General Clarifications on the concept of Compassionate Appointments

For: Compassionate Appointment Scheme was formulated long years ago say in 1950s.
It is to give appointment on compassionate grounds to a Government servant’s dependent
family member. The government servant who died in harness or who got retired due to
medical reasons. In such cases, wherein the family is in a difficult condition even to
survive, the government allots job – job on compassionate basis. In brief, Compassionate
Appointment is like a boon to the Government servant’s dependents in the challenging
life to deal with financial difficulties.

Who can make this appointment?: 1. Joint Secretary incharge of administration in the
Ministry/ Department concerned.

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

3. Ministry/ Department’s Secretary in special types of cases.

Such appointments can be made to which posts?: Group ‘C’ or Group ‘D’ against the
direct recruitment quota.

Eligibility: 1. The government servant’s family should be needy and deserves immediate
help for relief from financial challenges.

2. Compassionate Appointment’s applicant should be eligible and suitable for the post as
per the applicable Recruitment Rules.

Some exemptions from observance of some requirements: 1. Recruitment Process –

without the Staff Selection Commission/ the Employment Exchange.

2. Clearance from Surplus Cell of the Department of Personnel & Training/ Directorate
General of Employment & Training.

3. Orders banning filling up of posts expressed by the Finance Ministry.

Age Criteria: Upper age limit could be made flexible whenever seen to be necessary.
The lower age limit is in no way be relaxed below 18 years. Compassionate Appointment
scheme may be kept on hold till minor becomes major.

It should be marked that the age eligibility shall be decided with reference to the
application date and not the appointment date.

Widow case: Widow, getting appointed on compassionate ground to Group ‘D’ post, will
be exempted from having the educational qualifications specified in the applicable rules,
providing the post’s duties can be convincingly executed by the widow without
possessing such educational qualifications.
Availability of Vacancies: 1. Compassionate Appointment is only on regular basis and
only if such vacancies designed for that reason is present. Hence, Compassionate
Appointment scheme will not be applicable to the deceased’s dependants wherein the
deceased was on daily wage/ casual/ ad hoc/ contract/ re-employment/ extension/
consultant grounds.

2. Such appointment’s can be created up to 5% vacancies coming under direct

recruitment portion in any group ‘C’ or ‘D’ post.

Individual nominated for Compassionate Appointment should be adjusted in the

recruitment table against the proper category like SC/ST/OBC/General as per the type to
which the individual belongs.

3. The border line of 5% of direct recruitment vacancies for creating Compassionate

Appointment should not be crossed against any other vacancy, for example – Sports
quota.

4. This employment is not limited to the Ministry/ place where deceased or medically
retired government servant had been. This employment can be anywhere under the
Government of India subjecting to presence of a suitable employment created for
Compassionate Appointment.

5. In case if there are not sufficient openings to appoint the individuals present in the
Compassionate Appointment’s waiting list, the administrative authorities can take up the
matter with the government’s other departments to allot appointment sooner.

Delayed Requests for Compassionate Appointment: Authorities can take into account
Compassionate Appointment requests even when the government servant’s death/
retirement on medical reasons had happened long back like five years. However, the
Compassionate Appointment’s basis should be strictly examined.

What if the widow is thinking for re-marriage?: A widow, joining on Compassionate

Appointment, can continue to work even after her second marriage.

What if there is an earner in the family?: 1. In such needy cases, a dependent family
member may be considered for Compassionate Appointment with the concerned
Ministry’s prior consent, who will cross check if the grant of Compassionate
Appointment is justified.

It is vital to note that the person getting employed on Compassionate Appointment

ground should support other members of the family.

2. Cases wherein any family member of the deceased/ medically retired government
servant is in employment already and that family member is not looking after the
deceased’s other family members, extreme steps to be followed in order to stop
Compassionate Appointment from getting misused.

Mark: Compassionate Appointment scheme will provide benefit only if no serving

member of the family holds any regular job in the state government.

What if the Government Servant is missing?: This state is also covered under
Compassionate Appointment Scheme. But, there are some conditions too: 1.
Compassionate Appointment request can be heeded only after a lapse of atleast 2 years
from the date from when the government servant has been missing, including that
a. FIR for that missing person has been lodged
b. Missing person is not getting found
c. Concerned authority feels that the case is not fake.

2. Exceptions to this scheme-benefit:

a. Government servant had less than 2 years to be retired on the date from which he has
been untraced
b. Servant is doubted to commit fraud or doubted to have gone far-abroad or
c. Doubted to have become a terrorist member.

3. Compassionate Appointment in the case of a missing government servant would not be

a matter of right. Also, it will be a conditional one, involving the vacancy availability.

4. Police investigations are taken into account at the time of considering request for
Compassionate Appointment.

5. Decision on any such Compassionate Appointment request should be taken only at the
level of the Secretary of the concerned Ministry/ Department.

Procedures to be followed in Compassionate Appointment cases: Like applying,

personal interview and so on.

What about Undertaking?: It is necessary for an applicant to give an undertaking

stating that the applicant will look after the other family members properly and if it is
found that family members are not being maintained properly by the applicant, the
applicant’s appointment may be terminated immediately-without much enquiry.

Whether Transferable?: A Compassionate Appointment cannot be transferred to any

other individual.

How many family members will be covered by Compassionate Appointment

scheme?: Only one member.

Relating Disputes where to be referred?: Department of Personnel and Administrative

Reforms is in charge to look after the issues pertaining to Compassionate Appointments.
Earlier and even at present many people think that only unmarried daughters are eligible
to apply for Compassionate Appointment. However, the surprise is even married
daughters are entitled to get jobs on Compassionate Appointments as not hiring them on
this ground is not Constitutionally valid. It is violative of Article 16 (2) of The
Constitution Of India 1949 which states - No citizen shall, on grounds only of religion,
race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or
discriminated against in respect or, any employment or office under the State.

Calcutta High Court had stated “A daughter undoubtedly acquires a new relationship on
marriage. She does not however lose the old relationship; she remains a daughter. Once a
daughter always a daughter: she is a daughter before, during and after marriage.”

The HC noted that it is not correct saying that once the daughter gets married, the
dependency factor totally goes.

Hope that the aid of Compassionate Appointment be maintained by the concerned

authorities and the misuse of it is in no way into the picture.