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Tuesday, 30 January 2024

CGA 30.04.1979

Appointment on compassionate grounds. 

In supersession of all previous instructions on the subject, the Ministry of Railways have decided that cases for appointment on compassionate grounds should be dealt with keeping the following instructions in view:- 

(1) Dependent relatives of those Railway employees who 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) e.g. loco and traffic running staff in charge of trains involved in accidents should be compensated for the loss of their support by offering them appointment. The definition of dependent for this purpose will be the same as for Pass Rules. Where no such dependent with necessary qualifications for employment is available, appointment may be offered under the personal orders of the GM, to a nephew or another relative who can be expected to function as the bread-winner of the family. 

(2) Appointments on compassionate grounds can also be made in the case of staff who dies in harness but in such cases it should be restricted to a son/ daughter/ widow of the employees. 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. Such cases should be kept pending only for 5 years after which the claim will lapse. However, in cases coming under priority (4)(i) below, if an ‘appointment could not be made within five years due to the son/ daughter being minor, the GM may personally authorize relaxation of the 5 years limit in deserving cases. 

(3) The appointments on compassionate grounds may also be offered in cases where the employees while in service become crippled, develop serious ailments like heart diseases, cancer, etc. or otherwise become medically de-categorized for the job they are holding. If no alternative job with the same emoluments can be offered to them, one son/ daughter should be eligible for compassionate appointment if such an employee opts to retire. 

(4) The following should be order of priority to be followed while offering appointment on compassionate grounds:- (i) Dependents of employees who die or are permanently crippled in the course of duty; (ii) Dependents of employees who die in harness as a result of Railway accidents when off duty; and (iii) Dependents of employees who die in service or are medically incapacitated. 

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

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

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

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

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

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

 (12) In the cases of appointment of Group ‘C’ posts the powers may be exercised by the CPOs in consultation with the Head of Department concerned. In the case of Group ‘D’ posts the powers to make such appointments should be delegated to the Divisional Superintendents/ Divisional Railway Managers. Statistics of such appointments offered or denied should be maintained by the Headquarters’ office. 

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

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

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