Friday, August 27, 2021

Compassionate Appointment(Consolidated Instructions) -Replacement of Para 13-reg

 F. No, 43019/9/2019-Estt.(D)

Government of India

Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
***

North Block, New Delhi,
Dated the 23 August, 2021

Office Memorandum

Sub: - Consolidated instructions on compassionate appointment - Replacement of Para 13 -regarding.

The undersigned is directed to say that consolidated instructions on compassionate appointment under the Central Government were issued vide this Department's O.M. No. 140] 4/2/2012-Estt. (D) dated 16,1.2013. Para 13 of these consolidated instructions provides guidelines to the competent authorities in Ministries/Departments for dealing with requests/ applications seeking appointment on compassionate grounds and disposal of such requests/ applications thereof by the Ministries/Departments.

2. References have been received from different Ministries/ Departments relating to the procedure and modalities involved in processing claims of compassionate appointment. The lack of uniformity in processing such claims by different Government offices, has also come under scrutiny of the Courts. including Central Administrative Tribunals. As a result, a need has been fell to bring in more objectivity and transparency as well as streamline the process in dealing with requests/Applications seeking compassionate appointment. The Hon‘ble Jabalpur Bench of the Central Administrative Tribunal, in its Order dated 26.9.2019, in O.A. No. 202/00756/2017 of Deepanshu Raje v/s Union of India & Others. inter- alia, directed Secretary, Department of Personnel and Training, to issue revised guidelines, so as to bring in more transparency and probity in the system in processing the claims of Compassionate Appointment.

3. Therefore, after careful examination, the procedure, as provided in O.M. dated 16.1.2013. has been reviewed in consultation with the major stakeholder Ministries/Departments. Accordingly. it has been decided to substitute existing Para 13 of the consolidated instructions (OM dated 16.1.2013), with revised Para 13 given in Appendix.

4. All Ministries/Departments may circulate these revised instructions to all offices under their administrative control and also issue. wherever necessary. departmental instructions for supplementing these guidelines, for dealing with requests/applications seeking appointment on compassionate grounds.

(Pradeep Kumar)
Under Secretary to the Govt. of India
Tel. No. 23040339

 

To,

All Ministries/Department of Government of India (as per standard list)


Copy to

1.   President’s Secretariat/Vice-President’s Secretariat/Prime Minister’s Office/Cabinet Secretariat/Rajya Sabha Secretariat/Lok Sabha Secretariat/UPSC/CVC/C&AG/SSC, New Delhi.

2.   The Registrar General, Supreme Court of India, New Delhi.

3.   The Registrar, Central Administrative Tribunal, Principal Bench, New Delhi.

4.   Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-1 10067.

5.   All attached/subordinate offices of Ministry of Personnel, Public Grievances and Pensions.

6.   National Commission for Scheduled Castes/Scheduled Tribes, New Delhi.

7.   National Commission for Minorities, New Delhi.

8.   National Commission for OBCs, New Delhi.

9.   Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi

10.                   All Officers and Sections in the Department of Personnel and Training.

11.                    NIC (DOP&T) for placing this OM on the website of DOP&T

12.                    Hindi Section, DOPT for Hindi version. Pradeep a

(Pradeep Kumar)

Under Secretary to the Government of India


APPENDIX TO O.M.N.o 43019/9/2019-Estt.(D) DATED 23rd August, 2021

 

13. PROCEDURE (existing para 13 of OM dated 16.1.2013 stands substituted as follows)

1.   The Welfare Officer in each Ministry/Department/Office or a senior officer may be deputed to meet the family members of the deceased Government Servant and apprise them of the terminal benefits available to the family. This may be done at the earliest possible, preferably, within 30 days of death.

2.   In case it is observed by the Welfare Officer/Senior Officer that the condition of the family of the deceased Govt Servant is indigent, the family should also be apprised of the scheme for compassionate appointment.

3.   In such cases, the Welfare Officer or any other Officer would assist the family member of the deceased Government servant in applying for appointment on compassionate grounds. The application should be made in the format prescribed as in Annexure. All assistance should be extended to enable such family member to fill the Application Form for  compassionate appointment, The Applicant should be advised in person about the requirements and formalities to be completed by him. The Applicant should also be given detailed information of the posts to which they can apply.

4. The Administration shall satisfy itself regarding the correctness of the details entered in the Application form and family income and other details computed for processing the Application. During scrutiny, if any additional details or information having a bearing on the case, emerge, the same should be added as supplementary Note to the Application.

5. Every application found to be in order, should be acknowledged by assigning a unique Registration number. All pending Applications should also be assigned unique registration number. This may be done within 2 to 3 weeks of time. Once a unique registration number has been assigned to an application, the Applicant, including those whose applications are pending, may be informed through email or other forms of communication (including digital modes of communication) of their Unique Application Registration Number.

6.   Some Departments such as CBIC, D/o Posts, D/o Defence have devised their own point based merit system, for processing claims for compassionate appointment. In order to bring in transparency and objectivity in dealing with such claims, all Ministries/Departments, ho have not yet developed such a system, may do so by devising their own point based merit system for assessing the merit of the claims of compassionate appointments.

7.   While informing the Applicants of the registration number of their Application, they may also be informed of the likely number of vacancies likely to be available to be filled on compassionate grounds as well as be provided with a copy of the point based merit system.

8.   To consider the various applications and to recommend individual applicant for grant of compassionate appointment, a Committee, comprising three members (one Chairman and two Members), may be constituted. The Committee may be chaired by an Officer not below the rank of Director/Deputy Secretary in the Ministry/Department and officers of equivalent rank in the case of attached and subordinate offices.

9.   The Committee may preferably meet once in a year, to consider all fresh requests received in the last calendar year, in addition to pending applications. In case large number of applications are received at different times during the calendar year, the Committee may meet twice or more to consider the applications.

10.   Prior to every meeting of the Committee, the Applicants whose applications are being considered, should be informed, through email or other forms of communication (including digital modes of communication), of the number of vacancies in each grade for which they are being considered as also the date the Committee is due to meet to consider their Application. However, the Applicant(s) would not be required to have any personal interaction, either with the Administration or the Committee and that the Applicants may not be asked to be present during the meeting of the Committee.

11. Every valid application shall be assessed strictly on the basis of the point based merit system formulated by the concerned administrative Ministry/Department.

12. The Committee should make its recommendation for appointment on compassionate ground as per the total points obtained by each Applicant, under the applicable point based merit system.

13. The result of each round of selection should be communicated to the Applicants. The points awarded against each parameter along with total merit points earned, should be provided to the Applicants through email or other forms of communication.

14.     The minutes of each meeting of the Committee including the merit points earned by each Applicant should also be placed, within a period of three weeks from the date of meeting of the Committee, in public domain on the website of the Ministry/Department/Organisation for information of all concerned.

15.  Recommendation of the Committee should be placed before the competent authority for a decision. If the competent authority disagrees with the committee’s recommendation, the case may be referred to the next higher authority for a decision.

                                                         *****                                                   

Download for Annexure Click Here
Download for Part B Click Here

 

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 Government of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

 

8. Amendment in Central Civil Services (Conduct) Rules, 1964 acceptance of gifts by Government servants - regarding.

The undersigned is directed to say that the following rules of Central Civil Services (Conduct) Rules, 1964 prescribing ceiling for receiving gifts by Government servants, have been amended vide G.S.R. No. 531 (E) dated 29.07.2019 (copy enclosed) so as to bring the uniformity in provisions of CCS (Conduct) Rules, 1964, AIS (Conduct) Rules, 1968 and Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Rules, 2012 :

After Amendment

     Sub-rule (3) of Rule 13
In any other case, a Government servant shall not accept any gift without the sanction

     of the Government,

     If the value exceeds -
(i) rupees five thousand in the case of Government servants holding any Group 'A'

or Group B' post: and
(ii) rupees two thousand in the case of Government servant holding any Group 'C' post.

     Sub-rule (4) of Rule 13
Notwithstanding anything contained in sub-rule (2) and (3), a Government servant,

     being a member of the Indian delegation or otherwise, may receive and retain gifts

     from foreign dignitaries in accordance with the provisions of The Foreign Contribution

(Acceptance or Retention of Gifts or Presentation) Rules, 2012, as amended from time to time.

2. All Ministries/ Departments/Offices are requested to bring the above amendments to the notice of all administrative authorities under their control.

DOPT OM No. 11013/02/2019-Estt.A-III, Dated the 6th August, 2019

9 Central Civil Services (Conduct) Rules, 1974, Submission of representations by Government servants - instructions regarding.

The undersigned is directed to refer to this Department's O.M. No. 11013/7/99¬Estt. (A) dated 01.11.1999 on the abovementioned subject which indicates that the categories of representations from Government servants on service matters have been broadly identified as follows:-

(i) Representations/complaints regarding non-payment of salary/ allowances or other issues;

(ii) Representations on other service matters;

(iii) Representations against the orders of the immediate official superior authority; and

(iv) Appeals and petitions under statutory rules and orders such as Central Civil Services (Classification, Control and Appeal) Rules, 1965 and the petition instructions.

(Apart from the above, sometimes, Government servants also submit advance copy of their representations to the authorities higher than the appropriate/Competent Authority.)

2. Necessary guidelines to deal with such representations are contained in the aforesaid O.M. which are to be followed by the administrative authorities. However, it is observed that some officials resort to the practice of sending repeated representations on the same issue which involves repeated examination of the same issue and bogs down the official machinery to the detriment of consideration of more important and time-bound issues. The matter has been considered by this Department. It needs to be emphasized that Government servants should desist from making frequent and numerous representations on the same issue.

The second representation on the same issue will be examined only if it contains any fresh points regarding new developments or facts having a bearing on the issue. It has been decided that when representations have already been considered and replied, further representations exceeding two on the same issue will henceforth be ignored. A Government servant may make a representation to an authority higher than the lowest competent authority only when he is able to establish that all the points or submissions made therein have not been fully and properly considered by his immediate official superior, or the Head of Office concerned or such other authority at the lowest level competent to deal with the matter. Government servants should desist from prematurely addressing the higher authorities.

3. All the Ministries/Departments are requested to bring the above guidelines for the notice of all concerned for information and compliance.

DOPT F.No.11013/4/2010-Estt. (A) Dated the 19th April, 2010.

10. Representation from Government servant on service matters.

The undersigned is directed to refer to the Ministry of Home Affair's OM No. 118/52-Ests. dated the 30th April, 1952, OM No. 25/34/68-Estt.(A) dated the 20th December, 1968 and this Department's OM No. 11013/07/1999-Estt.(A) dated the 1st November, 1999 (copies enclosed for ready reference) on the above mentioned subject. This Department is receiving a number of representations, on service matters, addressed to the Prime Minister/ Minister/ Secretary (P) and other officers directly from the Government servants.

2. It has been envisaged in these instructions that whenever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redress of a grievance, the proper course for him is to address his immediate official superior, or the Head of his office, or such other authority at the lowest level as is competent to deal with the matter. Of late, it is observed that there is an increasing tendency on the part of officers at different levels to by-pass the prescribed channels of representation and write directly to the high functionaries totally ignoring the prescribed channels. The problem is more acute in large Departments where often very junior employees at clerical level address multiple representations to the Minster, Prime Minister and other functionaries. Apart from individual representations, the service unions have also developed a tendency to write to the Ministers and Prime Minister on individual grievance. Some of these representations are often forwarded through Members of Parliament, in violation of Rule 20 of the CCS (Conduct) Rule, 1964.

3. Existing instructions clearly provide that representations on service matters should be forwarded through proper channel. The stage at which an advance copy of the representation may be sent to higher authorities has also been indicated. In MHA O.M. No. 25/34/68-Estt.(A) dated 20.12.68 time limits for disposal of various types of representations have been prescribed. If it is anticipated that an appeal or petition cannot be disposed of within a month of its submission an acknowledgement or interim reply should be sent to the individual within a month.

4. Thus adequate instructions are available in the matter of submission of representations by the Government servants and treatment of the representations by the authorities concerned. As such submission of representations directly to higher authorities by- passing the prescribed channel of communication, has to be viewed seriously and appropriate disciplinary action should be taken against those who violate these instructions as it can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the CCS (Conduct) Rules, 1964.

5. It is again reiterated that these instructions may be brought to the notice of all Govt. servants and appropriate disciplinary action may be taken against those who violate these instructions.

DOPT OM No. 11013/08/2013-Estt.A-III, Dated the 6th June, 2013.

11. Representation from Government servant on service matters - reiteration of instructions - regarding.

The undersigned is directed to refer to O.M. of even number dated 6th June, 2013 wherein instructions have been issued on submission of representation by Government servants about their service matters. In spite of these instructions, it has been observed that Government servants including officers/ officials of para military forces and Army personnel continue to represent directly to the Prime Minister, Minister, Secretary (P) and other higher authorities, directly.

2. As per the existing instructions, wherever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redressal of a grievance, the proper course for him is to address his immediate official superior, or Head of his office, or such other authority at the appropriate level who is competent to deal with the matter in the organisation.

3. Such submission of representations directly to other authorities by- passing the prescribed channel of communication, has to be viewed seriously and appropriate disciplinary action should be taken against those who violate these instructions. This can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the Central Chill Services (Conduct) Rules, 1964. It is clarified that this would include all forms of communication including through e-mails or public grievances portal etc.

4. Attention in this connection is also invited to the provision of Rule 20 of CCS (Conduct) Rules, 1964 prohibiting Government servants from bringing outside influence in respect of matter pertaining to his service matter. Representation by relatives of Government servant is also treated as outside influence as clarified vide MHA OM No. /21/63-Estt.(A) dated 19.09.1963

5. It is reiterated that these instructions may be brought to the notice of all Govt servants including officers/ officials of para military forces and member of armed forces and action taken against those who violate these instructions.

DOPT OM No. 11013/08/2013-Estt(A-III) Dated the 31st August, 2015