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Compassionate appointment can be made only if a vacancy is available

The compassionate appointment is regulated in terms of instructions issued vide O.M. dated 09.10.1998 as amended from time to time. Based on Hon’ble Allahabad High Court judgment dated 07.05.2010 in Civil Misc. Writ Petition No. 13102 of 2010, instructions dated 05.05.2003 prescribing three years time limit has been withdrawn. At present, there is no time limit for compassionate appointment.  As per Supreme Court judgment, appointment on compassionate grounds can be made only if a vacancy is available for that purpose

Above statement was given by Minister of Personnel, Public Grievances and Pension in reply of an unstarred question in Lok Sabha.  Full details of Lok Sabha Q&A:-

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
COMPASSIONATE EMPLOYMENT

UNSTARRED QUESTION NO 1775 . Shri UMA SHANAKER SINGH & A.T. NANA PATIL
Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether no time limit has been fixed for appointment on compassionate grounds;
(b) if so, the details thereof and the reasons therefor;
(c) the number of cases of appointment on compassionate grounds pending in various Ministries/Departments during the last three years;
(d) whether the Government is considering to provide employment compulsorily to any one of the family member of the deceased who has applied for job on compassionate grounds;
(e) if so, the details thereof; and
(f) if not, the reasons therefor?

ANSWERED ON 22.08.2012
ANSWER by Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (SHRI V. NARAYANASAMY)

(a) & (b): The compassionate appointment is regulated in terms of instructions issued vide O.M. dated 09.10.1998 as amended from time to time. Based on Hon’ble Allahabad High Court judgment dated 07.05.2010 in Civil Misc. Writ Petition No. 13102 of 2010, instructions dated 05.05.2003 prescribing three years time limit has been withdrawn. At present, there is no time limit for compassionate appointment.

(c): Information on details of cases pending for appointment on compassionate ground in various Ministries/Departments/PSUs is not centrally maintained.

(d), (e) & (f): No such proposal is under consideration. As per Supreme Court judgment, appointment on compassionate grounds can be made only if a vacancy is available for that purpose.

Source Link: http://164.100.47.132/LssNew/psearch/QResult15.aspx?qref=126394

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COMMENTS

WORDPRESS: 1
  • Anonymous 10 years ago

    Indigent circumstances should alone be considered for appointment under compassionate grounds. No time limit should be fixed.