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Review of three years time limit for making compassionate appointment: CGDA Circular

IMPORTNT CIRCULAR
CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR ROAD PALAMI DELHI CANTT- 110 010

No. AN/VIII/19001/Circular

Date: 11.12.2012.

To

The All PC of A(Fys)/PCsDA/CsDa

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

A copy of DoP&T O.M. F.No. 14014/3/2011-Estt (D) dated 26.07.2012
received under Ministry of Defence letter No. 19(9)/2012/D(Lab) dated
08.08.2012, on the above subject is forwarded herewith for information,
compliance, guidance and necessary action please.
2.   It is mandated that while dealing the case for appointment or compassionate
grounds following clarifications, received from DoP&T on their OM dated
26.07 2012, may be scrupulously be adhered to:

(i) Vide OM dated 26.07 2012 instruction dated 05.05.2003 prescribing the
three years’ time limit for consideration of request for compassionate
appointment has been withdrawn. This effectively means the instructions as
issued vide OM dated 09.10.1998 is in force.

(ii) All the requests for compassionate appointment even those which have
been considered earlier and belated requests will be considered on merit as per
instructions on the subject provided a vacancy is available now.

(iii) Cases which have been considered as per O.M dated 05.05.2003 and closed
for want of vacancy can be considered again if the dependent of diseased
government servant prefer fresh application for compassionate appointment. Such
cases are to be treated as per Para 8 of this department’s O.M dated 09.10.1998.

3. HQrs office circulars issued on the subject regarding cases where any type
of relaxation are required are still in force. The case which require relaxation
of any kind including belated requests for compassionate appointment should be
forwarded to HQrs office for obtaining the orders of the CGDA.

Please acknowledge receipt.

Sd/-
(P.K. Rai)
Sr.Asstt. CGDA (AN)

No. 19(9)/2012/D(Lab)
Government of India
Ministry of Defence
New Delhi, the 8th Aug, 2012.

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

The undersigned is directed to say that the Hon’ble CAT Allhabad Bench has
quashed the three year time limit of offer of appointment on compassionate
grounds vide Department of Personnel and Training O.M. No 14014/19/2002/Estt(D)
dated 5.5.2003. The Writ Petition filed against the Order was also dismissed on
7.5.2010. The Department of Personnel and Training has re-examined the above
Judgement in consultation with Ministry of Law and has decided to withdraw the
instruction contained in OM dated 5.5.2003 referred to above. Accordingly
DoP&T OM No F.No.14014/3/2011-Estt(D) dated 26.7.2012 (copy enclosed) is
circulated for information, compliance, guidance and necessary action.

Sd/-
(K.K. Daimary)
Under Secretary to the Govt of India

Source: http://cgda.nic.in/adm/compAppt.pdf

Click here to see DoP&T OM No F.No.14014/3/2011-Estt(D) dated 26.7.2012

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