Master Circular 16 Compassionate Ground
Master Circular 16 Compassionate Ground
II.
III. Persons eligible to be appointed on compassionate grounds
IV.
V. Time limit for making compassionate appointments
VI. Qualification and conditions to be fulfilled.
VII. Grades in which appointments can be made on compassionate grounds
VIII. Procedure to be followed before making compassionate appointments
IX. Authority competent to make appointments on compassionate grounds
X. Priorities to be observed in making appointments on compassionate grounds
XI. Compassionate appointments of the ward/widow of casual labour
XII.
XIII. Relaxation:
XIV. General
LIST OF CIRCULARS FROM WHICH CONSOLIDATION HAS BEEN MADE
i. When Railway servants 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, for example, loco
and traffic running staff in charge of trains involved in accidents),
ii. When Railway employees die in harness while in service, before retirement.
iii. When an employee's whereabouts are not known for a period of seven years
and the settlement dues of the employees are or are not paid to the family on
this account. This limit of seven years may be relaxed to three years on the
merits of each case with the approval of the General Manager, subject to the
condition that the services of the person appointed on compassionate grounds
would be terminated in case the missing employee is traced subsequently.
ix. Normally only the father is taken to be the breadwinner of the family. In the
event of both wife and husband are Railway Employees, on account of death of
the husband employment is permissible to a ward but not on account of death
of the wife.
x. Where the widow cannot take up employment, Railways can keep the "case for
appointment on compassionate grounds open to enable consideration of
appointment of a minor son when he attains majority, even though at the time
of occurrence of the event making compassionate appointment permissible,
there is a daughter who has attained majority and/or a major son who is already
employed. This will be subject to the following conditions:
a. The minor son to be appointed will be attaining majority of age within a
period of five years of the event of death which is the basis for
appointment on compassionate grounds.
b. Where there is more than one minor son, it is only the eldest minor son
who should be considered for appointment when he attains majority
and not any of the minor sons.
c. Further in such cases, the competent authority should be satisfied
about the bonafides of the request of the widow or if there is no
surviving widow, of the family, that appointment should be given to a
minor son (when he attains majority) instead of a daughter or an
employed son who is already a major.
II.
a. In a case where a railway servant is declared unfit for all posts in terms of para
512 (ii) of the Medical Manual and is retired from railway service,
compassionate appointment to the ward of such a Railway servant would not
be admissible.
b. In all cases of persons being declared unfit on account of malingering, medical
unfitness papers should invariably carry an endorsement that he was declared
unfit under para 512 (ii) of the Indian Railway Medical Manual.
a. NEAR RELATIVE:
i. Such appointment is not permissible where the railway employee who
has died in harness has left behind only the widow, with no
son/daughter to be supported by her.
ii. The son or daughter of the employee or ex-employee is a minor one and
the widow cannot take up employment.
iii. A clear certificate should be forthcoming from the widow that the "near
relative" will act as the bread-winner of the family.
iv. If the family certifies at a later date that the "near relative", who was
appointed on compassionate grounds, refuses to support the family,
the services of that employee are liable to be terminated
v. Once a "near relative" is appointed on compassionate grounds, no
further appointment shall be given later to a son, or daughter or the
widow of the employee, on compassionate grounds.
vi. The appointment of the "near relative" shall not be considered, if a son
or daughter, or the widow herself is already working and is earning.
IV.
A brother-in-law (wife's brother) would not come within the categories of persons
eligible for compassionate appointment. Similarly a son-in-law also is not eligible for
appointment on compassionate grounds.
b. Where death occurred more than 10 years back and also in cases where death
took place between 5-10 years back but the conditions stipulated in para V (a)
above are not fulfilled, a compassionate appointment is not within the
competency of the General Manager except in the case of loss of life in course
of duty or getting crippled in the course of duty. However, in such cases, if
compassionate appointment is otherwise admissible and if after careful
examination of the case it is found that there are special features or
circumstances justifying relaxation of time limit as also criteria, the cases
could be considered by the Railway Administration for approaching the
Railway Board for relaxation of as a special case. Such a reference to the
Railway Board should be made by the Railway Administration only with the
personal approval of the General Manager.
b. The educational qualifications prescribed for the post to be offered should not
be relaxed. However, if on the merits of an individual case, the General
Manager feels that such a relaxation of the minimum educational qualifications
is absolutely necessary, such cases may be referred to the Ministry of
Railways. The Railway Board will consider these cases on merits subject to the
stipulation that the candidate shall acquire the requisite qualification within a
prescribed time limit. Such case will carry the following stipulations, in the
offer of appointment:
i. The period to be allowed for acquiring the qualification will be two
years.
ii. Such a person will not be confirmed in service till he acquires the
qualification.
iii. He will not be eligible for promotion till such time he acquires the
qualification.
iv. If any junior is promoted before the senior compassionate appointee
acquires the qualification, such promotion of the junior will be treated
as regular. In other words, the compassionate appointee will lose
seniority in the higher grade to such of his juniors as may have been
promoted to the next higher grade, before he acquires the prescribed
qualification.
a. Water Women.
b. Retiring Room Attendants.
c. Cinder Picking Women.
d. Sweeper Women.
e. C&W Khalasis (For Waste Packing only)
f. Ayah and female sanitary cleaner in Railway Hospitals, Railway
Schools.
g. Khalasis attached to sub-divisional officers of AEN, PWI and
IOW, and a percentage of vacancies of Office Peons may be
reserved for them.
### added vide Supplementary Circular No. 7 issued under Railway Board's
letter No. E(NG)II/91/RC-1/117(MC) dated 30.9.1992. (RBE 164/1992)
b. It is not necessary that the ward of a Group' D' employee should be appointed
on a Group 'D' post only. If such a ward possesses the required qualification
prescribed for Group 'C' posts and is also adjudged suitable for the post, he
should be considered for such Group 'C' posts.
In the cases of appointments of Group 'C' posts the powers may be exercised by the
Chief Personnel Officer in consultation with the Heads of Departments concerned. In
the cases of Group 'D' posts the powers to make such appointments should be
delegated to the Divisional Railway Managers.
a. The General Managers have powers to consider and decide requests for
appointment on compassionate grounds of the wards/ widow of a casual labour
who dies due to accident while on duty provided the casual labourer concerned
is eligible for compensation under the Workmen's Compensation Act, 1923.
Such appointments should be as casual labour (fresh face) or substitute.
b. Similar consideration may also be shown to a ward/widow of a casual labourer
with temporary status at the discretion of the General Manager.
c. This power should be exercised by the General Manager personally and should
not be delegated to any authority. This power should be exercised judiciously
keeping in view the particular need to contain the total casual labour force.
XIII. RELAXATION:
Wherever any deviation from the above provisions is sought to be made in individual
cases of merit, the prior approval of the Ministry of Railways should be obtained and in
such cases, personal approval of the General Manager should be indicated in the
references. Detailed particulars are to be furnished in the prescribed proforma.
XIV. GENERAL:
a. While referring to this circular, the original letters referred to herein should be
read for a proper appreciation. This circular is only a consolidation of the
instructions issued so far and should not be treated as substitution to the
originals. In case of doubt, the original circular should be relied upon as
authority.
b. The instructions contained in the original circulars referred to have only
prospective effect from the date of issue unless specifically indicated
otherwise in the concerned circulars. For dealing with old cases, the
instructions in force at the relevant time should be referred to, and
c. If any circular on the subject, which has not been superseded, has not been
taken into consideration while preparing this consolidated letter, the said
circular, which has been missed through oversight, should be treated as valid
and operative. Such a missing circular, if any, may be brought to the notice of
the Railway Board.