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ABOUT CADRE RESTRUCTURING IN POSTAL DEPARTMENT

DEAR POSTMASTER,

MANY OF US IN CONFUSSION THAT WHAT IS CADRE RESTRUCTURING IN POSTAL DEPARTMENT THE WORD WHICH WE  HEAR FROM MANY SOURCES. TO MAKE YOUR SELF CLEAR ABOUT THE CONCEPT THE ENTIRE PROCEDURE IS COMPLIED AND PRESENTED HERE BELOW:





MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS

CADRE REVIEW



Cadre review is an important aspect of cadre management. It ensures a healthy balance between the functional requirements of an organisation and legitimate career aspirations of its officers. The thrust of such an exercise is on scientific manpower projection and recruitment planning in order to rationalise the cadre structure as also to enhance efficiency, morale and effectiveness of the service/cadre. In terms of the extant guidelines, ideal periodicity of cadre review is once ever y five years .


The Department of Personnel and Training, being the nodal Department for cadre review of all Group ‘A’ Central Services/Cadres, has issued various guidelines to facilitate the process. Cadre Review as a subject has been allocated to the Cadre Review Division, which also acts as the Secretariat for Cadre Review Committee constituted to review individual service/cadre. The cadre review proposals are scrutinised in this Division keeping in view the broad factors like functional requirements, stagnation at various levels, financial implications, measures for saving, organisational proficiency, etc . The proposals are then referred to the Department of Expenditure for financial concurrence and placed before the Cadre Review Committee for its approval. The Division also renders advice to the Cadre Controlling Authorities for better cadre management.

The status of Group ‘A’ Services is reviewed regularly. After first such review this year in April, all the concerned Departments were advised by the Cabinet Secretary to formulate appropriate cadre review proposals. Further, Para 1(ix) of the Government of India, Department of Expenditure Resolution No.1/1/2008-IC dated 29 August, 2008, whereby its decisions on the recommendations of 6th Central Pay Commission have been conveyed enjoins upon all the Cadre Controlling Authorities to review the services/cadres under the administrative control within a year. The Cadre Controlling Authorities have been reminded again October 2008.

There are 58 Central Group ‘A’ Services, out of which 44 services are due for cadre review this year, i.e., 2008. The cadre review proposals of five of the remaining forty four Group ‘A’ Services are already under active consideration. These are Indian



MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS

CADRE REVIEW

Defence Service of Engineers and Military Engineering Service (Surveyor Cadre), Military Engineering Service (Architect Cadre), Indian Inspection Service and Indian Supply Service The progress is being monitored constantly.

The Cadre Review Division also compiles and analyses statistical information of all the Central Group ‘A’ Services. The inconsistencies, if noted during the analysis, are brought to the notice of the concerned Cadre Controlling Authority. This exercise is undertaken on half yearly basis in January and July every year. The data as on 1st January, 2008 has already been compiled and analysed. The detailed report in this regard is also posted on this Department’s website. However, it has been decided that the next analysis would be done only after completion of cadre review of all the services envisaged in the Government’s Resolution mentioned above.
Objectives of a Cadre Review

3.3 The main purpose of a cadre review is to restructure a cadre in such a way as to remove the deficiencies which might be existing at the time of the constitution of a service or have crept in subsequently and ensure that the cadre structure satisfies the functional, structural and personnel considerations. Cadre review provides an opportunity to overcome various bottlenecks, remove existing distortions and bring about rationalisation of cadre structure so as to improve the efficiency and morale of the cadre officers and thereby enhance the effectiveness of the Service in the fulfilment of the objectives for which it has been established.

3.4 The major part of the cadre review exercise concerns advance projection of manpower requirements over the review period and the planning of recruitment for this period. Rationalisation of the cadre from the functional, structural and personnel angles is the other major objective of a cadre review. Specifically, the main objectives of cadre review are to:

i) estimate future manpower requirements on a scientific basis for a period of 5 years at a time,

ii) Plan recruitment in such a way as to avoid future promotional blocks and at the same time prevent gaps building up,

iii) so restructure the cadre as to harmonise the functional needs with the legitimate career expectations of its members and thus

iv) to enhance the effectiveness of the service.

3.5 The methodology of the cadre review is fully explained in the Detailed Guidelines (1978) appended to this Monograph (Appendix III). Salient features of the methodology are highlighted in the following link. Please click the link to see the details:


POINTS TO BE FOLLOWED BY THE CADRE CONTROLLING AUTHORITIES WHILE FORMULATING PROPOSALS FOR CADRE REVIEW

 1.                  The proposal for cadre review may be formulated in accordance with the guidelines and instructions issued by the Department of Personnel and Training and Department of Expenditure.  If there are any deviations, full justification therefore may be given.

2.                  The proposal should begin with a brief background of the Service and the development which have taken place since last cadre review.

3.                  It should contain the requisite data in prescribed proforma.

4.                  All contents may be chapterised suitably.

5.                  The abbreviations used in the proposal may be clubbed alphabetically in a list at the end of the proposal.

6.                  Full justification may be given individually for each upgradation/creation of posts, especially those at S.A.G. and higher levels. 

7.                  While sending cadre review proposals to Department of Personnel & Training, the Cadre Controlling Authorities may indicate precisely the functional requirements of various categories of posts and group them in terms of duties and responsibilities.  This can be done by conducting a general job evaluation exercise, which would help in ensuring that different grades in a cadre reflect distinctly different level of functions and that higher posts do have higher level of duties and responsibilities.  

8.                  The existing level of stagnation vis-à-vis that after the proposed cadre review may be brought out clearly.

9.                  Various kinds of reserves may be shown separately (Training, Deputation, Probation, and Leave).

10.              The existing training facilities and proposed augmentation, if any, may be indicated.

11.              The existing strength and proposed strength (grade/pay-scale wise) may be given in a tabular statement.

12.              Different mode of recruitment/promotion to various grades may be indicated.

13.              All Instructions of the Government concerning downsizing the Government are duly taken into account.

14.              Confirmation to the effect that the proposal will not result in any increase in the overall strength of the cadre or in introduction of new scales / grades. 

15.              Matching savings may be provided from within the cadre and financial implications of the proposal (which should be budget neutral) should be amplified.

16.              If the posts in the lowest grade are proposed to be abolished, its effect, if any, on the promotion prospects of the incumbents of the feeder posts may be indicated.

17.              While forwarding the cadre review proposals of Group ‘A’ Services, it may be ensured that cadre review of feeder posts from Group ‘B’, ‘C’ and ‘D’ be completed beforehand, so as to reflect the impact of the same on the induction into Group ‘A’ Services, whenever the same is envisaged in the Statutory Rules. 

18.              The position of a pending SIU Report, if any, may be stated.  The concerned Ministry/Department should give a certificate that there is no ongoing SIU study having a bearing on posts covered in the Cadre Review Proposals and that no recommendations of SIU study pertaining to the cadre are pending implementation. 

19.              The position regarding applicability or otherwise of NFSG instructions to the Service may be brought out.

20.              The status of the recommendations of the Sixth Central Pay Commission, if any, about the Service, may be given.

21.              A copy each of the latest Civil List of the Service and the latest Service Rules (Recruitment Rules) together with all amendments may be enclosed.


Cadre Re-Structuring  - DoPT Circular

In pursuance of  the decision taken in the  2nd  meeting of the National Anomaly  Committee held  on 27.03.2010, a  Joint  Committee  to  examine  the  anomalies pertaining to the Modified  Assured  Career Progression Scheme (MACPS) was   constituted vide Department of  Personnel &  Training  (D0PT)'s O.M. No.11/1/2010-  JCA dated 03.05.2010. 

The  issue of providing an option  to organisations/cadres  to  have a choice  for  the benefits under the earlier ACPS or the MACPS was also discussed in the meeting  of  the  Joint Committee. While  the  issue would  require further deliberations,  it  is  re-  iterated that MACPS (as was the case with the ACPS) is a fall back option in the event  of promotions not taking place. Cadre structure needs to  be reviewed periodically to  harmonise  the  functional needs  of  the organisation  and  career progression  of  employees. Accordingly, all concerned are advised to  review the cadre structure in a  time bound manner with a view to mitigate problem of stagnation.
View the Order Below:
N0.35034/9/2010-Estt.(D) 
Government of India 
Ministry of Personnel, Public Grievances and Pensions 
(Department of Personnel & Training) 
iEstablishment (D) 



North Block, New Delhi 
Dated:  10th February, 2011 



OFFICE MEMORANDUM 


Subject:  Review of Cadre structuring - Regarding. 

 ********** 

In pursuance of  the decision taken in the  2nd  meeting of the National Anomaly  Committee held  on 27.03.2010, a  Joint  Committee  to  examine  the  anomalies pertaining to the Modified  Assured  Career Progression Scheme (MACPS) was   constituted vide Department of  Personnel &  Training  (D0PT)'s O.M. No.11/1/2010-  JCA dated 03.05.2010. 



2.  The  issue of providing an option  to organisations / cadres  to  have a choice  for  the benefits under the earlier ACPS or the MACPS was also discussed in the meeting  of  the  Joint Committee. While  the  issue would  require further deliberations,  it  is  re-  iterated that MACPS (as was the case with the ACPS) is a fall back option in the event  of promotions not taking place. Cadre structure needs to  be reviewed periodically to  harmonise  the  functional needs  of  the organisation  and  career progression  of  employees. Accordingly, all concerned are advised to  review the cadre structure in a  time bound manner with a view to mitigate problem of stagnation.




3.  All Ministries/Departments may give wide circulation to the contents of this O.M.  for guidance and appropriate action in the matter. 

4. Hindi version will follow. 



Download the Order Below




LAST CADRE RESTRUCTURING OF GROUP C EMPLOYESS OF DOP



Government of India

Ministry of Communications & IT
Department of Posts

(SR Section)

Dak Bhawan Parliament Street
New Delhi – 110001

No. 1/4/2010-SR 6th August, 2010

Subject: - Secretary (P)’s meeting with Postal Joint Council of Action on 12.07.2010 – Item No. 6 – Cadre  Restructuring of Group ‘C’ employees, other than Accounts Cadres – Constitution of  a Committee.



This has reference to minutes of Secretary (P)’s meeting dated 12.07.2010 circulated vide No. 08/02/2010-SR dated 14.07.2010 on the above-mentioned subject.


2. As per decision taken in regard to item No 6,dealing with cadre restructuring of Group C employees,other than Accounts cadres, a committee comprising the following is constituted to examine the issue.



                      DDG (Estt)-

Charman

Official Side


DDG(P)
Director (SPN)
Staff Side
Shri. K. V. Sridharan, GS, AIPEUG – ‘C’
Shri. Giri Raj Singh, GS, AIRMS & MMS EU Group ‘C’
Shri. D. Kishan Rao, GS, NAPE Gr. ‘C’
Shri. D. Theagarajan, General Secretary of National Union of RMS & MMS Group ‘C’ will attend the meetings of the Committee as an observer.

3. The Committee will submit its report within 3 months of its formation.

Sd/-
(Subhash Chander)
Director (SR & Legal)


Cadre Restructuring Committee on 29.05.2012

The meeting was chaired by Dr. Saleem Haque, Chairman of the Committee and DDG (P), Shri Alok Saxena DDG (Tech), Director (Est), ADG (Est) were present on behalf of official side. Com. K. V. Sridharan, Leader Staff side, Com. D. Theagarajan, Secretary General, FNPO, Com. Giriraj Singh, General Secretary, R-III Com. Ishwar Singh Dabas, General Secretary, P4, Com. D. Kishan Rao, General Secretary, P 3, NAPE and T. N. Rahate, General Secretary, General Secretary, P4 FNPO were representing staff side.

The following are the broad understandings reached in the Committee meeting.

Postal Assistant

The proposal of the Staff side to upgrade 11395 single handed post offices and 6719 Double handed post offices to the status of LSG will be considered.

The present Post Masters in 3732 triple handed post offices and also the present LSG to the extent of 6989 will be upgraded to the status of HSG II.

The present HSG II and HSG I posts to the extent of 3352 Posts will be amalagamated.

 A separate identification to the extent of 30% of HSG I posts as non functional Group ‘B’ posts with grade pay of Rs. 4800/- will be formed.
1/3rd of the total LSG, HSG II, HSG I will be carved out as Postmaster Grade-I, Grade-II, and Grade-III respectively.

 The posts of System Administrators will be made as LSG vice versa.
PO & RMS Accountant will be made as a separate channel of promotion by reidentifying the Posts of LSG, HSG-II and HSG I posts.

The RMS, Circle office and SBCO staff will be considered as per the ratio finalised in respect of Postal Assistant cadre.

The Official side accepted the above proposal and assured to consider the above and come out with the final decision shortly. As requested by them a common proposal of the Staff side has been submitted to day itself.

Cadre review for Postman & MTS’
the MTS is the common category for all Central Govt. employees, there is no possibility of bringing them under cadre review.

As functional Justification could not be identified for the Postman and also the higher pay granted by the 6th CPC, the official side did not favour any cadre review. However official side came forward with the proposal if the Postman cadre opts out from the MACP scheme and agree to take the percentage wise promotions it will be considered. It requires a deep study and the Postman unions will discuss the issue and come out with the proposals.

The chairman conveyed that the next meeting will be arranged in short notice to finalise the proposals.

source : aipeuchq

Constitution of Committee for Organizational Restructuring in the Department of Posts





With the approval of the Secretary a Committee for Organizational Restructuring in the Department of Posts has been constituted under the Chairmanship of Shri Ashutosh Tripathi, CPMG, Madhya Pradesh Circle. The Terms of Reference of the Committee are:



a) To revisit the norms for creation of new Postal Divisions and Regions as well as upgradation of Class II Division into Class I Divisions;

b) To study the feasibility of organizational restructuring of field formations (Circle and below) keeping in view the emerging needs for India Post in the new socio-economic environment;

c) Review of norms for upgradation of Post offices;

d) To study the feasibility of strengthening / creation of Postal Assistants /Sorting Assistants Posts in view of the increased need of Systems Administrators;

e) Any other relevant issue as may be assigned by the Competent Authority later.

2. The Committee is at present examining the feasibility of Organizational Restructuring of field formations (Circle and below) keeping in view the emerging needs for India Post in the new socio-economic environment as well as induction of technology in the Department. While deliberating on this, the Committee has decided to obtain valuable inputs from the concerned stakeholders.



3. In the light of the above, the Directorate has now requested the CPMsG to provide their considered views on what, according to them are the problems (both administrative and operational) in the current Organizational set up and what could be the possible revised structure for all category of Offices that could address these problems with the given human & financial resources.



4. They have also been requested to give their views on possibility of creation of Vertical Silos clearly identifying the possible Silos given the nature of the work in the Department of Posts not only as per the current scenario but also the possible one in the next decade; along with their possible structures; responsibility, financial; and reporting system etc. The possibility of extending the Silos till the Head Post Office may also be considered.


IN SHORT CADRE REVIEW IS DONE FOR THE FUNCTIONAL REQUIREMENT OF ONE ORGANISATION.legitimate career expectations of its members to enhance the effectiveness of the service.




Holding of PA/SA Recruitment 2012-Directorate issued orders.

Holding of PA/SA Recruitment 2012-Directorate issued orders.


Directorate has been issued orders for holding of PA/SA recruitment 2012 vide Memo No.A-34012/5/2011-DE dated 13/07/2012. Some Important dates are placed here under for the information of the blog viewers.

1.Notification will be issued by the Circle Heads and Sale of Applications start from 11/08/2012
2.Last date of sale of application forms is 25/09/2012
3.Last date for submission of the application is 01/10/2012
4. cost of the application is Rs.50/- and fee for examination is Rs.200/-. Fee has to be paid in to UCR/ACG-17 in any of the Post Office. Fee relaxation will be there for Women/PH/SC/ST Candidates.
5.Completed applications has to be sent to Direct Recruitment Cell, New Delhi HO, New Delhi-110001 through Speed Post/Regd.Post only. Applications sent through couriers will not be accepted.
6.Age: between 18 to 27 years for General category candidates, relaxation will be up to 3 years for OBCs and 5 years for SC/ST candidates.
7.Qualification: 10+2 or equivalent passed with 60% marks for OCs, 55% for OBCs and 45

Feedback of MACP Joint Committee meeting held on 27.7.2012 - NFIR


Feedback of MACP Joint Committee meeting held on 27.7.2012 - NFIR

Meeting of the Joint Committee on MACPs Anomalies

As decided in the National Anomaly Committee Meeting held on 17/07/2012, the DOPT held separate meeting with the Leaders of Staff Side at North Block, New Delhi, Room No. 190 on 27/07/2012. Shri.M.Raghavaiah, General Secretary, NFIR has participated in the meeting.

Discussions were held on following issues:-

1. Grant of MACP in the promotional hierarchy :-
The staff side insisted that option be given to individual employees in this regard to facilitate him/her to opt for availing benefit of financial upgradation.
After discussion it was agreed to examine in depth for finding solution.

2. Date of effect of MACP Scheme :
The desirability of giving effect to the MACP Scheme w.e. f. 01.01.2006 will be examined.

3. Counting of total temporary status Casual Labour Service reckoning 10/20/30 years under MACP Scheme:
Official Side stated that this will be processed separately.

4. Treatment of employees selected under LDCE/GDCE Scheme:
In the light of the instructions issued when the ACP Scheme was introduced. The same policy be adopted and accordingly orders will be issued. In other words, those inducted through LDCE/GDCE Scheme, such induction may be counted as appointment and will be reckoned as promotion.

5. Problems faced in the identical Grade Pay:
It was agreed to issue instructions for granting additional increment for fixation of Pay in case of promotion to the same Grade Pay. Instructions in this regard will be issued to Ministry of Railways etc .

6. Financial Upgradation Under MACPs, in the case of staff who joined another unit/organisation on request:
The Staff Side has pointed out that OM dated 01/11/2010 should be suitably Amended covering the staff who were transferred on request on reversion to the Unit/Organisation so that the total service rendered in the previous Unit/Organisation may be counted for MACPs. It was agreed to be considered.

7. Extension of benefit of MACPS to an employee appointed in Grade where direct recruitment element is there while ignoring service and promotion rendered prior to his appointment in that post:
Official Side reiterated that suitable clarification No. 5 of OM dated 09/09/2012 was already issued.

8. Stepping up of Pay of Senior incumbents at par with Junior incumbents as a consequence of ACP/MACPs :
Staff Side has explained the case of gross injustice done, more particularly in the Accounts Department of India” Railways wherein the incumbents who cleared the Appendix examination are drawing less pay than those who could not qualify the said examination and got the benefit of MACPs. The staff side insisted that this situation is leading to de-motivation among qualified staff and urged for rectifying the anomalies. It was agreed to consider and Ministry of Railways advised to send the proposal

9. Employees who got one promotion prior to 01/09/2008 and completed over two decades of service without benefit of promotion and are denied third ACP under MACPs:
After discussion, official side agreed that is a peculiar situation and assured to take action to rectify the situation. The staff side has insisted that in such cases third ACP should be straight away given to staff from the date subsequent to the date of completion of two decades of service after promotion. Official side appreciated the logic and reasonableness and agreed to considered.
Official Side apPft’Cialcd the logic and reawnablencss and agreed to consider.

10. Modification of recruitment rules particularly in Railways and upgradation granted by abolition of Pay Scale-Implementation of MACPs :
The Staff Side explained that in the Railways the lower Pay Scales were abolished and posts were upgraded to the higher Pay Scales with revision of recruitment qualification and designation. In such cases the staff side insisted that entry Grade Pay as a result of upgradation subsequent to abolition of lower Pay Scales should be taken into consideration for reckoning 10/20/30 years of service for granting MACP.

Official side has agreed to obtain detials from Ministry of Railways for issuing appropriate clarification. In the meanwhile, Railway Board will have discussion with the Staff Side separately so that appropritate proposal could be sent to the DoP&T.

11. Placement of staff as a result of upgradation of posts :
The Staff side (NFIR) insisted that such placements should not be considered as promotion for the purpose of grant of financial upgradation under MACP Scheme.
Official side stated that this will be examined.

12. In the course of discussion the Official Side also stated that MACP Scheme should be a fall-back option and the Ministries should conduct Cadre Restructuring for ensuring that the staff could be promoted within the reasonable time i.e. within 10 years. When the Staff Side pointed out that the Ministry of Railways is citing the instructions of Ministry of Finance issued some years back that only one third of the Cadre could be disturbed, for revising the percentages, the Official Side clarified that necessary clarificatory instructions will be issued to the Ministry of Railways etc., so that the Cadre Restructuring can be done without problems.

dear postmaster a word with you


DEAR POSTMASTER,



This gives me immense pleasure to communicate with you through this mass media to discuss about a cadre that we opted and selected through competitive departmental exams on the basis of firmly constructed recruitment rules which is published in the official gazette even though our path and the destination is not clear.



There was some confidence among us when the order of creation of Postmaster cadre was issued by the department. We saw rays of hope in the construction of RR published in the gazette. In the gazette even method of ad hoc posting is also envisaged.



You may noticed that from the postings by some bloggers who are representing Mass and their pressure the Department started to issue many orders which are against the Postmasters in the name of clarificatory orders but actually the original order was very clear on which basis only the confident officials given options and appeared for tough COMPETITIVE
exam.




The department also do not want to lose the quality staff who can manage as an in charge of an operative unit. So instead of protecting the eligible Postmasters, department nailed on the Postmasters not to move from their cadre by not allowing them to appear the LDCE for promotion to IPs and Group B, declining promotion and kept mum.



The divisional administrations come to know that these cadre officials are orphaned by the department. So no one will question us in case of any severity, partiality shown against these postmaster and started to harass them by pulling out clerical strength from that office and applying strict rules and regulations on them whereas the counterparts managing in the general line offices are seen softly and forgiven. The postmaster cadre officials are also asked to work at counter and share their clerical work as that is requirement of that movement.



The federated unions are also taken several issues related with the Postmaster cadre officials up to some extent. They can take up the issue only by comparing with the equal ant cadre in general line that is HSGI/II and LSG. But according to our work experience as an office in charge, we all may come in to one conclusion that comparing with general line Postmasters:




1.  Expectation of the administration from us is more.

2.  The responsibility on our job lasts up to 20 to 30 years.

3.  The work on the computer environment gives more comfortable but as the same time very risky without vigilant supervision which is not expected from the general line

4.  The punishment are reduced on their age but in Postmaster cadre an official is charge sheeted and held up his increment for 18 months for one day delay of speed post article.



We can list out many of such things. If anyone wishes to share their experience they can also comment on this and will be published in this blog.



So in short, to establish the uniqueness of the cadre and representing Directorate for our own grievances we should be united and ask for the justice to uphold the prestige of this Post.



I have compiled some questions that are to be asked to the department when we represent through our own association:



1.  Postmaster cadre is blessed or cursed?

2.  Why the LDCE are deprived for Postmaster cadre officials. Is department is going to give any uniqueness to this cadre in cadre restructuring?

3.  This is the first time in history in a Central Government department where Juniors are given ad hoc promotion and seniors are deprived the same for the reason  that they opted one new cadre which is created and floated by department by itself.

4.  What are the damage control steps the department is going to take? Is this is justice on the Central Government employee who have full faith on the Governmental rules and laws and given option to hold a post with highest responsibility without any special compensation.

5.  “Why this koli veri” on the Postmasters of India post who is holding highest responsible post in the operative unit which is the back bone of the department.



If you have any other questions in other angle you can also suggest me. To solve all the above puzzles we should united and represented on our own. Our brothers could not understand our mental and physical state at this movement.



Therefore it is high time to unite and represent



Best Wishes,



With regards,

POSTMASTER MAHARASHTA

PS Gr. B DPC for the year 2012-13.

PS Gr. B DPC for the year 2012-13.

Directorate vide memo No. 9-23/2012-SPG dated 23.07.2012 has called for the ACRs/APRs of 522 Officers for holding DPC for the year 2012-13. Vacancies are to be calculated.
<< Click Here >> to download the memo

Review of three years time limit for making Compassionate Appointment

Review of three years time limit for making Compassionate Appointment

 


F.No.14014/3/2011-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi,
Dated the 26th, July 2012

OFFICE MEMORANDUM

Subject : Review of three years time limit for making compassionate appointment.

The primary objective of scheme for compassionate appointment circulated vide O.M. No. 14014/6/94-Estt(D) dated 09.10.1998 is to provide immediate assistance to relieve the dependent family of the deceased or medically retired Government servant from financial destitution i.e. penurious condition. 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”.

2. This Department’s O.M. No. 14014/6/1994-Esst.(D) dated 09.10.1998 provided that 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 was, however, to 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 call for a great deal of circumspection. The decision to make appointment on compassionate grounds in such cases was to be taken only at the level of the Secretary of the Department/Ministry concerned.

3. Subsequently vide this Department’s O.M. No.14014/19/2002-Estt.(D) dated 5th May, 2003 a time limit of three years time was prescribed for considering cases of compassionate appointment. Keeping in view the Hon’ble High Court Allahabad judgment dated 07.05.2010 in Civil Misc. Writ Petition No. 13102 of 2010, the issue has been re-examined in consultation with Ministry of Law. It has been decided to withdraw the instructions contained in the O.M. dated 05.05.2003.

4. The cases of compassionate appointment may be regulated in terms of instructions issued vide O.M. dated 09.10.1998 as amended from time to time. The onus of examining the penurious condition of the dependent family will rest with the authority making compassionate appointment.

sd/-
(Mukta Goel)
Director (E-I)

Source : www.persmin.nic.in 
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/14014_3_2011-Estt.D-26072012.pdf]


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