21/2023) ]
iv. It is not necessary that the ward of a Group ‘D’ employee should be appointed on a group ‘D’ post only. If such a ward possesses the required qualification prescribed for Group ‘C’ posts and is also adjudged suitable for the post he should be considered for such Group ‘C’ posts.
(E(NG)II/84/RC-1/174 dated 25.06.85 and E(NG)II/95/RC-1/94 dated 14.06.2006.)
v. CPOs at the Headquarter level/Heads of the Personnel Branch in other units, Sr. DPO/DPO at Divisional level should ensure that procedure laid down to deal cases of compassionate appointment are strictly adhered to.
(E(NG))/2015/RC-1/21 dated 18.09.2015)
vi. The object of the scheme of providing appointment on compassionate grounds to an eligible family member of Railway employee, who dies in harness or is retired on being totally medically incapacitated, is to relieve the dependent family members from financial distress caused by the death. It is therefore, incumbent on the part of a person appointed on compassionate grounds to look after the other family members who were wholly dependent on the ex-employee for their sustenance. Therefore, any person being considered for appointment on compassionate ground, should give an undertaking in writing that he/she will maintain properly the other family members who have been dependent on the Railway employee and in case it is proved subsequently that the family members are being neglected or are not being properly maintained by him/her, his/her appointment may be terminated forthwith. For this purpose, the details of the dependent family members may be obtained and kept on record at the time the request for compassionate appointment is made.
(E(NG)II/99/RC-1/Genl./19 dated 22.08.2000) (RBE No. 153/2000)
vii. When offering appointment on compassionate grounds to a widow, son, daughter, etc. it need not be checked whether another son, daughter is already working; but in no case should there be more than one appointment against one death/medical incapacitation. For example, it should not be permitted where the family wants another son or daughter to be employed in lieu or in addition to an appointment already made on compassionate grounds.
(No. E(NG)II/78/RC-1/1 dated 07.04.1983).
7. AUTHORITY COMPETENT TO MAKE APPOINTMENTS ON COMPASSIONATE GROUNDS
i. DRMs/CWMs/HODs may consider appointment on Compassionate grounds up to Level- 6 of 7th CPC Pay Matrix. However, General Managers’ power to consider case of Level-7 of 7th CPC Pay Matrix will remain the same.
(E(NG)II/1998/RC-1/64 dated 27.11.2018) (RBE No. 180/2018)
ii. Only GM/Railways has the power to appoint married/ divorcee/window daughter of a Railway servant who die in harness or retire on medical unfitness as contained in Board’s letter issued under RBE No. 224/2001.
(E(NG)II/2018/RC-1/ER/27 dated 20.08.2018)
iii. It is well within the competence of the DRM/CWM in their respective domains to make changes in the allotted category for compassionate appointment before the candidate undergoes preceding appointment formalities subject to candidate’s suitability to the posts.
In case of compassionate ground appointment, category allotted to a candidate could be considered for change only before a candidate accepts the offer of appointment and goes for medical examination. Once the candidate accepts the offer of appointment and goes for medical examination then change of category should be done either on account of medical unfitness or by an authority higher than the one who has decided the category of allotment.
(E(NG)II/2007/RC-1/Genl/13 dated 07.08.2009)
8. PRIORITIES TO BE OBSERVED IN MAKING APPOINTMENT ON COMPASSIONATE GROUNDS:
(a) The following should be the order of priority to be followed while making appointments on compassionate grounds:-
(i) Dependents of employees who die or are permanently crippled in the course of duty. For the dependents of employees who die or are permanently crippled in the course of duty, there should be no restriction on offering him/her clerical post and this power is hereby delegated to DRMs/CWMs solely for the dependants of employees who die or permanently crippled in the course of duty.
(E(NG)II/2018/RC-1/44 pt. dated 27.11.2018) (RBE No. 181/2018)
(ii) Dependents of employees who die in harness as a result of Railway or other accidents when off duty.
(iii) Dependents of employees who:
(a) Die in service or are totally incapacitated while in service irrespective of the period of service left to reach the age of superannuation or of earning retirement benefits in full, or
(b) Are medically decategorised with less than 30 years of qualifying service for pensionary benefits/30 years of service for SC to PF.
(iv) Dependents of employees who are medically decategorised with 30 years or more of qualifying service for pensionary benefits / 30 years 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 be maintained in each office, for the categories indicated above, the date of priority being from the date of eligibility. All appointments should be made strictly in this order. Where, for any special reasons, it is felt necessary to depart from the priority list, the sanction of the next higher authority (Chief Personnel officer- for appointments to Group ‘C’ posts) must be obtained giving details for ignoring the priority and the list of persons being put back in priority list. Such cases should, however, be rare.
(c) Where a candidate for compassionate appointment is eligible and is also adjudged suitable for a post in Group ‘C; but for want of a vacancy in Group ‘C’ he is offered appointment in Group ‘D’ which he accepts, his case may be considered for appointment in a vacancy in a Group ‘C’ post as soon as suitable vacancy arises therein. Such a candidate will have preference for appointment in a 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 authority. In such cases, a specific record, with the approval of the competent authority should be kept to the effect that the candidate was selected for a Group ‘C’ post but appointed to a Group ‘D’ post for want of a vacancy in Group ‘C’ because the candidate needs employment immediately and that he will be considered for a vacancy in Group ‘C’ as early as possible when a vacancy arises therein subject to his being found medically fit for the post for which he is considered.
(d) A time limit of one month should be observed within which appointments should be given in priority (i) cases and three months in cases relating to priority (ii), (iii) and (iv) subject to vacancies being available.
(No. E(NG)III/78/RC-1/1 dated 07.04.1983)
9. RELAXATION
Wherever any deviation from the above provisions is sought to be made in individual cases of merit, the prior approval of the Ministry of Railways should be obtained and in such cases, personal approval of the General Manager should be indicated in the references. Detailed particulars are to be furnished in the prescribed proforma. (No. E(NG)II/87 /RC-1/143 dated 19.04.88 & 07.08.90)
10. GENERAL
(a) While referring to this circular, the original letters referred to herein should be read for a proper appreciation. This circular is only a consolidation of the instructions issued so far and should not be treated as substitution to the originals. In case of doubt, the original circular should be relied upon as authority.
(b) The instructions contained in the original circulars referred to have only prospective effect from the date of issue unless specifically indicated otherwise in the concerned circulars. For dealing with old cases, the instructions in force at the relevant time should be referred to.
(c) If any circular on the subject, which has not been superseded, has not been taken into consideration while preparing this Compendium, any circular, which has been missed through oversight should be treated as valid and operative. Such a missing circular, if any may be brought to the notice of the Railway Board.
(d) In case, if there is any conflict between English version and Hindi version of the Compendium, English version shall prevail over the Hindi version.
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COMMENTS