MemoNo.529/G1/75-8, Dated the 19th August, 1975-Compassionate Appointments - Employment - Recruitment procedure - Relaxation of Employment Exchange procedure in favour of a dependent of a deceased State Government Servant - Certain clarifications - Orders - Issued.
Ref:- 1. G.O.Ms.No.1005, Employment and Social Welfare Department, dated 27th December, 1974.
Ref:- 1. G.O.Ms.No.1005, Employment and Social Welfare Department, dated 27th December, 1974.
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In G.O.Ms.No.1005, Employment and Social Welfare Department, dated 27th December, 1974, orders were issued to appoint a child (son or daughter) or spouse of a deceased Government employee without the medium of Employment Exchange subject to certain conditions stipulated therein. With reference to these orders several Collectors, Heads of Departments, individuals, etc., raised various points for clarification. Some of them are identical but clothed in different terminology of words. These points have been carefully examined in consultation with the Director of Employment and Training and clarifications thereon are hereby issued as mentioned in the Annexure.
ANNEXURE
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Sl.No.
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Point
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Clarification
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1.
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Whether
appointment will be made in the same Department where his father had worked
and died while in service or any other Department.
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It
should be in the same department as there will be vacancy or a consequential
vacancy in the Department or office where the deceased worked.
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2.
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Whether
the G.O. does have retrospective effect.
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The
G.O. would apply only to cases which have arisen on or after issue of the
G.O. i.e., 27.12.1974. "Arising or a case on a particular date"
would mean the occurrence of the death of the employee while in service on
that date. The G.O. has no retrospective effect.
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3.
4.
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When
the elder earning member is separated from the family whether the younger
brother can be appointed or not.
From
whom the certificate of "No earning member in the family" is to be
obtained.
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The
person should be given a place only in the office where his deceased father
worked, provided he is qualified. This will make enquiry easy. Hence evidence
of the colleagues of the deceased will be readily available. If for any
reason a job is not immediately available, be will have to wait but should be
accommodated in the first vacancy. It should not matter if a son has divided
himself from the family and he is already employed. If the family is without
a bread winner, one son/daughter out of the remaining or the wife may be
given a job.
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5.
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Instead
of the approval of the Collector for appointment in the District the approval
of the Head of the Department may be appropriate.
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Not
accepted.
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6.
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In
case of non-availability of a vacancy readily, whether a temporary candidates
has to be retrenched to appoint the dependent of the deceased employee.
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The
main approach is to accommodate the person in the same office mostly in posts
of class-IV and L.D.Cs. In the unlikely contingency of a vacancy not being
available he will have to wait for some time. The idea is not to retrench and
create heart burning.
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7.
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Whether
the concessions contemplated in the G.O. apply to the employees of local
bodies such as Samithi and Zilla Parishad employees of teachers etc., who die
in harness.
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The
concessions available under this G.O. are admissible not only to State
Government Offices but also to all other establishments including
Corporations, Local Bodies Panchayat Raj Bodies (Municipalities etc.) State
Public Sector undertakings etc.
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8.
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Whether
such a candidate can be employed by passing the existing panel of the
candidates.
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Panels
are prepared for promotions. As the idea is to appoint him in the lowest
category, this will not arise. The Employment Exchange has merely to be
informed.
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9.
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Whether
the concession can be extended to work-charged establishment of the
department.
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Since
the recruitment to the work-charged establishment is required to be made
through the medium of Employment Exchange the G.O. applies to the members of
such establishment also.
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15.
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Whether
an adopted child of a deceased may come under the definition of child in
terms of this G.O.
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No.
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16.
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While
the first son is in the army and the second son is not willing to work.
Whether the third son can be employed.
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The
clarification against point 4 above will hold good here also.
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17.
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Whether
the rule of reservation for S.Cs. and
S.Ts. or B.Cs. etc., is to be followed in respect of the appointment made
under the said G.O.
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If
the deceased Government servant's son, daughter or spouse proposed to be
employed do not belong to S.Cs., S.Ts., etc., and the first vacancy is a
reserved vacancy the appointment need not be postponed on humanitarian
grounds. But this post can be adjusted against the next open competition
vacancy. Thus there will be no change in the numbers and it will only be a
case of slight postponement on humanitarian grounds.
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18.
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Whether
the appointees are eligible for regularisation without further selection by
the District Selection Committee.
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If a
post within the purview of the District Selection Committee is filled in by a
candidate under the provision of the G.O. his services cannot be regularised
unless he gets himself selected by the District Selection Committee on a
subsequent date.
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19.
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Whether
the widowed daughter who is the only legal heir of a Government employee who
dies in harness is also eligible for said concession.
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Such
a widowed daughter can avail herself of the concession provided she produces
a certificate to the effect that she is the only heir to her parents, herein
being left without any property from her husband side and that she was solely
dependent on the deceased. Such a certificate should be obtained from an authority
in the Revenue Department not lower rank than that of R.D.O.
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20.
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The
desirability of laying down that it is first incumbent upon that Government
office, organisation in which a Government employee died in harness to
appoint a Child or spouse under that G.O. if a suitable vacancy is becomes
available may be considered.
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It
will be for the establishment in which the Government employee has died to
provide employment to the child of the employee for appointment to the first
available vacancy. If the son/daughter or wife of the deceased is given the
freedom to seek employment in any other District as per convenience of the
Department of his or her choice, it will lead to complications. However,
he/she can later seek transfer under the normal procedures.
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