COMPASSIONATE APPOINTMENT – CLARIFICATION REGARDING REGULATION OF CONDITIONS AND ADMISSIBILITY OF VARIOUS ALLOWANCES AFTER IMPLEMENTATION OF SIXTH CPC RECOMMENDATION – REGARDING

F.No.14014/2/2009-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North block, 

New Delhi,

Dated the 3rd April, 2012

OFFICE MEMORANDUM

Subject : Compassionate appointment – Clarification regarding regulation of conditions and admissibility of various allowances after implementation of Sixth CPC recommendation – regarding.

The undersigned is directed to refer to this Department’s O.M. of even number dated 11.12.2009 on the subject mentioned above and to state that large number of references have been received from various Ministries/Departments regarding regulation of various conditions on compassionate appointment and admissibility of different allowances allowed to person appointed on compassionate grounds. Doubts raised by various authorities have been processed in consultation with Department of Expenditure (I.D. No. 22/02/2009-IC-II dated 27th February, 2012) and are clarified as under :-

S. No.	Point of Reference/Doubt	Clarification
1.	What will be Status of Trainee?	A person appointed as ‘Trainee’ enjoys the status of a Government servant from initial day and will be allowed all the allowances and benefits allowed to a government servant.
2.	What will be the maximum time period allowed for a person appointed as ‘Trainee’ to acquire minimum education qualification?	A person appointed as a ‘Trainee’ on compassionate grounds has to acquire minimum educational qualifications in 5 years.
3.	Whether belated case of compassionate appointments against the erstwhile Group ‘D’ posts can be considered now after regularization of all Group ‘D’ employees as group ‘C’ employees.?	The belated case of compassionate appointment are be considered as per the revised recruitment rules for the MTS posts.
4	Whether a person appointed on compassionate grounds as ‘Trainee’ will have probation period.?	The probation period of a person appointed as ‘Trainee’ on compassionate ground will begin only from the date he/she acquires minimum educational qualification and such person will be on probation for a period specified in the Recruitment Rules of the post/grade against which he/she is being appointed.
5	Whether Earned Leave, Half pay leave and other types of leave as applicable to regular Government employees would be allowed to a person appointed as ‘Trainee’ on compassionate ground?	A ‘Trainee’ appointed on compassionate ground is entitled to all kinds of leave applicable to a regular government servant.
6	Whether Medical facilities/ Benefit of CGEGIS/VGHS on deduction of subscription for these schemes. Patient care allowance is allowed to a person appointed as ‘Trainee’ on compassionate ground?	A person appointed as ‘Trainee’ on compassionate grounds is eligible to avail Medical facilities/Benefit of CGEGIS/CGHS available to holder of post in the pre-revised pay scale of Rs.4440-7440/- without any grade pay.
7	Status of payment of abort/long term advances as applicable to regular government servants to a person appointed as ‘trainee’ on compassionate ground?	A ‘Trainee’ appointed on compassionate ground may be granted, by the competent authority, shorty term advances, with advances of pay recoverable in not more than 3 installments and advance of traveling allowances, festival advances, advances of in lieu of leave salary and advances of purchase of bicycles, warm clothing and table fans without production of surety, provided that such authority is satisfied that the same could be fully recovered or adjusted during the period of temporary employment of the said government servant concerned. In case of all other advances, a ‘Trainee’ would be required to procedure surety from a permanent central government servant, the surety bond being cancelled in the event of their confirmation in the permanent post.
8	Applicability of Leave Travel Concession to a person appointed as Trainee’ on compassionate ground.	A Trainee’ appointed on compassionate ground is to be allowed LTC concession only on completion of one year service.
9	What is the entitlement of annual increment to a person appointed as Trainee’ on compassionate ground.	A Trainee’ appointed on compassionate ground, till he/she acquires minimum educational qualification, is allowed increment at normal rates in the pay scale of – 1s.
10	What is the position with reference to reimbursement of Children Education Allowance (CEA) to a person appointed as Trainee’ on compassionate ground.	A person appointed as Trainee’ is allowed Children Education Allowance as per the admissible rates.
11	What is the position with respect to payment of Overtime Allowance (OTA) to a person appointed as Trainee’ on compassionate ground.	A person appointed as Trainee’ on compassionate ground is not entitled for OTA during the period he/she continue as Trainee’.
12	Whether the dependent of compassionate appointee would be eligible for employment on compassionate grounds since their service in -1S pay band will not be counted as regular service.	A Trainee’ has the status of Government Servant from initial day, as such, dependent of a person appointed on compassionate ground as Trainee’ would be eligible for compassionate appointment in the event of his/her death in harness.

2. 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 Group ‘C’ – Pay Band – 1 (Rs.5200-20200) + Grade Pay Rs.1800/- directly without insisting on fulfilment 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.

sd/-

(Virender Singh)

Under Secretary to the Government of India.