GENERAL ADMINISTRATION (SER.A) DEPT.
Cir.Memo.No. 60681/Ser.A/2003-1, Dated: 12-08-2003
Sub: Public Services - Compassionate Appointments – Compassionate appointments to the dependents of deceased Government Employees - Existing instructions consolidated - Communicated.
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The Scheme of compassionate appointment to the dependents of deceased Government employees is in force as per the orders issued in G.O.Ms.No.687, General Administration (Ser.A) Department, dated 03.10.1977. Instructions / Clarifications / Further orders were issued from time to time in the matter. A Handbook (Booklet No.3) containing various orders issued is prepared and communicated.
2. It is now considered desirable to communicate a summary of the orders / instructions on the scheme of compassionate appointments to the dependents of the deceased Government Employees for use of all concerned. Accordingly, a comprehensive note on the Scheme of compassionate appointment to the dependents of the deceased government employees, is enclosed.
B. ARAVINDA REDDY
Secretary to Government (Ser.)
THE SCHEME OF COMPSSIONATE A PPOINTMENT TO THE DEPENDENTS OF GOVERNMENT EMPLOYEES WHO DIED IN HARNESS AND WHO ARE FOUND MISSING AND WHERE ABOUTS NOT KNOWN.
I. THE OBJECTIVE OF THE COMPASSIONATE APPOINTMENT SCHEME:
The Scheme of compassionate appointment is a social security measure to help families of deceased Government employees.
Under the scheme, the following are eligible for appointment to a job in Government Service.
i) One of the dependent family members of the deceased government employee who die in harness, there being no other earning member in the family.
ii) One of the dependents of the Government employee, who has disappeared and whose whereabouts are not known for more than 7 (seven) years, subject to the following conditions:
a) A request for grant of the benefit of compassionate appointments can be considered only after a lapse of 7 (seven) years from the date from which the Government servant has been missing, provided that:
i) An FIR (First Information Report) to this effect has been lodged with the police:
ii) The police report shall certify that the missing Government employee is not traceable: and
iii) the competent authority feels that the case is genuine:
b) This benefit shall not be applicable to the case of a Government servant: -
i) Who had less than 7 (seven) years to retire on the date from which the FIR is filed: and / or
ii) Who is suspected to have committed, framed or suspected to have joined any terrorist / extremist organisation or suspected to have gone abroad.
c) While considering the request for compassionate appointment the result of the police investigation shall also be taken into account.
d) Applications for compassionate appointment from the dependents of such missing Government employees shall be entertained within a period of one year from the date of completion of 7 (Seven) years from the date of filing FIR with police.
e) A decision on any such request for compassionate appointment shall be taken only at the level of the Secretary to Government of the respective administrative Department concerned and only after receipt of the approval from the concerned Secretary to Government, the respective appointing authorities shall issue necessary orders to appoint the eligible dependent of such missing Government employee as per the existing instructions on the scheme of compassionate appointments to the dependents of deceased Government employees in addition to the above conditions, if there is a vacancy readily available in the department.
f) A bond shall be obtained from the dependent of such missing Government employee, whose whereabouts are not known for more than 7 (Seven) years that in the event of appearance of such missing Government employee at a later date or proved that such missing Government employee is alive anywhere, the services of the persons so appointed are liable for termination.
II. DEPENDENT FAMILY MEMBER MEANS:-
(a) Spouse, (b) Son / Daughter of regular Govt. employees
i) In the family of the deceased government employee, if the son who is employed is separated from the family and if the family is without an earning member the spouse / son / daughter out of the remaining family may be considered for compassionate appointment.
ii) The adopted son or daughter of the deceased Government servant may be considered for appointment, if the adoption had taken place legally, atleast five years prior to the date of demise of the Government Servant.
When there is only a married daughter to the deceased Government employee without older or younger brothers or sisters and the spouse of the deceased Government employee is not willing to avail the compassionate appointment, such married daughter may be considered for compassionate appointment, provided she is dependent on the deceased Government employee.
Where the unmarried daughter of the deceased employee who is otherwise eligible on the date of the death of the deceased government employee and she is also eligible as an unmarried daughter the day she has applied for compassionate appointment but subsequently gets married before she could be appointed due to administrative delays in issuing the appointment orders, such married daughter of the deceased Government employee is eligible for compassionate appointment provided she applied for the post within the prescribed time limit before her marriage and subject to satisfying other conditions and instructions issued on the scheme from time to time.
Where the deceased employee does not have any male child but leaves behind him a married daughter and an unmarried minor daughter, the choice of selecting one of them for appointment under the social security scheme shall be left to the mother.
(c) In case of Un-Married Government Employee. The Younger brother / sister of the deceased Government servant who remained unmarried. A widow appointed on compassionate grounds will be allowed to continue in service even after re-marriage.
III. POST TO WHICH THE APPOINTMENTS CAN BE MADE:
Appointment under the scheme can be made to the post of Junior Assistant or for any other category of posts whose pay is equal or less than that of Junior Assistant. If this condition is satisfied the appointments can be made for the post such as Police Constable in Police Department, Excise Constables in Excise Department, Helper Grade-I and Grade-II in Forest Department, Leading fireman / Firemen in Fire Service Department.
IV. NATURE OF APPOINTMENT:
The temporary appointment of a spouse or any dependent of a deceased Government servant can be considered for regular appointment without subjecting them to the normal process of recruitment as provided in the relevant recruitment rules provided such family members of the deceased servant satisfy other conditions of recruitment prescribed in the rules such as age and educational qualification However;
a) a formal notification of vacancy may be made to the Employment Exchange;
b) after filling up the vacancy, the appointing authority will furnish all relevant particulars of the candidate to the Employment Exchange.
c) Such appointments should be made under intimation to the Director, Employment and Training excepting in case of High Court.
These appointments are outside the purview of District Selection Committees / Andhra Pradesh Public Service Commission.
The application for appointment shall be submitted by the dependents within one year from the date of demise of the Government Employee.
In case the dependent children are minors, below 18 years of age, if such minors attain the age of 18 years within two years from the date of death, the application for appointment will be considered for compassionate appointment.
As the Scheme of compassionate appointment is to provide immediate relief to the family in distress of deceased government employee, orders on re-deployment of surplus manpower or any ban on recruitment are not applicable for the appointment made under the compassionate appointment scheme.
If the dependent of the deceased government employee is Women, she may be considered for compassionate appointment anywhere in the State, where she feel secured.
V. THE COMPETENT AUTHORITY:
The appointing authority is the competent authority to make appointments.
VI. ELIGIBILITY:
a) The maximum age limit shall be 33 years for Open Category, and for Scheduled Caste / Scheduled Tribe/ Backward Classes 5 (Five) years age concession shall be given.
b) The qualifications as prescribed in the Rules for the post for which the compassionate appointment is made;
c) The eligibility of the candidate in terms of his/ her educational qualification has to be reckoned with the date of application of the dependent of the deceased Government Employee for appointment, as the applications for appointment from such persons shall be entertained within a period of one year from the date of occurrence of the death of Government servant.
d) The spouse of the deceased employee may be appointed initially on temporary basis by the appointing authority after being allotted by the nodal agency concerned and if such an appointment requires relaxation of age, necessary proposal should be sent to the administrative department concerned in Government for taking further action for relaxation of the age rule.
VII. APPOINTMENTS SUBJECT TO ACQUIRING QUALIFICATION:
A minimum period of 3 years to acquire Intermediate qualification and 5 years for acquisition of Degree qualification be allowed in respect of candidates appointed to the posts of Junior Assistants in the Subordinate Offices and Heads of Departments and Secretariat Departments as the case may be. The period should be reckoned from the date of appointment of the individual concerned.
A further period of 2 years as grace period will be allowed to acquire the academic / Technical qualification.
If the candidate could not acquire the prescribed qualification within the time allowed, he/ she will be considered for appointment to the lower post, on the request of the individual, otherwise, will be discharged from service.
VIII. PROCEDURE TO BE FOLLOWED:
The compassionate appointment shall be in the unit of appointment wherein the deceased employee was working.
If there is no vacancy, such cases shall be sent to the District Collector who is the Nodal Authority to make compassionate appointment and for allotment of candidates to any of the Departments at the District Level.
The District Collectors are empowered to create supernumerary posts to an extent of 5 posts to consider compassionate appointment in a Calendar Year, when there are no vacancies in any of the Departments at District Level.
In respect of the Heads of Department in twin cities, the creation of the Supernumerary post will be considered by the General Administration (IC) Department.
i) The supernumerary shall be created in the unit of appointment of the Department concerned. Wherein the deceased employee was working, and, in whose case, the compassionate appointment could not be made. In case of necessity for creation of supernumerary post over and above the limit of 5 posts the District Collector may send a proposal to the concerned administrative department in Secretariat with full details.
ii) The compassionate appointment shall be against direct recruitment quota. If the dependent of the deceased government employee happens to be a non-local such persons shall be appointed in the non-local quota as per the Presidential Order as per the Six Point Formula.
iii) Cases of appointment of dependents (spouse, son and unmarried daughter) of the deceased Government employees to posts included in the A.P. Last Grade Service involving relaxation of age, educational qualifications etc. need not be referred to Government in future. The appointing authority is authorised to make purely temporary appointments in the above cases. The regular appointments in these cases would, however, be made only after the relevant rules wherever necessary are relaxed in favour of the concerned individuals by the concerned Head of the Department.
iv) The rule of reservation as per Rule 2-2 of Andhra Pradesh State and Subordinate Service Rules shall be followed.
The O.C. vacancy available, can be utilised for appointing the SC / ST I BC candidates under the scheme of compassionate appointments to the dependents of deceased Government employees even if there are no vacancies available for these reserved categories as per the roster instead of creating supernumerary posts. The supernumerary post has to be created only in the absence of the vacancy meant for O.C. category. Similarly in case of OC / SC / ST/ BC candidates, if there is no immediate vacancy for that particular community and if O.C. vacancies are available in the roster after certain reserved category vacancies, such O.C vacancies can be utilised, by-passing the immediate SC / ST/ BC vacancies for accommodating and appointing the OC / SC / ST / BC candidate under the scheme of compassionate appointments.
IX. PAYMENT OF EXGRATIA:
The quantum of Ex-gratia to be paid to the distressed family of a deceased employee where the relief by way of appointment of the dependents cannot be considered to the widow, dependent of the deceased employee, as the case may be is indicated below:
Class-IV employees -- Rs.20,000/-
Non-Gazetted Officers -- Rs. 30,000/-
Gazetted Officers -- Rs. 40,000/-
The Ex-gratia mentioned above should be sanctioned, only in cases of death in harness and where the family has no other earning member in the family and no suitable person for appointment under the scheme of compassionate appointments is available. The children should be minors and the spouse / or any other dependent does not avail compassionate appointment. The amount should be drawn and disbursed by the Drawing Officer of the concerned Office in which the deceased Government servant worked.
X. UNDERTAKING:
In the offer of appointment on Compassionate grounds to the dependents of deceased Government employees the following condition, among others, should be incorporated "An undertaking in writing should be given that he / she (the person appointed) will maintain properly the other family members who were dependent on the Government servant ( deceased Government employee / Government Employee who retired on medical invalidation) and in case it is proved subsequently (at any time) that the family members are being neglected or are not being maintained properly by him / her the appointment may be terminated forthwith".
The appointment on Compassionate grounds can be terminated on the ground of noncompliance of any conditions stated in the offer of appointment after providing an opportunity to the compassionate appointee by way of issue of show cause notice asking him / her to explain why his / her services should not be terminated for noncompliance of the condition in the offer of appointment and it is not necessary to follow the procedure prescribed in the Andhra Pradesh Civil Services (Classification Control and Appeal) Rules / Andhra Pradesh State and Subordinate Service Rules or any rules in force.
The power of termination of services for non-compliance of the conditions in the offer of compassionate appointments shall be exercised by the Secretary to Government of the administrative Department concerned in respect of appointments in the Department of Secretariat or the Head of the Department in the case of other offices.
B. ARAVINDA REDDY
Secretary to Government (Ser.)
