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CIRCULARS ON COMPASSIONATE GROUND

February 26, 2012


RBE No. 165/2006
No.E(NG)II/95/RC-1/94  dt:02.11.2006

Sub: Appointment on compassionate grounds of ward/spouse of medically de-  
categorised staff on the Railways.
                                                                    ***
Attention is invited to para (5) of instructions contained in Board’s letter of even number
dated 14.6.2006, wherein, it has been stipulated that all those employees medically decategorised after issuance of Board’s letter No. E(NG)II/95/RC-1/94 dated 18.1.2000 will also be covered under the conditions stipulated in para (4) of letter dated 14.6.2006.

2.  On some of the Railways instances have come to notice where all such cases including
those where the employee has been medically decategorised after  14.6.2006 are also being
submitted for General Manager’s consideration. With regard to the same, it is clarified that para
(6) of Board’s letter dated 14.6.2006 is applicable only in those cases where employee have been
medically decategorised between 18.1.2000 and 14.6.2006 and cases where decategorisation has occurred after 14.6.2006 may be dealt in the same way as done prior to issuance of Board letter dated 18.1.2000.
————————————-
No.E(NG)II/2006/RC-1/Genl./11           New Delhi, dt:15.1.2007

Sub:  Appointment on compassionate grounds of ward/spouse of medically de-    
categorised staff on the Railways.

Ref:  Railway Board’s letters
(i)  No.E(NG)II/95/RC-1/94 dated 18.1.2000.
(ii) No.E(NG)II/95/RC-1/94 dated 14.6.2006.
(iii)No.E(NG)I-2004/RE-3/9 dated 7.12.2005.
***
Attention is invited to Ministry  of Railways (Railway Board)’s letter under reference (i)
stipulating that in cases where an employee is  totally incapacitated and is not in a position to
continue in any post because of his medical  condition, he/she may be allowed to opt for
retirement. In such cases, request for appointment on compassionate ground  to an eligible ward
may be considered. The same was reiterated vide para(3) of Board’s letter under reference (ii).

2. Further, vide letter under reference(iii), it has been stipulated that provision of Section
47(i) of the persons with Disabilities (Equal opportunities, protection of Rights and Full
Participation) Act, 1995 will apply to medically decategorised Railway servants who are declared
totally incapacitated for further service even in the lowest medical category. As these provided for continuation in service of a medically incapacitated employee on a supernumerary post, there would be no occasion for such an employee to be retired from service by the administration on medical grounds.

3. Instructions issued vide E(NG)I-2004/RE-3/9 dated 7.12.2005 and directions contained in
letters Nos. E(NG)II/95/RC-1/94 dated 18.1.2000 & 14.6.2006 are not contradictory. It means that Administration cannot retire a medically totally incapacitated employee automatically. However, if the employee himself/herself opts for retirement, he/she may be allowed to do so.

1.  It is clarified that stipulation made vide Board’s letter under reference (i) and reiterated
vide Para (3) of Board’s letter  under reference (ii) has not been withdrawn and if a Railway
employee who is totally incapacitated and is not in a position to continue in any post because of
his medical condition may be allowed to opt for  retirement, if he so desires.

(This disposes South Western Railway’s letter No.SWR/P.268/269/UBL/UBLS/Pilot dated
8.1.2007)

——————————————————————————————————

No.88-Sec(E)/RC-3/43/Pol.Pt.     New Delhi, dt:5.9.2007

Sub: Appointment on compassionate grounds in RPF/RPSF-Procedure  regarding.

In super session of all earlier instructions on the subject, the following instructions
may be kept in view while dealing with the cases for appointment on compassionate
grounds in RPF/RPSF.

(1)         APPOINTMENT IN RPF/RPSF AND OTHER DEPARTMENTS OF THE   
RAILWAY: Board has already decided that  the following procedure should be
followed while providing appointments on compassionate grounds to the wards of
RPF/RPSF personnel (Reference this office letter No.2002/Sec(E)/RC/PREM dated
3.1.2003:

(1.1)  Security Department should process the  cases for appointment on compassionate
grounds of wards of RPF/RPSF personnel  for suitable posts/vacancies in the
Security Department itself including the Ministerial Wing of RPF/RPSF.
(1.2)  In the case of male/female wards, efforts  should be made to absorb them in the
RPF/RPSF itself subject to their fitness for the particular post.
(1.3)  Only when it is not possible  to finalise the cases as per sub-para (1.1) and (1.2)
above, wards of RPF/RPSF personnel may be considered for appointment on
Compassionate grounds in other Departments of the Railway.
(1.4)  Similarly, the wards of Railway personnel working in Departments other than
RPF/RPSF would also be considered for appointment on compassionate grounds in
RPF/RPSF whenever any vacancy exists.

(2) ELIGIBILITY FOR APPOINTMENT IN RPF/RPSF:

(2.1) A suitable ward of the RPF/RPSF staff who dies in harness (including death by
suicide) or who are declared medically unfit for any job in the Railway may be considered
for appointment in the RPF/RPSF itself.

(2.2)  A suitable ward of the RPF/RPSF staff who dies during the extension of service
but not on re-employment may also  be considered for appointment on
compassionate grounds.
(2.3)  Only one ward will be considered for such appointment.
(2.4)  Where the widow of an ex-staff of RPF/RPSF cannot take up employment on
compassionate grounds and her children are minor, the case may be kept pending
till her child becomes major. Appointment may be offered preferably to the eldest
ward and in the event of his/her being unwilling to accept the offer, the next or
subsequent ward may be considered for compassionate appointment within a period of five years from the date of death/medical invalidation. The application
for compassionate appointment should be submitted preferably within two years of
attaining the age of majority by the candidate.
(2.5)  If the widow of the deceased employee remarries, neither she nor his ward will be
eligible for appointment on compassionate grounds. However, a widow appointed
on compassionate grounds will be allowed to continue in service even after
remarriage.

(3)     AUTHORITY TO MAKE COMPASSIONATE APPOINTMENTS:

Chief Security Commissioner of the concerned zonal railway and Chief Security
Commissioner/RPSF are competent to make  compassionate appointments in RPF/RPSF
through a screening committee constituted as per instructions contained in relevant
standing order issued for direct recruitment to that post.

(4) QUALIFICATIONS AND CONDITIONS TO BE FULFILLED FOR         
APPOINTMENT:

Candidates for appointment in RPF/RPSF on compassionate ground
should be eligible and suitable for the post in all respect as per RPF Rules. No relaxation
in recruitment standard (physical and educational) will be given.

(5)PRIORITY FOR MAKING COMPASSIONATE APPOINTMENT:      

The following should be the order of priority to be followed while making
appointments on compassionate grounds:

(i)  An eligible ward of an RPF/RPSF staff who dies in an  encounter.
(ii)  An eligible ward of an RPF/RPSF staff who dies or is permanently crippled
in the course of duty.
(iii)  An eligible ward of an RPF/RPSF staff who dies in harness as a result of
railway or other accidents when off duty.
(iv)  An eligible ward of an RPF/RPSF staff who dies due to natural causes,
while in service.

For the proper enforcement of priorities,  separate lists should be maintained in
CSC’s office for categories mentioned above. The date of priority should be the date of
eligibility. All appointment should be made strictly  in this order. Where, for any special
reason, it is felt necessary to depart from the priority list, the sanction of the next higher
authority (DG/RPF) for appointment to Group  ‘C’ posts must be obtained giving special
reasons for ignoring the priority and the list of persons being put back in priority list. Such
cases should however be rare.

(6) RELAXATION IN UPPER AGE LIMIT FOR APPOINTMENT IN
RPF/RPSF: Age eligibility shall be determined with reference to the date of application
and not the date of appointment. The upper age limit may be relaxed wherever found to be
necessary.
(i)  by the Director General/RPF for appointment to a Group ‘C’ (viz. Sub-
Inspector and Constable) post in RPF/RPSF, and
(ii)  by the concerned CSC for appointment to a Group ‘D’ post in RPF/RPSF.

(7) PROCESSING OF CASES FOR  COMPASSIONATE APPOINTMENT IN
RPF/RPSF:  All cases of compassionate appointments of wards of RPF/RPSF staff in RPF/RPSF may be initiated and processed by  the Security Department in consultation
with the Personnel Department wherever such consultation is considered to be necessary.

(8) GENERAL:

(8.1)  Time limit for the purpose of compassionate appointment shall be determined from
the date of death/medical invalidation of the railway employee to the date of
submission of first application requesting for appointment on compassionate
grounds.

(8.2)  Appointments on compassionate grounds to Group ‘C’ (viz. Sub-Inspector and
constable) and ‘D’ posts in RPF/RPSF shall be made by following procedure laid
down for direct recruitment to that post in the relevant standing order. However,
those who fail to qualify in Physical efficiency Test may be given one more chance
after a gap of at least three months.

(8.3)  Subject to educational qualification and availability of vacancy the request for
appointment on compassionate grounds may be considered in the following order:
(i)Sub-Inspector (ii) Constable (iii) Ancillary Staff.

That is, if a candidate is not found fit for the post of Sub-Inspector, he may   be
considered for the post of Constable. Further, if he is not found fit for the post of
Constable, he may be considered for the category of Ancillary staff.

(8.4)  If these instructions are silent on any aspect, the instructions issued by the
Establishment Directorate, Railway Board shall be applicable in that case.

(8.5)  These instructions are issued in consultation with the Establishment Directorate of
Railway Board.

RBE No. 84/2007
No.E(NG)II/2006/RC1/Genl./1    New Delhi, dt:7.06.2007

 Sub:  Appointment to the wife/ward/legal heir in case of death of commission   
Vendors/Bearers.
***
Attention is invited to Ministry of Railways (Railway  Board’s) letter No.2004/TG-
III/639/2 dated 1.12.2005 wherein it has Inter-alia been decided that in case of those commission
vendors/bearers who are absorbed as Group ‘D’ staff on Railways, compassionate appointment to
their wife/ward/legal heir will be permissible as per extant rules in case of their death or medical
unfitness before their retirement.

2. NFIR in the PNM Meeting  with Board (vide Item No.2/2006) have demanded that
compassionate appointment be considered in favour of wife/ward/legal heir in case of death of
commission vendor/bearer who are not screened/absorbed and die prior to their absorption.

3. Pursuant to the discussion on the issue, the matter has been considered by the Board and it
has been decided that General Manager may consider appointment in Group ‘D’ only, in favour of
ward/widow in case of death of commission vendor/bearer who was eligible for absorption in the
Railways but died before his absorption (at the time of death he was below 50 years of age as on
before 01.04.2005 and could read and write as stipulated vide this Ministry’s letter No.2004/TG-
III/639/2/Pt. Dated 2.8.2005) subject to following conditions.

i)  No appointment be considered in case of commission vendor/bearer were given two
opportunities for screening/absorption but did not avail the same and died without
being absorbed;
ii)  The eligible ward of commission vendor/bearer may considered for appointment if they
have availed their chances but failed in medical examination before absorption;
iii)  Appointment can be offered only as substitute in Group ‘D’ posts;
iv)  No transfer of vendorship to son/legal heir has taken place after the dead of the
commission vendor/bearer;
v)  The ward/widow who are considered for appointment on Railways must fulfill all other
conditions of eligibility for appointment to a Group ‘D’ post.

4.       Before considering such cases, the authenticity of the deceased vendor be thoroughly
checked by the Division/Railway and Branch officer or Deputy Head of Department as the case
may be of  Commercial Branch and he should certify the genuineness of the Commission
Vendor/bearer. The claim should be countersigned by DRM/PHOD. Later the pre-requisite
inquiry regarding financial position, family composition, dependent status etc. for engagement
be jointly done by Personnel/Welfare Inspector and CMI concerned.

—————————————————————————————————

No.E(NG)II/99/RC-1/SR/12 New Delhi, dtd. 15.06.2007 (RBE No.87/07)

Sub:  Grant of compassionate appointment towards/dependents of   
deceased/medically unfit apprentices.

* * *
Some of the Zonal Railways have been seeking clarification from the Board regarding the
admissibility of compassionate appointment to one of the dependent family members of the ex-
employee due to death or medical decategorisation/incapacitation of an Apprentice (who has been appointed on compassionate ground) during the course of training wherever  it is a pre-requisite for appointment to a working post in the Railways.

2. It is worth considering that in the event of death or medical decategorisation/incapacitation
of a candidate, appointed on compassionate ground, during the course of training, the purpose and real spirit of compassion is defeated as the family has lost two bread winners. As a result, the
family of the ex-employee is left in same adverse financial position after the death of trainee that
prevailed at the time of consideration  of offer of a job to this ward of
deceased/decategorised/incapacitated employee and the purpose of compassionate appointment was not fulfilled.

3. The matter has been considered by the Board and it  has been decided that in case a
candidate appointed on compassionate ground dies/becomes medically, incapacitated during the course of training before he/she is regularly appointed in the Railways, another opportunity may be granted to the original ex-employee/ex-employee’s widow, on whose request the
dead/incapacitated trainee ward was offered appointment on compassionate ground by the
administration, to apply for another wards’ appointment.

(This also disposes of Northern Railways letter No.E-33/790/840/Delhi/CG dated
07.03.2007).

(RBE No.87/2007)
No.E(NG)II/2006/RC-1/Genl./11                                    New Delhi, dtd. 25.05.2007
Sub:  Appointment on compassionate grounds of wards/spouses of medically
incapacitated employees on the Railways.
* * *
Attention is invited to Ministry of Railways (Railway Board)’s letter of even number dated
15.1.2007 stipulating that a railway employee if he/she is, totally  incapacitated and is not in a
position to continue in any post because of his medical condition, may be allowed to opt for
retirement, if he/she desires.

It has come to the notice of this Ministry that there have been instances on the
Railways/Pus where employees who have been totally medically incapacitated and have opted for retirement, the provision of  consideration for appointment on compassionate ground  to
ward/spouse of such employees are not being extended.

With regard to above, it is clarified that spouse/ward of such employees may continue to
be considered for appointment on compassionate ground subject to their eligibility to the post in
terms of Railway Board letter No.E(NG)II/95/RC-1/94 dated 18.1.2000 (Para-3)

———————————————————————————————–

(RBE No.53/2007)

No.E(NG)II/2006/RC-1/Genl./9          New Delhi, dtd. 4.04.07(RBE No.53/2007)

Sub:  Compassionate ground appointment – extending second chance for Aptitude
Test.
* * *
The matter regarding extending second chance  for appearing in Aptitude Test to those
candidates who have secured qualifying marks in the written test for the post of Assistant Station
Masters and Assistant Loco Pilots came up for discussion in the PNM/AIRF meeting held with
Railway Board on 18th  & 19th  January, 2007.

After due consideration, the Ministry of Railways (Railway Board) have decided that all
candidates being considered for  appointment on compassionate grounds for the post of Assst.
Station Masters and Asstt. Loco Pilots may be called a day prior to the test for a hands-on practice session while conducting Aptitude Test so that they are familiar with the nature of the test batteries and in exceptional cases where circumstances warrant additional (second) chance being given, the competent authority in the Railway  may consider the same only after a gap of six months duly taking into account the merit of each case.
———————————————————————————————————-
RBE No. 78/2006

No.E(NG)II/95/RC-1/94                             New Delhi, dt:14.06.2006

Sub:  Appointment on compassionate grounds of ward/spouse of medically de-
categorised staff on the Railways.

***
Pursuant to the notification of the  persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation)Act, 1995 instructions were issued by Ministry of
Railways (Railway Board) laying down that in case where an employee has been medically
invalidated/decategorised where the administration cannot find alternative posts for such an
employee, he may be kept on a supernumerary post in the grade in which he was working on
regular basis, till such time suitable post can be  identified or till his retirement, whichever is
earlier. As these instructions provided for continuation of service of a medically
invalidated/decategorised employee, there would be no occasion to the employee to be retired
from service on medical grounds. Therefore, according to the instructions, in such cases the
occasion to consider a request for appointment  on compassionate ground of an eligible ward
would not arise (Board’s letter No.E(NG)I/96/RE-3/9(2) dated 29.04.1999 refers).

2. Even if the employee chooses to retire  voluntarily on his being declared medically
decategorised, if he so desires he may be  permitted but without extending the benefit of
appointment on compassionate ground to a ward (para 4 of Board’s letter of even number dated
18.01.2000 refers).

3. Board had earlier decided that in cases where an employee is totally incapacitated and is
not in a position to conti ue in any post because of his medical condition, he may be allowed to
opt for retirement. In such cases, request for appointment on compassionate ground to an eligible ward may be considered if the said employee chooses to retire voluntarily (para 3 of Board’s letter of even number dated 18.01.2000).

4. Pursuant to the demand raised by staff side the issue has been deliberated upon at length in
the full Board Meeting and it has been decided  that compassionate ground appointment to the
wife/wards/dependants of partially medically de-categorised staff who seeks voluntary retirement may be given subject to the following provisions:

(a)  The appointment will be given only in the eligible Group ‘D’ categories.
‘Eligible’would mean that in case Group ‘D’ recruitment is banned for any
particular category, the same would also apply for the compassionate ground
appointments.

(b)  Such an appointment should only be given in case of employees who are declared
partially decategorised a time when they have atleast 5 years or more service left.

(c)  CMD of the Railways should keep a watch over the trend of de-categorisation so
that the present figure do not get inflated. CMD should also get 10% partially de-
categorised cases re-examined by another Medical Board not belonging to
Divisional Hospital which initially declared them unfit.

2.  All those employees medically decategorised after issuance of Board’s letter No.E(NG)
II/95/RC-1/94 dated 18.1.2000 will also be covered under these instructions. However, such
cases which have already been finalized in terms of Board’s letters No. E(NG)II/95/RC-1/94
dated 18.1.2000, 10.11.2000 and E(NG)II/2000/RC-1/genl./17 dated 6.3.2002 & 26.5.2004 need not be re-opened.

6.   While considering such requests for  compassionate ground appointment the General
Manager should satisfy himself on the basis of a balanced and objective assessment of the
financial & other conditions of the family, that the grounds for compassionate ground
appointment in each such case is justified.(Board’s letter No.E(NG)II/98/RC-1/64 dated
28.7.2000 refers)

SOUTH WESTERN RAILWAY                                            Head Quarters Office,
Personnel Department,
No.SWR/P.268/269/CGA Policy/Corres/Vol.II                        25. 10.2007

 Sub: Policy guidelines for finalizing Compassionate Ground Appointment   cases on
S.W.Railway-
*****

1.As per the policy guidelines issued by this office regarding Compassionate Grounds Appointment on SWR vide Lr.No.SWR/P.269/268/CGA POLICY dt.24.11.2003, the candidates are subjected to multi stage Suitability tests resulting in inordinate delay in finalizing CGA cases. In order to address this issue and streamlining the procedure for  conducting suitability test for appointment on compassionate ground, it has been decided to  adopt the following procedures on S.W.Rly. This substitutes only the Paras III & IV of the Policy guidelines for SWR  issued earlier on the subject vide Lr.No.SWR/P.269/268/CGA POLICY dt 24.11.2003.

2. There will be a single suitability Test (Written examination) to be conducted for appointment on Compassionate Grounds for Gr.C categories. This test will be of 100 marks and the questions will be of 50% objective and 50% descriptive type on the subjects of General English, General
Mathematics and General Knowledge. The duration of the written test will be three hours.
Depending upon the marks obtained by the candidates in the Suitability test, CGA will be offered in different categories as indicated below:-

Marks obtained in the Written Test                                       Consideration for Gr.C / D posts
(Suitability Test)

Graduate Candidates securing 60% and                              ASM, ECRC, Guards, Junior Accounts
above                                                                                                 Assistants, Sr. Clerks

Graduates and Non-Graduates securing 50%                   Commercial Clerks, Ticket Collector,
and above                                                                                        Stenos (who posses the knowledge of typing
and stenography), Jr.Clerk cum Typist,
Accounts Clerk Gr.II, TNC.

Graduates and Non-Graduates securing 30%                 Skilled Artisans
and above.

Graduates and Non-Graduates securing                           Group D posts
below 30%

3.In case where the candidates have qualification of Diploma / B.E, can be straight away administered examination for JE-II and on obtaining 60% marks, can be offered appointment as JE-II. The candidate who fails to get the required qualifying marks may be  offered appointment as Skilled Artisan under DR quota.

4. ITI passed / Act apprentice candidates (in relevant trades) need not appear for written examination if they are considered for absorption as artisan in associated trades. Otherwise the candidate has to appear for the suitability test.

5.  The Suitability test should  be conducted every fortnight, preferably on Wednesdays(being the
middle day of the week). If this happens to be a holiday, the test should be conducted on the next
working day. Result of the screening should be declared on the same day of the written examination or the next day.

6.  In case a candidate remains absent for the Suitability Test, Competent Authority may, if reasons for absence are exceptional, allow only one additional chance to the candidates to appear for the suitability test.

7.  The Standing committee for conducting the suitability test should be formed both at the Divisional / Workshop and HQ level. Out of the three  committee members one shall be from Personnel Department and one belonging to SC/ST Community.

8.  Final offer of appointment will be subject to availability of vacancies, passing of requisite Medical Examination, producing necessary certificates and passing in Psycho test for categories like ASM and Diesel Assistant etc.

9.  The above guidelines should be read with the relevant Railway Board orders on this subject and instructions contained in Railway Board orders will prevail in case of any difference / conflict.

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