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can i apply for compensation appointment after a year of father death
16-Jul-2023 (In Labour & Service Law)
My father passed away while he is on duty. My father has got two wife's and I am the child of first wife. My fathers second wifes son applying within a year for compensation appointment but he's application reject many times I don't know what is the reason. Now Can I apply for compensation appointment. My father passed in 2011 but I am not applying within a year can I eligible for compensation appointment can I apply for it.. Regards..
Son/ daughter /widow/ widower of the employees are eligible for appointment on compassionate ground.
Eligibility:
1) Dependent members of the family covered under pass rules are eligible.
2) In case there are daughters who have attained majority / major son who is employed and if widow cannot take up appointment, it may be kept pending till minor attains the age of majority and if there is no other son/daughter, the major so desires could be appointed provided, he resigns the job he had and otherwise major daughter could be given appointment.
3) Casual labours could also be given appointment on compassionate ground, but offered as casual labour only.
Dependent divorced / widowed daughters should also be considered for appointment on compassionate ground, as in the case of married daughters, such cases are to be considered in terms of para 2 of Rly Board’s letter No. E(Eng)III/78/RC/1/1 of 3.2.81. Such applicants should have been wholly dependent on ex-employee at the time of death/invalidation. ( R.B’s No. E(NG)II/2001/RC-I/ER/5 of 21.11.2001.
Appointments on compassionate ground are those appointments which can be made to the dependents of Railway servants who lose their lives in the course of duty or die in harness or become crippled while in service or medically incapacitated or decategorised for the post holding or due to sickness like heart trouble, cancer or such diseases where no alternative appointment on reasonable emolument could be offered. Compassionate appointments are offered in the following type of cases:
1. Dependents of the employees who die or get permanently crippled in the course of duty;
2. Dependents of the employees who die in harness as a result of Railway accidents while off duty;
3. Dependents of the employees who die in harness while in service before retirement or medically incapacitated;
4. Dependents of the employees whose whereabouts are not known for a period of 7 years and the settlement dues of the employee are paid to the family on this account;
5. Dependents of the employees who develop serious ailments like heart diseases, cancer or medically decategorised where no alternative job of same emoluments could be offered to them.
Notes: 1. Medically decategorised non-Gazetted staff should be absorbed in suitable
alternative posts in a regular cadre only and not in tenure posts.
( R.B’s No. E(NG)I-88-RE3/1 of 11.4.88 )
2. 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 may be allowed to opt for retirement. In such cases request for appointment on compassionate grounds to an eligible ward may be considered. In the case of medical decategorisation where the employee becomes unfit for post held but he is fit for an alternative post in lower medical category, the request for appointment on compassionate ground to an eligible ward will not be admissible; even if the employee chooses to retire voluntarily. (R.B’s No. E(NG)II/95/RC-1/94 dated 18.1.2000)
3. An eligible dependent of a Railway employee who dies in harness or is retired due to medical invalidation may be allowed to complete the educational course that he may have taken up, so that he may be considered for appointment on compassionate grounds in a grade/post commensurate with the higher qualification provided that he acquire the higher qualification and applies for higher grade/ post within prescribed limit of 5 years. ( R.B’s No. E(NG)II-99/I CI/Gen.9JCM-DC dated 15.2.2000)
Son / daughter /widow /widower of the employees are eligible for appointment on compassionate ground.
In the case candidate has the necessary minimum qualification for employment in a Group ‘C’ post, his suitability for all types of Group ‘C’ posts, in order of suitability, should be judged and recorded by the screening committee, which should also clearly indicate the categories for which the candidate has not been considered suitable. Final offer of appointment will, however, be subject to availability of vacancies, passing of medical exam, production of necessary certificate etc. ( R.B’s No. E(NG)II-88/RC/-1/Policy dated 2.11.1989)
Depended divorced/widowed daughters should also be considered for appointment on compassionate ground, as in the case of married daughters, such cases are to be considered in terms of para 2 of Board’s ,letter E(NG) III/78/RC/1/1 of 3-2-1981. such applicants should have been wholly dependent on ex-employee at the time of death /invalidation. ( R.B’s No. E(NG)II-2001/RC-1/ER/5 dated 21.11.2001)
Normally only the father is taken as bread winner of the family. Where both husband and wife are Railway employees, consequent upon the death of husband appointment on compassionate ground is admissible to a ward but not on account of death of wife. In such cases, only one compassionate appointment is admissible.
This has been modified to the extent that compassionate appointment is admissible in case of death of the mother or father, subject to the stipulation that compassionate ground appointment will be available either on the death of the husband or wife whichever event occurs first.
( R.B’s No. E(NG)II-86/RC-1/1/Policy dated 31.10.1986 ) and E(NG)II-86/RC-1/1/Policy dated 02.06.1997 )
Railway employee dying in harness leaving more than one widow along with children born to the second wife, the appointment on compassionate ground to the 2nd widow and her children are not to be considered unless Administration has permitted the second marriage taking into account the personnel law. Second marriage is not permissible is invariably specified in the terms and conditions advised in the offer of appointment of initial appointment.E(NG)II-91/RC-1/136/Policy dated 02.01.1992 )
Where the widow cannot take up employment , the case can be kept open for appointment of a minor son when he attains majority, even though at the time of occurrence of the event of CGA, there was a daughter who has attained majority and or major son already employed , with the following conditions:
(a) The minor son will be attaining the age of majority with five years of the incident.
(b) Where there is more than one minor sons, it is the only eldest son who should be considered for appointment.
(c) Further, in such cases, the competent authority, should be satisfied about the request. E(NG)II-84/RC-1/172/Policy dated 01.03.1985 )
The provision for the appointment of near relative has been deleted vide Board’s letter No. E(NG)II-84/RC-1/ dated 13.12.1995.
Eligibility:
1) Dependent members of the family covered underpass rules ;
2) In cases there are daughters who have attained majority / major son who is employed and if widow cannot take up appointment it may be kept pending till minor attains the age of majority and if there is no other son / daughter, the major if so desires could be appointed provided he resigns the job he had and other wise major daughter could be considered.
3) Causal labours could also be given appointment on compassionate grounds, but offered as causal labour only.
Compassionate Ground Appointment in case Missing employees.
1) A request to compassionate ground appointment can be considered after a lapse of two years from the date of missing, provided that the FIR has been lodged and the missing person is not traceable, and the competent authority feels that the case is genuine.
2) The benefit will not be admissible to the case where the employee has only less than two years to retire or who is suspected to have committed fraud, suspected to have joined any terrorist organization or suspected to have gone abroad.
3) Power has been delegated to DRM/CWMs/HODs by Railway Board vide letter No E(NG)II-98/RC-1/64 dated 06.01.2009.
4) The services of the ward / widow will be terminated in case the missing employee become available subsequently.
There is no bar in giving appointment to the husband of a female employee on compassionate ground, in the circumstances in which compassionate ground appointment is other wise permissible.
A brother-in-law would not come within the category of eligible person for compassionate ground appointment. Similarly, a son-in-law also is not eligible for compassionate ground appointment.
Compassionate Ground Appointments : Delegation of Powers.
General Manager may consider and decide the time barred cases of Compassionate grounds appointment which are upto twenty five years old from the death / Medical unfitness of the ex-employee. Such cases are to be delegated by the GM at their personal level only and not to be delegated further. ( RBE 77/2011 dtd. 31-05-2011)
Appointment on Compassionate Grounds – Delegation of Powers
RBE 80/2010
It has been decided by the Railway Board that request for Appointment on Compassionate Grounds in post having Grade Pay upto Rs. 4200/- and Direct Recruitment quota is more than 25%. Further, in cases having merit, where Direct Recruitment quota is 25% or lesser, such cases may be referred to Railway Board’s consideration.
RBE 77/2011
General Managers may consider and decide the time barred cases of CGA which are upto 25 years old from the date of Death /Medical unfitness. ( not to be delegated further.)
In revision to RBE 80/2010 , General Managers delegated the powers to to consider the cases of appointment in Grade Pay Rs 4600/- for First Class Engineering Graduates and are in possession of prescribed qualification for the post.
No. E{NG}II/2011/RC-1/NE/21 New Delhi, Dated:6 .02.2012.
Sub: Appointment on Compassionate Grounds – Minimum
Educational qualification – regardinq
References are being received from zonal Railways/PUs seeking clarification whether exemption from possession of minimum educational qualification for compassionate ground appointment for widows are still applicable after the issue of Board’s instructions issued under RBE No.
166/2011.
The matter has been examined and it is hereby advised that widows of ex-Railway employees will be covered in instructions issued under RBE No.166/2011 for the purpose of appointment on
compassionate grounds.
Eligibility:
1) Dependent members of the family covered under pass rules are eligible.
2) In case there are daughters who have attained majority / major son who is employed and if widow cannot take up appointment, it may be kept pending till minor attains the age of majority and if there is no other son/daughter, the major so desires could be appointed provided, he resigns the job he had and otherwise major daughter could be given appointment.
3) Casual labours could also be given appointment on compassionate ground, but offered as casual labour only.
Dependent divorced / widowed daughters should also be considered for appointment on compassionate ground, as in the case of married daughters, such cases are to be considered in terms of para 2 of Rly Board’s letter No. E(Eng)III/78/RC/1/1 of 3.2.81. Such applicants should have been wholly dependent on ex-employee at the time of death/invalidation. ( R.B’s No. E(NG)II/2001/RC-I/ER/5 of 21.11.2001.
Appointments on compassionate ground are those appointments which can be made to the dependents of Railway servants who lose their lives in the course of duty or die in harness or become crippled while in service or medically incapacitated or decategorised for the post holding or due to sickness like heart trouble, cancer or such diseases where no alternative appointment on reasonable emolument could be offered. Compassionate appointments are offered in the following type of cases:
1. Dependents of the employees who die or get permanently crippled in the course of duty;
2. Dependents of the employees who die in harness as a result of Railway accidents while off duty;
3. Dependents of the employees who die in harness while in service before retirement or medically incapacitated;
4. Dependents of the employees whose whereabouts are not known for a period of 7 years and the settlement dues of the employee are paid to the family on this account;
5. Dependents of the employees who develop serious ailments like heart diseases, cancer or medically decategorised where no alternative job of same emoluments could be offered to them.
Notes: 1. Medically decategorised non-Gazetted staff should be absorbed in suitable
alternative posts in a regular cadre only and not in tenure posts.
( R.B’s No. E(NG)I-88-RE3/1 of 11.4.88 )
2. 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 may be allowed to opt for retirement. In such cases request for appointment on compassionate grounds to an eligible ward may be considered. In the case of medical decategorisation where the employee becomes unfit for post held but he is fit for an alternative post in lower medical category, the request for appointment on compassionate ground to an eligible ward will not be admissible; even if the employee chooses to retire voluntarily. (R.B’s No. E(NG)II/95/RC-1/94 dated 18.1.2000)
3. An eligible dependent of a Railway employee who dies in harness or is retired due to medical invalidation may be allowed to complete the educational course that he may have taken up, so that he may be considered for appointment on compassionate grounds in a grade/post commensurate with the higher qualification provided that he acquire the higher qualification and applies for higher grade/ post within prescribed limit of 5 years. ( R.B’s No. E(NG)II-99/I CI/Gen.9JCM-DC dated 15.2.2000)
Son / daughter /widow /widower of the employees are eligible for appointment on compassionate ground.
In the case candidate has the necessary minimum qualification for employment in a Group ‘C’ post, his suitability for all types of Group ‘C’ posts, in order of suitability, should be judged and recorded by the screening committee, which should also clearly indicate the categories for which the candidate has not been considered suitable. Final offer of appointment will, however, be subject to availability of vacancies, passing of medical exam, production of necessary certificate etc. ( R.B’s No. E(NG)II-88/RC/-1/Policy dated 2.11.1989)
Depended divorced/widowed daughters should also be considered for appointment on compassionate ground, as in the case of married daughters, such cases are to be considered in terms of para 2 of Board’s ,letter E(NG) III/78/RC/1/1 of 3-2-1981. such applicants should have been wholly dependent on ex-employee at the time of death /invalidation. ( R.B’s No. E(NG)II-2001/RC-1/ER/5 dated 21.11.2001)
Normally only the father is taken as bread winner of the family. Where both husband and wife are Railway employees, consequent upon the death of husband appointment on compassionate ground is admissible to a ward but not on account of death of wife. In such cases, only one compassionate appointment is admissible.
This has been modified to the extent that compassionate appointment is admissible in case of death of the mother or father, subject to the stipulation that compassionate ground appointment will be available either on the death of the husband or wife whichever event occurs first.
( R.B’s No. E(NG)II-86/RC-1/1/Policy dated 31.10.1986 ) and E(NG)II-86/RC-1/1/Policy dated 02.06.1997 )
Railway employee dying in harness leaving more than one widow along with children born to the second wife, the appointment on compassionate ground to the 2nd widow and her children are not to be considered unless Administration has permitted the second marriage taking into account the personnel law. Second marriage is not permissible is invariably specified in the terms and conditions advised in the offer of appointment of initial appointment.E(NG)II-91/RC-1/136/Policy dated 02.01.1992 )
Where the widow cannot take up employment , the case can be kept open for appointment of a minor son when he attains majority, even though at the time of occurrence of the event of CGA, there was a daughter who has attained majority and or major son already employed , with the following conditions:
(a) The minor son will be attaining the age of majority with five years of the incident.
(b) Where there is more than one minor sons, it is the only eldest son who should be considered for appointment.
(c) Further, in such cases, the competent authority, should be satisfied about the request. E(NG)II-84/RC-1/172/Policy dated 01.03.1985 )
The provision for the appointment of near relative has been deleted vide Board’s letter No. E(NG)II-84/RC-1/ dated 13.12.1995.
Eligibility:
1) Dependent members of the family covered underpass rules ;
2) In cases there are daughters who have attained majority / major son who is employed and if widow cannot take up appointment it may be kept pending till minor attains the age of majority and if there is no other son / daughter, the major if so desires could be appointed provided he resigns the job he had and other wise major daughter could be considered.
3) Causal labours could also be given appointment on compassionate grounds, but offered as causal labour only.
Compassionate Ground Appointment in case Missing employees.
1) A request to compassionate ground appointment can be considered after a lapse of two years from the date of missing, provided that the FIR has been lodged and the missing person is not traceable, and the competent authority feels that the case is genuine.
2) The benefit will not be admissible to the case where the employee has only less than two years to retire or who is suspected to have committed fraud, suspected to have joined any terrorist organization or suspected to have gone abroad.
3) Power has been delegated to DRM/CWMs/HODs by Railway Board vide letter No E(NG)II-98/RC-1/64 dated 06.01.2009.
4) The services of the ward / widow will be terminated in case the missing employee become available subsequently.
There is no bar in giving appointment to the husband of a female employee on compassionate ground, in the circumstances in which compassionate ground appointment is other wise permissible.
A brother-in-law would not come within the category of eligible person for compassionate ground appointment. Similarly, a son-in-law also is not eligible for compassionate ground appointment.
Compassionate Ground Appointments : Delegation of Powers.
General Manager may consider and decide the time barred cases of Compassionate grounds appointment which are upto twenty five years old from the death / Medical unfitness of the ex-employee. Such cases are to be delegated by the GM at their personal level only and not to be delegated further. ( RBE 77/2011 dtd. 31-05-2011)
Appointment on Compassionate Grounds – Delegation of Powers
RBE 80/2010
It has been decided by the Railway Board that request for Appointment on Compassionate Grounds in post having Grade Pay upto Rs. 4200/- and Direct Recruitment quota is more than 25%. Further, in cases having merit, where Direct Recruitment quota is 25% or lesser, such cases may be referred to Railway Board’s consideration.
RBE 77/2011
General Managers may consider and decide the time barred cases of CGA which are upto 25 years old from the date of Death /Medical unfitness. ( not to be delegated further.)
In revision to RBE 80/2010 , General Managers delegated the powers to to consider the cases of appointment in Grade Pay Rs 4600/- for First Class Engineering Graduates and are in possession of prescribed qualification for the post.
No. E{NG}II/2011/RC-1/NE/21 New Delhi, Dated:6 .02.2012.
Sub: Appointment on Compassionate Grounds – Minimum
Educational qualification – regardinq
References are being received from zonal Railways/PUs seeking clarification whether exemption from possession of minimum educational qualification for compassionate ground appointment for widows are still applicable after the issue of Board’s instructions issued under RBE No.
166/2011.
The matter has been examined and it is hereby advised that widows of ex-Railway employees will be covered in instructions issued under RBE No.166/2011 for the purpose of appointment on
compassionate grounds.
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