F.No.14014/23/99-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi 110001
December 3, 1999

The undersigned is directed to refer to the Department of Personnel and Training Office Memorandum No.14014/6/94-Estt.(D) dated October 9, 1998 on the above subject and to say that the question of prescribing a time-limit for making appointment on compassionate grounds has received due consideration taking into account the ceiling of 5% of vacancies falling under direct recruitment quota in any Group ‘C’ or ‘D’ post prescribed in this regard in paragraph 7(b) ibid and the ruling of the Supreme Court that appointment on compassionate grounds can be made only if vacancies are available for the purpose [mentioned in paragraph 17(d) ibid]. Accordingly, it has been decided that the Committee prescribed in paragraph 12 ibid for considering a request for appointment on compassionate grounds should take into account the position regarding availability of vacancy for such appointment and it should recommend appointment on compassionate grounds only in a really deserving case and only if vacancy meant for appointment on compassionate grounds will be available within a year, that too within the ceiling of 5% mentioned above. This would ensure grant of compassionate appointment within a year. In respect of other really deserving cases the Committee should only recommend taking up the matter with other Ministries/Departments/ Offices of the Government of India to consider those cases for appointment there as provided in paragraph 7 (f) ibid.

2. The instructions contained in the Office Memorandum dated October 9, 1998 stand modified to the extent mentioned above.

3. The above decision may be brought to the notice of all concerned for information, guidance and necessary action.

( K. K. JHA )

DIRECTOR(Establishment)

To

All Ministries/Departments of the Government of India

Copy to:-

1. The Comptroller and Auditor General of India

2. The Secretary, Union Public Service Commission.

3. Rajya Sabha Secretariat

4. Lok Sabha Secretariat

5. All State Governments/Union Territory Administrations

6. All attached/subordinate offices under the Department of Personnel and Training/Ministry of Home Affairs

7. National Commission for SCs/STs, New Delhi

8. National Commission for OBCs, New Delhi.

9. The Secretary, Staff Side, National Council

10. The Registrar General, The Supreme Court of India

11. The Department of Administrative Reforms and Public Grievances, Sardar Patel Bhavan, New Delhi-110001

12. All Officers/Sections of DoP&T

13. Establishment (D) Section (500 copies)