Appointment on compassionate ground 10/03/25, 11:30 AM

No.DOPT-1667555281194
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
ESTT.(Estt. D)
******

(Dated 02 August, 2022 )

OFFICE MEMORANDUM

Appointment on compassionate ground

Scheme For Compassionate Appointment under Central Government

Note:-

(i) This document is a compilation of all relevant instructions on the subject of

“Compassionate Appointment under Central Government” and therefore is intended to serve as the
guide without the need, for anyone to refer to old OMs issued from time to time. The list of such
OMs is given in Appendix to this document. In case any reference to the relevant OM is required,
the same may be accessed from Archive Section of DOPT’s Website.

(ii) While due care has been taken to compile this document, however, if any omissions or
correction are noticed, the same may be brought to the notice of the Department of Personnel &
Training.

1. The following paragraphs indicate the instructions on Compassionate Appointment under

easily Comprehensible heading for benefit of ready reference: -

2. OBJECT

The object of the Scheme is to grant appointment on compassionate grounds to a

dependent family member of a Government servant dying in harness or who is retired on medical
grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the
family of the Government servant concerned from financial destitution and to help it get over the
emergency.

OM No: No. 14014/6/94-Estt(D) Dated: 9/10/1998

3. TO WHOM APPLICABLE

To a dependent family member –-

(A) of a Government servant who –-

(a) dies while in service (including death by suicide); or

(b) is retired on medical grounds under Rule 2 of the CCS (Medical Examination)
Rules 1957 or the corresponding provision in the Central Civil Service Regulations
before attaining the age of 55 years (57 years for erstwhile Group ‘D’ Government

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servants); or

(c) is retired on medical grounds under Rule 38 of the CCS(Pension) Rules, 1972
or the corresponding provision in the Central Civil Service Regulations before attaining
the age of 55 years (57 years for erstwhile Group ‘D’ Government servants); or

(B) of a member of the Armed Forces who –

(a) dies during service; or

(b) is killed in action; or

(c) is medically boarded out and is unfit for civil employment.

Note I "Dependent Family Member" means:

(a) spouse; or

(b) son(including adopted son); or

(c) daughter (including adopted daughter); or

(d) brother or sister in the case of unmarried Government servant or

(e) member of the Armed Forces referred to in (A) or (B) of this para,

-- who was wholly dependent on the Government servant/ member of the Armed
Forces at the time of his death in harness or retirement on medical grounds, as the
case may be.

Note II “Government servant" for the purpose of these instructions means a Government
servant appointed on regular basis and not one working on daily wage or casual or
apprentice or ad-hoc or contract or re-employment basis.

Note III "Confirmed work-charged staff" will also be covered by the term ‘Government
servant’ mentioned in Note II above.

Note IV "Service" includes extension in service (but not re-employment) after attaining the
normal age of retirement in a civil post.

Note V "Re-employment" does not include employment of ex-serviceman before the

normal age of retirement in a civil post.

OM No: No. 14014/6/94-Estt(D) Dated: 9/10/1998

4. AUTHORITY COMPETENT TO MAKE COMPASSIONATE APPOINTMENT

(a) Joint Secretary in-charge of administration in the Ministry/Department concerned.

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

(c) Secretary in the Ministry/Department concerned in special types of cases.

OM No: No. 14014/6/94-Estt(D) Dated: 9/10/1998

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5. POSTS TO WHICH SUCH APPOINTMENTS CAN BE MADE

Group ‘C’ posts against the direct recruitment quota.

OM No: F.No.14014/02/2012-Estt.(D) Dated: 16/1/2013

6. ELIGIBILITY

(a) The family is indigent and deserves immediate assistance for relief from financial
destitution; and

(b) Applicant for compassionate appointment should be eligible and suitable for the post in
all respects under the provisions of the relevant Recruitment Rules.

OM No: No. 14014/6/94-Estt(D) Dated: 9/10/1998

7. A. EXEMPTIONS

Compassionate appointments are exempted from observance of the following requirements:-

(a) Recruitment procedure i.e. without the agency of the Staff Selection Commission or the
Employment Exchange.

(b) Clearance from the Surplus Cell of the Department of Personnel and Training/Directorate
General of Employment and Training.

(c) The ban orders on filling up of posts issued by the Ministry of Finance (Department of
Expenditure).

OM No: No. 14014/6/94-Estt(D) Dated: 9/10/1998

B. RELAXATIONS

(a) Upper age limit could be relaxed wherever found to be necessary. The lower age limit
should, however, in no case be relaxed below 18 years of age.

Note I Age eligibility shall be determined with reference to the date of application and not the
date of appointment;

Note II Authority competent to take a final decision for making compassionate appointment in a
case shall be competent to grant relaxation of upper age limit also for making such
appointment.

OM No: No. 14014/6/94-Estt(D) Dated: 9/10/1998

(b) In exceptional circumstances Government may consider recruiting persons not

immediately meeting the minimum educational standards. Government may engage them
as trainees who will be given the regular pay bands and grade pay only on acquiring the
minimum qualification prescribed under the recruitment rules. The emoluments of these
trainees, during the period of their training and before they are absorbed in the
Government as employees, will be equal to the lowest/first cell (minimum) of Pay Level-1
Rs. 18,000-56,900 (pre-revised -1S pay band). In addition, they will be granted all
applicable Allowance, like Dearness Allowances, House Rent Allowance and Transport
Allowance at the admissible rates. The same shall be calculated on the minimum of Pay

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Level-1. The period spent in Pay Level-1 by the future recruits will not be counted as
service for any purpose as their regular service will start only after they are appointed in
the Group ‘C’ post after acquiring minimum educational qualifications. The pay of those
governed by the 1S scale under 6th CPC Pay Rules may be revised by using the Fitment
Factor of 2.57 for placement in Level-1 in conformity with the Rule 7 of the CCS (RP)
Rules, 2016. All pre-revised pay stages lower than pre-revised pay of Rs.7,000 in the pre-
revised 1S scale shall not be considered for determining the benefit of bunching, on the
same lines as has been clarified by Department of Expenditure’s O.M dated 03.08.2017
on application of the benefit on account of bunching. This will be effective from
01.01.2016.

OM No: F.No. 14014/2/2009-Estt(D) Dated: 11/12/2009

OM No: No. 14014/2/2009-Estt.D Dated: 9/10/2017

Note In the case of an attached/subordinate office, the Secretary in the concerned administrative
Ministry/Department shall be the competent authority for this purpose.

(c) In the matter of exemption from the requirement of passing the typing test those appointed
on compassionate grounds to the post of Lower Division Clerk will be governed by the
general orders issued in this regard:-

(i) by the CS Division of the Department of Personnel and Training if the post is included
in the Central Secretariat Clerical Service; or

(ii) by the Establishment Division of the Department of Personnel and Training if the post
is not included in the Central Secretariat Clerical Service.

OM No: No. 14014/6/94-Estt(D) Dated: 9/10/1998

(d) In case of appointment of a widow not fulfilling the requirement of educational qualification,
against the post of MULTI TASKING STAFF, she will be placed in minimum of Pay Level-1(Rs.
18,000-56,900) directly without insisting on fulfillment of educational qualification norms,
provided the appointing authority is satisfied that the duties of the post against which she is
being appointed can be performed with help of some on job training. This dispensation is to
be allowed for appointment on compassionate ground against the post of MULTI TASKING
STAFF only.

OM No: No. 14014/2/2009-Estt.(D) Dated: 3/4/2012

8. DETERMINATION/AVAILABILITY OF VACANCIES

(a) Appointment on compassionate grounds should be made only on regular basis and
that too only if regular vacancies meant for that purpose are available.

(b) Compassionate appointments can be made upto a maximum of 5% of vacancies

falling under direct recruitment quota in any Group ‘C’ post. The appointing authority
may hold back upto 5% of vacancies in the aforesaid categories to be filled by direct
recruitment through Staff Selection Commission or otherwise so as to fill such
vacancies by appointment on compassionate grounds. A person selected for
appointment on compassionate grounds should be adjusted in the recruitment roster
against the appropriate category viz SC/ST/ OBC/General depending upon the
category to which he belongs. For example, if he belongs to SC category he will be

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adjusted against the SC reservation point, if he is ST/OBC he will be adjusted against

ST/OBC point and if he belongs to General category he will be adjusted against the
vacancy point meant for General category.

(c) While the ceiling of 5% for making compassionate appointment against regular
vacancies should not be circumvented by making appointment of dependent family
member of Government servant on casual/daily wage/ad-hoc/contract basis against
regular vacancies, there is no bar to considering him for such appointment if he is
eligible as per the normal rules/orders governing such appointments

(d) The ceiling of 5% of direct recruitment vacancies for making compassionate

appointment should not be exceeded by utilising any other vacancy e.g. sports quota
vacancy.

OM No: F.No.14014/02/2012-Estt.(D) Dated: 16/1/2013

(e) The Committee constituted for considering a request for appointment on compassionate
grounds should limit its recommendation to appointment on compassionate grounds only in a
really deserving case and only if vacancy meant for appointment on compassionate grounds
will be available within a year in the concerned administrative Ministry/department/Office,
that too within the ceiling of 5% of vacancies falling under DR quota in Group ‘C’ posts.

OM No: No.14014/18/2000-Estt.(D) Dated: 22/6/2001

(f) Calculation of vacancies by grouping of posts for small offices/cadres -

Grouping of posts in small Offices/Cadres for the purpose of calculation of vacancies
for appointment on compassionate grounds is allowed. Consequently, Group ‘C’ posts
in which there are less than 20 direct recruitment vacancies in a recruitment year may
be grouped together and out of the total number of vacancies 5% may be filled on
compassionate grounds subject to the condition that appointment on compassionate
grounds in any such post should not exceed one. For the purpose of calculation of
vacancies for compassionate appointment, fraction of a vacancy either half or
exceeding half but less than one may be taken as one vacancy.

[Para 2 and 3 of O.M. No. 14014/24/1999-Estt.(D) dated 28.12.1999]

(g) Liberalized method of calculation of vacancies for small

Ministries/Departments - The small Ministries/Departments may apply a more
liberalized method of calculation of vacancies under 5% quota for compassionate
appointment. The small Ministries/Departments, for the purpose of these
instructions, are defined as organizations where no vacancy for compassionate
appointment could be located under 5% quota for the last 3 years. Such small
Ministries/Departments may add up the total of DR vacancies in Group ‘C’ and
erstwhile Group ‘D’ posts (excluding technical posts) arising in each year for 3 or
more preceding years and calculate 5% of vacancies with reference to the grand total
of vacancies of such years, for locating one vacancy for compassionate appointment.
This is subject to the condition that no compassionate appointment was/has been
made by the Ministries/Departments during 3 years or number of years taken over
and above 3 years for locating one vacancy under 5% quota.

OM No: No.14014/3/2005-Estt.(D) Dated: 9/10/2006

(h) The compassionate appointment can also be made against technical ‘posts’ at Group

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‘C’ and erstwhile Group‘D’ level. The 5% quota of vacancies will be calculated on the
basis of total DR vacancies arising in a year in the technical posts.

[Para 2 of O.M. No. 14014/3/2005-Estt(D) dated 19.01.2007]

9. TIME LIMIT FOR CONSIDERING APPLICATIONS FOR COMPASSIONATE

APPOINTMENT:

Prescribing time limit for considering applications for compassionate appointment has been
reviewed vide this Department O.M No.14014/3/2011-Estt.(D) dated 26.07.2012. Subject to
availability of a vacancy and instructions on the subject issued by this Department and as
amended from time to time, any application for compassionate appointment is to be
considered without any time limit and decision taken on merit in each case.

OM No: No. 14014/3/2011-Estt.(D) Dated: 26/7/2012

10. BELATED REQUESTS FOR COMPASSIONATE APPOINTMENT

(a) Ministries/Departments can consider requests for compassionate appointment even

where the death or retirement on medical grounds of a Government servant took
place long back, say five years or so. While considering such belated requests it
should, however, be kept in view that the concept of compassionate appointment is
largely related to the need for immediate assistance to the family of the Government
servant in order to relieve it from economic distress. The very fact that the family has
been able to manage somehow all these years should normally be taken as adequate
proof that the family had some dependable means of subsistence. Therefore,
examination of such cases would call for a great deal of circumspection. The decision
to make appointment on compassionate grounds in such cases may, therefore, be
taken only at the level of the Secretary of the Department/Ministry concerned.

(b) Whether a request for compassionate appointment is belated or not may be decided
with reference to the date of death or retirement on medical ground of a Government
servant and not the age of the applicant at the time of consideration.

(c) The onus of examining the penurious condition of the dependent family will rest with
the authority making compassionate appointment.

OM No: F.No.14014/02/2012-Estt.(D) Dated: 16/1/2013

OM No: No. 14014/3/2011-Estt.(D) Dated: 26/7/2012

11. WIDOW APPOINTED ON COMPASSIONATE GROUNDS GETTING REMARRIED

A widow appointed on compassionate grounds will be allowed to continue in service even

after re-marriage.

OM No: No. 14014/6/94-Estt(D) Dated: 9/10/1998

12. WHERE THERE IS AN EARNING MEMBER

(a) In deserving cases even where there is already an earning member in the family, a
dependent family member may be considered for compassionate appointment with prior
approval of the Secretary of the Department/Ministry concerned who, before approving such
appointment, will satisfy himself that grant of compassionate appointment is justified having

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regard to number of dependents, assets and liabilities left by the Government servant,
income of the earning member as also his liabilities including the fact that the earning
member is residing with the family of the Government servant and whether he should not be
a source of support to other members of the family.

(b) In cases where any member of the family of the deceased or medically retired Government
servant is already in employment and is not supporting the other members of the family of
the Government servant, extreme caution has to be observed in ascertaining the economic
distress of the members of the family of the Government servant so that the facility of
appointment on compassionate ground is not circumvented and misused by putting forward
the ground that the member of the family already employed is not supporting the family.

OM No: No. 14014/6/94-Estt(D) Dated: 9/10/1998

13. MISSING GOVERNMENT SERVANT

Cases of missing Government servants are also covered under the scheme for
compassionate appointment subject to the following conditions:-

(a) A request to grant the benefit of compassionate appointment can be considered only
after a lapse of at least 2 years from the date from which the Government servant has
been missing, provided that:

(i) an FIR to this effect has been lodged with the Police,

(ii) the missing person is not traceable, and

(iii) the competent authority feels that the case is genuine;

(b) This benefit will not be applicable to the case of a Government servant:-

(i) who had less than two years to retire on the date from which he has been
missing; or

(ii) who is suspected to have committed fraud, or suspected to have joined any
terrorist organisation or suspected to have gone abroad.

(c) Compassionate appointment in the case of a missing Government servant also

would not be a matter of right as in the case of others and it will be subject
to fulfillment of all the conditions, including the availability of vacancy, laid
down for such appointment under the scheme;

(d) While considering such a request, the results of the Police investigation
should also be taken into account; and

(e) A decision on any such request for compassionate appointment should be taken
only at the level of the Secretary of the Ministry/Department concerned.

OM No: No. 14014/6/94-Estt(D) Dated: 9/10/1998

14. PROCEDURE

i) 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

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benefits available to the family. This may be done at the earliest possible, preferably, within 30 days
of death.

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

iii) 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.

iv) 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.

v) 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.

vi) 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, who 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.

vii) 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.

viii) 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.

ix) 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.

x) 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

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Administration or the Committee and that the Applicants may not be asked to be present during the
meeting of the Committee.

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

xii) 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.

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

xiv) 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.

xv) 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.

OM No: 43019/9/2019-Estt.(D) Dated: 23/8/2021

15. UNDERTAKING FOR MAINTENANCE OF THE FAMILY OF THE DECEASED

EMPLOYEE

A person appointed on compassionate grounds under the scheme should give an

undertaking in writing (as in Annexure) that he/she will maintain properly the other family
members who were dependent on the Government servant/member of the Armed Forces in
question and in case it is proved subsequently (at any time) that the family members are being
neglected or are not being maintained properly by him/her, his/her appointment may be terminated
forthwith. The question of its legal enforceability has been examined in consultation with the
Ministry of Law (Department of Legal Affairs) and it has been decided that it should be incorporated
as one of the additional conditions in the offer of appointment applicable only in the case of
appointment on compassionate grounds.

[Para 1 of O.M No.14014/16/1999-Estt.(D) dated 20.12.1999]

16. REQUEST FOR CHANGE IN POST/PERSON

When a person has been appointed on compassionate grounds to a particular post, the set
of circumstances, which led to such appointment, should be deemed to have ceased to exist.
Therefore, --

(a) he/she should strive in his/her career like his/her colleagues for future advancement
and any request for appointment to any higher post on considerations of compassion
should invariably be rejected.

(b) an appointment made on compassionate grounds cannot be transferred to any other

person and any request for the same on considerations of compassion should
invariably be rejected.

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OM No: No. 14014/6/94-Estt(D) Dated: 9/10/1998

17. SENIORITY

A person appointed on compassionate ground in a particular year may be placed at the

bottom of all the candidates recruited/appointed through direct recruitment, promotion etc.
in that year, irrespective of the date of joining of the candidate on compassionate ground.

OM No: 20011/1/2008/Estt(D) Dated: 11/11/2010

18. TERMINATION OF SERVICE

The compassionate appointments can be terminated on the ground of non-compliance of

any condition stated in the offer of appointment after providing an opportunity to the
compassionate appointee by way of issue of show cause notice asking him/her to explain
why his/her services should not be terminated for non-compliance of the condition(s) in the
offer of appointment and it is not necessary to follow the procedure prescribed in the
Disciplinary Rules/Temporary Service Rules for his purpose.

In order to check its misuse, it has also been decided that this power of termination of
services for non-compliance of the condition(s) in the offer of compassionate appointment
should vest only with the Secretary in the concerned administrative Ministry/Department not
only in respect of persons working in the Ministry/Department proper but also in respect of
Attached/Sub-ordinate offices under that Ministry/Department.

OM No: No.14014/19/2000-Estt.(D) Dated: 24/11/2000

19. GENERAL

(a) Appointments made on grounds of compassion should be done in such a way that
persons appointed to the post do have the essential educational and technical
qualifications and experience required for the post consistent with the requirement of
maintenance of efficiency of administration.

(b) It is not the intention to restrict employment of a family member of the deceased or
medically retired (erstwhile) Group ‘D’ Government servant to a erstwhile Group ‘D’ post
only. As such, a family member of such erstwhile Group ‘D’ Government servant can be
appointed to a Group ‘C’ post for which he/she is educationally qualified, provided a
vacancy in Group ‘C’ post exists for this purpose.

(c) The Scheme of compassionate appointments was conceived as far back as 1958. Since
then a number of welfare measures have been introduced by the Government which
have made a significant difference in the financial position of the families of the
Government servants dying in harness/retired on medical grounds. An application for
compassionate appointment should, however, not be rejected merely on the ground that
the family of the Government servant has received the benefits under the various
welfare schemes. While considering a request for appointment on compassionate ground
a balanced and objective assessment of the financial condition of the family has to be
made taking into account its assets and liabilities (including the benefits received under
the various welfare schemes mentioned above) and all other relevant factors such as the
presence of an earning member, size of the family, ages of the children and the essential
needs of the family, etc.
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(d) Compassionate appointment should not be denied or delayed merely on the ground that
there is reorganisation in the Ministry/Department/ Office. It should be made available
to the person concerned if there is a vacancy meant for compassionate appointment and
he or she is found eligible and suitable under the scheme.

(e) Requests for compassionate appointment consequent on death or retirement on medical

grounds of erstwhile Group ‘D’ staff may be considered with greater sympathy by
applying relaxed standards depending on the facts and circumstances of the case.

(f) Compassionate appointment will have precedence over absorption of surplus employees
and regularisation of daily wage/casual workers with/without temporary status.

(g) Any request to increase the upper age-limit of 55 years for retirement on medical
grounds prescribed in para 2(A) (b) and (c) above in respect of Group ‘A’/’B’/’C’
Government servants and to bring it at par with the upper age-limit of 57 years
prescribed therein for erstwhile Group ‘D’ Government servants on the ground that the
age of retirement has recently (May, 1998) been raised from 58 years to 60 years for
Group ‘A’/’B’/’C’ Government servants (which is at par with the age of retirement of 60
years applicable to erstwhile Group ‘D’ Government servants) or on any other ground
should invariably be rejected so as to ensure that the benefit of compassionate
appointment available under the scheme is not misused by seeking retirement on
medical grounds at the fag end of one’s career and also keeping in view the fact that the
higher upper age-limit of 57 years has been prescribed therein for erstwhile Group ‘D’
Government servants for the reason that they are low paid Government servants who
get meagre invalid pension in comparison to others.

OM No: F.No.14014/02/2012-Estt.(D) Dated: 16/1/2013

20. IMPORTANT COURT JUDGEMENTS

The ruling contained in the following judgements may also be kept in view while considering
cases of compassionate appointment:-

(a) The Supreme Court in its judgement dated April 8, 1993 in the case of Auditor General of
India and others vs. G. Ananta Rajeswara Rao [(1994) 1 SCC 192] has held that
appointment on grounds of descent clearly violates Article 16(2) of the Constitution; but
if the appointment is confined to the son or daughter or widow of the Government
servant who died in harness and who needs immediate appointment on grounds of
immediate need of assistance in the event of there being no other earning member in
the family to supplement the loss of income from the bread winner to relieve the
economic distress of the members of the family, it is unexceptionable.

(b) The Supreme Court’s judgement dated May 4, 1994 in the case of Umesh Kumar Nagpal
vs. State of Haryana and others [JT 1994(3) S.C. 525] has laid down the following
important principles in this regard:

(i) Only dependents of an employee dying in harness leaving his family in penury
and without any means of livelihood can be appointed on compassionate
ground.

(ii) The posts in Group ‘C’ and ‘D’ (formerly Class III and IV) are the lowest posts
in non-manual and manual categories and hence they alone can be offered on
compassionate grounds and no other post i.e. in the Group ‘A’ or Group ‘B’

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category is expected or required to be given for this purpose as it is legally

impermissible.

(iii) The whole object of granting compassionate appointment is to enable the

family to tide over the sudden crisis and to relieve the family of the deceased
from financial destitution and to help it get over the emergency.

(iv) Offering compassionate appointment as a matter of course irrespective of the

financial condition of the family of the deceased or medically retired
Government servant is legally impermissible.

(v) Neither the qualifications of the applicant (dependent family member) nor the
post held by the deceased or medically retired Government servant is relevant.
If the applicant finds it below his dignity to accept the post offered, he is free
not to do so. The post is not offered to cater to his status but to see the family
through the economic calamity.

(vi) Compassionate appointment cannot be granted after lapse of a reasonable

period and it is not a vested right which can be exercised at any time in future.

(vii) Compassionate appointment cannot be offered by an individual functionary on an

ad-hoc basis.

(c) The Supreme Court has held in its judgement dated February 28, 1995 in the case of the
Life Insurance Corporation of India vs. Mrs Asha Ramchandra Ambekar and others [JT
1994(2) S.C. 183] that the High Courts and Administrative Tribunals cannot give
direction for appointment of a person on compassionate grounds but can merely direct
consideration of the claim for such an appointment.

(d) The Supreme Court has ruled in the cases of Himachal Road Transport Corporation vs.
Dinesh Kumar [JT 1996 (5) S.C. 319] on May 7, 1996 and Hindustan Aeronautics Limited
vs. Smt A. Radhika Thirumalai [JT 1996 (9) S.C. 197] on October 9, 1996 that
appointment on compassionate grounds can be made only if a vacancy is available for
that purpose.

(e) The Supreme Court has held in its judgement in the case of State of Haryana and others
vs. Rani Devi and others [JT 1996(6) S.C. 646] on July 15, 1996 that if the scheme
regarding appointment on compassionate ground is extended to all sorts of casual, ad-
hoc employees including those who are working as Apprentices, then such scheme
cannot be justified on Constitutional grounds.

(f) The Hon'ble Supreme Court in its judgment dated 05.04.2011 in Civil Appeal No. 2206 of
2006 filed by Local Administration Department vs. M. Selvanayagam @ Kumaravelu has
observed that "an appointment made many years after the death of the employee or
without due consideration of the financial resources available to his/her dependents and
the financial deprivation caused to the dependents as a result of his death, simply
because the claimant happened to be one of the dependents of the deceased employee
would be directly in conflict with Articles 14 & 16 of the Constitution and hence, quite bad
and illegal. In dealing with cases of compassionate appointment, it is imperative to keep
this vital aspect in mind".

OM No: F.No.14014/02/2012-Estt.(D) Dated: 16/1/2013

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 Appointment on compassionate ground 10/03/25, 11:30 AM

OM No: No. 14014/3/2011-Estt.(D) Dated: 26/7/2012

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Appendix

Reference Office Memorandum on Compassionate Appointment under Central Government

1. O.M. No. 14014/6/94-Estt. (D) dated 09.10.1998

2. O.M No.14014/16/1999-Estt.(D) dated 20.12.1999
3. O.M. No. 14014/24/1999-Estt.(D) dated 28.12.1999
4. O.M. No. 14014/19/2000-Estt(D) dated 24.11. 2000
5. O.M.No.14014/18/2000-Estt.(D) dated 22.06.2001
6. O.M. No. 14014/3/2005-Estt.(D) dated 09.10.2006
7. O.M. No. 14014/3/2005-Estt(D) dated 19.01.2007
8. O.M. No.14014/2/2009-Estt.(D) dated the 11.12.2009
9. O.M. No. 20011/1/2008-Estt.(D) dated 11.11.2010
10. O.M. No.14014/2/2009-Estt. (D) dated 03.04.2012
11. O.M. No. 14014/3/2011-Estt.(D) dated 26.07.2012
12. O.M. No. 14014/02/2012-Estt(D) dated 16.01.2013
13. O.M. No.14014/2/2009-Estt.(D) dated 09.10.2017
14. O.M No.43019/9/2019-Estt.(D) dated 23.08.2021

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