Compassion at Policy
Compassion at Policy
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OFFICE ORDER
Sd/-
((MRS.SHYAMA BHARTI)
DY.G.M.(ADMN.)
Copy to:
1. OSD to CMD.
2. Dir(HR)/Dir(Opr.)/Dir(Fin.).
3. General Manager(Admn.)/(Legal).
4. All GMs(T)/GM(Fin.).
5. All DGMs./Company Secy.
6. All Managers/Dy. Managers.
7. AM(Billing)/LWO/ASO.
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1. OBJECT
2. TO WHOM APPLICABLE
a) spouse; or
b) son(including adopted son); or
c) daughter (including adopted daughter); or
d) brother or sister in the case of unmarried DTL employee
who was wholly dependent on the DTL employee at the time of his
death in harness or retirement on medical grounds, as the case may be.
Contd............
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Note: II DTL employee for the purpose of these instructions means a DTL
employee appointed on regular basis and not one working on daily wage
or casual or apprentice or adhoc or contract or re-employment basis. .
Note: III "Confirmed work charged staff' will also be covered by the term "DTL"
employee mentioned in Note II above.
a) Director(HR) in DTL.
b) CMD, DTL in special type of cases.
c) Board of DTL for relaxations/exemptions on policy matters.
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.
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6. A. EXEMPTIONS
a). Recruitment procedure i.e. without the agency of the Delhi Subordinate
Services Selection/Board or the Employment Exchange.
b). The ban orders on filling up of posts issued by the Ministry of Finance
(Department of Expenditure)/GNCTD.
B. RELAXATIONS
Contd... ..
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7. DETERMINATION/AVAILABILITY OF VACANCIES
e) In view of the fact that a section of the DTL employees are required to deal with
hazardous nature of duties, the death rate may be on the higher side in such
areas. As such two lists for compassionate appointments will be maintained –
(i) for the dependents of the deceased employees in normal death cases and (ii)
for the dependents of those employees who die accidentally while performing
their duties during the course of employment. The applicants on the second list
shall be given priority in the grant of employment assistance.
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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 CMD, DTL who, before approving such appointment, will
satisfy himself that grant of compassionate appointment is justified having regard to
number of dependents, assets and liabilities left by DTL employee, income of the
earning member as also his liabilities including the fact that the earning member is
residing with the family of the DTL employee 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 DTL
employee is already in employment and is not supporting the other members of the
family of the DTL employee, extreme caution has to be observed in ascertaining the
economic distress of the members of the family of the DTL employee 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.
Cases of missing DTL employee are also covered under the scheme for
compassionate appointment subject to the following conditions:
(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;
Contd.. .
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b) This benefit will not be applicable in the case of a DTL employee:
(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 organization or suspected to have gone abroad.
12. PROCEDURE
a) The proforma as in Annexure-I may be used from ascertaining necessary
information and processing the cases of compassionate appointment.
b) The Labour Welfare Officer should meet the members of the family of the
deceased employee in question immediately after his death to advise and assist
them in getting appointment on Compassionate grounds. The applicant should
be called in person at the very first stage and advised in person about the
requirements and formalities to be completed by him.
c) An application for appointment on compassionate grounds should be considered
in the light of the instructions issued from time to time on the subject by a
committee of officers consisting of G.M.(A), DGM(A), LWO and concerned
Dy.Manager. The committee may meet during the second week of every quarter
to consider cases received during the previous quarter. The applicant may also
be granted personal hearing by the committee, if necessary, for better
appreciation of the facts of the case.
d) All candidates would be listed for appointment and the appointment shall be
regulated by turn depending upon the qualifications of the candidates and the
number of vacancies available under these categories with the company. The
suitability of the candidate for being appointed against any post shall rest at the
discretion of the company.
e) Recommendation of the committee should be placed before the Director(HR) for
a decision. If the competent authority disagrees with the committee's
recommendation, the case may be referred to CMD, DTL for a decision.
13. UNDERTAKING
A person appointed on compassionate grounds under the scheme should give an
. undertaking in writing (as in Annexure-I) that he/she will maintain properly the
other family members who were dependent on the deceased DTL employee 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.
Contd. .. .
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14 REQUEST FOR CHANGE IN POST/PERSON
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.
15 SENIORITY
16 GENERAL
Contd.. .
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(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 Govt.
which have made a significant difference in the financial position of the families
of the DTL employees 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 DTL employee 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.
(d) Compassionate appointment should not be denied or delayed merely on the ground
that there is re-organization in the 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.
(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 Category 'A'/'B'/'C'
DTL employees and to bring it at par with the upper age-limit of 57 years
prescribed therein for Category 'D' DTL employees on the ground that the
age of retirement has recently (May, 1998) been raised from 58 years to 60 years
for Category 'A'/'B'/'C' DTL employees (which is at par with the age of retirement
of 60 yrs. applicable to Category 'D' DTL employees) 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 yrs. has been prescribed therein for Category
'D' DTL employee for the reason that they are low paid DTL employees who get
meagre invalid pension in comparison to others.
Contd... .
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(i) A widow can request for change of nomination /candidature if she herself is not
interested for compassionate appointment before a final decision is taken by the
screening Committee and not subsequently.
(1) In case the wife or husband or son or daughter are not interested in Employment
assistance or are otherwise not eligible the benefit of Compassionate appointment
cannot be extended to a married daughter or a near relative.
(m) The Seniority in the cases where Employment Assistance has been requested due
to the retirement on account of permanent/total disablement, is to be counted,
from the date of the retirement of the employee provided the request of retirement
on the said grounds has been accepted on the basis of the recommendations of the
Medical Board.
(n) The maximum time a person’s name can be kept under consideration for offering
compassionate appointment will be three years, subject to the condition that the
prescribed Committee has reviewed and certified the penurious condition of the
applicant at the end of the first and the second year. After three years, if
compassionate appointment is not possible to be offered to the applicant, his case
will be finally closed and will not be considered again.
17. IMPORTANT COURT JUDGMENTS
The ruling contained in the following judgments may also be kept in view while
considering cases of compassionate appointment:
a) The Supreme Court in its judgment dated April 8, 1993 in the case of Auditor
General of India and others vs. G. Ananta Rajeswara Rao[ (1994) I 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 Govt. employee 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.
Contd.. .
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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
b) and
The Hindustan
Supreme Court's judgment
Aeronautics Limited Smt.4,A.1994
datedvsMay in theThirumalai
Radhika case of Umesh
[JT Kumar
Nagpal: vs. State of Haryana and others [1T 1994(3)S.C. 525] has laid down the
1996 (9) S.C. 197] on October 9, 1996 that appointment on
following important principles in this regard:
compassionate grounds can be made only if a vacancy is available for
that purpose.
i) Only dependents of an employee dying in harness leaving his family in
e. The Supreme
penury Court has
and without anyheld in itsofjudgment
means livelihoodin can
the case of State of
be appointed on
Haryana and others
compassionate vs. Rani Devi and others [JT 1996(6) S.C. 646]
ground.
on July 15, 1996 that if the scheme regarding appointment on
compassionate ground is extended to all sorts of casual, ad-hoc
ii) employees including
The posts in Categorythose who
'c' and are working
'D'(formerly as III
class Apprentices,
and IV) arethen such
the lowest
scheme cannot be justified on Constitutional grounds.
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 Category'
A' or Category 'B' category is expected or required to be given for this
**************
purpose as it is legally impermissible.
Contd.. .
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a) Family pension
_____________________________________
b) D.C.R. Gratuity
_____________________________________
c) C.P.F./G.P.F. Balance
_____________________________________
d) Life insurance policies
(Including Postal Life,
Insurance) _____________________________________
Contd.. .
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e) Moveable and immovable
properties and annual
income earned therefrom by
the family
f) Insurance amount
g) Encashment of leave
Total
3.
4.
5.
Contd.. .
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-14 PART B
(TO BE FILLED IN BY OFFICE IN WHICH EMPLOYMENT IS
PROPOSED)
VI DECLARATION/UNDERTAKING
Date.
d) Post for which employment is
Signature of the candidate
_________________________
proposed and whether it is
Group 'C' or 'D'. NAME: __________________________
ADDRESS ________________________
e) Whether there is vacancy in that
post within the ceiling of 5% _________________________
________________________
prescribed under the scheme of
compassionate appointment.
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CATEGORY 'C'
CATEGORY 'D'
1. Asstt.Linemate (ALM)