Can Son in law get father in law's job after his death

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) The Government of India have reviewed the scheme of compassionate appointments and in suppression of earlier OMs on the subject, have issued consolidated instructions as contained in their office Memorandum No.14034/1/77-Estt(D), dated 23.5.78. (not printed). It has been decided that these instructions may now be followed in the CSIR and its Laboratories/Institutes henceforth.

In order to lay down a uniform procedure for dealing with the cases of compassionate appointments the following further guidelines may kindly be adhered to:

The appointments to posts of LDC or any other Group 'C' post of comparable rank may be approved by the Directors of the National Laboratories/Institutes under their own powers as "Head of Department" in accordance with the provisions and subject to the conditions mentioned in the Govt. of India O.M. as mentioned above. For making appointments to Group 'D' Posts, prior approval of the DG-CSIR may be obtained by the laboratories/Institutes for filling up of such posts in relaxation of the ban imposed thereon.

Prior approval of the DG-CSIR is also necessary in the following types of cases:-

where relaxation of qualifications is involved.

where there is an earning member in the family, and it is proposed to appoint another member of the family on compassionate grounds.

where belated appointments are involved, i.e. appointments to be made after a period of two years of the death of the CSIR employee.

For the purpose of making reservations upto 3% of posts falling vacant in a calendar year, technical, auxiliary technical and administrative post's in Group 'C' and technical and non-technical posts in Group 'D' will be treated as separate cadres, While referring cases to this office, suitable Justification may please be given invariably.

(CSIR letter No. 17(108)/76-E.II, dated 24th August, 1978

(1.3.2) Compassionate appointment of son/daughter/near relative of deceased Government Servant-Consolidated instruction.

The Government o f India have further reviewed the scheme of making compassionate appointments and in suppression of their earlier office Memorandum No. 14034/1/77-Estt(D) dated 23.5.78, have issued revised consolidated instructions as contained in their Office Memorandum No. 14014/1/77-Estt.(D). dated 25.11.1978 (not printed). It has been decided that these instruction may be followed in the C.S.I.R. and its Laboratories/Institutes henceforth, in suppression of our earlier letter of even number dated 24.8.78 on the subject.

In order to lay down a uniform procedure for dealing the cases of compassionate appointment, the following further guidelines may kindly be adhered to:-

Prior approval of the Director General, C.S.I.R. is also necessary in the following types of cases

for filling up of a post in Group 'C' if it is lying vacant for more than six months;

for filling up of all Group 'D' posts in relaxation of the ban imposed thereon by Vice-President, C.S.I.R.;

where relaxation of qualifications is, involved;

where there is an earning member in the family, and it is proposed to appoint another member of the family on compassionate grounds, and

Where belated appointments are involved, i.e. appointments to be made after a period of two years of the death of the C.S.I.R. employee.

It may also please be ensured that the number of such posts do not exceed substantially and significantly 50% of the vacancies in any calendar year, after allowing reservations for Scheduled Castes/handicapped persons and other prescribed categories.

(CSIR letter No. 17(108)/78-E.11, dated, 6th July, 1979)

(1.3.3 ) Compassionate appointment of son/daughter/near relative of deceased Government servant-Consolidated instructions.

Reference CSIR Circular letter No. 17(108)/78-E.II, dated 6th July, 1979. CSIR have since reviewed the position with a view to eliminating routine references to CSIR Headquarters and it has been decided that henceforth all cases of compassionate appointments will also be dealt with and decided at Lab. level strictly in accordance with the Govt. instructions. The following points may kindly be specially kept in view :-

According to the Govt. of India instructions, relaxation of qualification is permissible only in the case of widow. Therefore, no relaxation of qualification may be granted in any other cases

All compassionate appointment whether in category 'C' or category 'D' will be made only against clear vacancies arising in a laboratory/Instts. after 1-6-1986. In any case, no vacancy existing in a lab./Instts., prior to 1-6-1986, will be utilized for offering compassionate appointment

In case a dependent of an employee of a Lab/lnstt. seeks employment on compassionate grounds in another Lab./Institute, the request may be considered in consultation with the Labs./Instts. concerned.

Each Lab./lnstt. will ensure that number of such posts where compassionate appointments are made do not exceed substantially and significantly by 50% of the vacancies in any calender year after allowing reservation for SC/ST/Handicapped personnel and other prescribed categories.

(CSIR letter No. 5(14)/87-E.II, dated 3rd April, 1987.)

(1.3.4) Compassionate appointments - Clarification Reg.

Reference DO letter No.2/89/91-SC/ST, dated 15th July 1992 from Joint Secretary(Adm) conveying instructions of DG-CSIR in the matter of filling up of posts and inter-alia clarifying that there was no ban on filling up of backlog vacancies earmarked for SC/ST categories under the Special Recruitment Drive. (Please see para 3.1.8)

The Govt. of India has now decided that there will be no ban on making compassionate appointments; a copy of Govt. of India O.M. No. 14014/22/92-Estt.(D), dated 25th January 1993 is enclosed for your ready reference. (not printed)

You are requested kindly to follow these instructions subject to observance of guidelines instructions issued by CSIR from time to time in the matter.

(CSIR letter No. 17(108)/78-E.II, dated 16th February, 1993.)

(1.3.5) Compassionate appointment of son/daughterlnear relative of deceased Government servant-consolidated instructions.

Reference :

Letter No.5(14)/87-E.II, dated 3.4.1987 delegating powers for making compassionate appointment to the Heads of Labs./lnstts.; and

Letter No. 17(108)/78-E.II, dated 7th/I2th July, 1987 forwarding a copy of DPT No. 14014/6/86- Estt.(D) dated 30.6.87 containing latest consolidated guidelines for making compassionate appointments.

Prior to decentralisation of powers, all proposals for compassionate appointments were being considered at the CSIR Hqrs. with a view to examining them within the instructions/guidelines laid down by the Government of India and for maintaining uniformity in the matter of clearance of such appointments. However, it has been noted for some time that after decentralisation of this work in 1987 some Labs./lnstts. are not following these instructions/guidelines; in some cases, such appointments are made in higher grades. Such decisions are not in keeping with the spirit of these instructions/guidelines of Government of India.

It may kindly be noted that compassionate appointments in deserving cases could be made only in the initial grades against Group-C or Group D posts and the persons so appointed should have academic/technical qualifications and experience laid down for such posts. The concession should be extended only in really deserving cases after taking into consideration the number of dependents, assets and liabilities left by the deceased employee, benefits received by the family under various welfare Schemes etc.

It is, therefore, emphasised that the appointment on compassionate grounds shall be considered only in deserving cases and are made at the initial grades of Group-C or Group-D, as the case may be, depending upon the qualifications etc. possessed by the family member (s) of the deceased employee. However, if in any exceptional case, it is considered necessary to offer appointment at higher grades of Group-C or Group-D, the appointment should be made only with the prior approval of the DG CSIR, for which the proposal with all necessary details/documents should be referred to CSIR for clearance.

(CSIR letter No. 17(108)/78-E.II, dated 20th September, 1993.)

(1.3.6) Appointment on compassionate grounds.

There being no ban on filling up of the vacancies on compassionate appointments, you may consider such appointments against available vacancies with or without 10% cut in the sanctioned strength, strictly as per GOI instructions on the subject of compassionate appointments. However, if there is no post vacant after applying 10% cut and compassionate appointment could be done only without 10% cut, then in that case, the post so filled up will be required to be adjusted against the future vacancies, which become available with 10% cut in the sanctioned strength.

(CSIR letter No. 14(2)/95-E.II, dated 18th May, 1995)

(1.3.7) Sub: Appointment of Son/Daughter/Close relatives for Group 'C' & 'D' post on compassionate Grounds.

Reference: CEERI,Pilani letter No. 11(52)/78-Estt., dated 18.11.1992 and subsequent reminder, dated 11.12.19925 it is informed that:-

There is no ban on filling up of vacant posts in Group 'C' & 'D' on compassionate grounds subject to fulfilment of Govt. of India/CSIR instructions issued from time to time.

Regarding filling of posts falling vacant due to resignation/retirement/death on or after imposition of ban, prior approval of DGSIR is necessary before notifying and/or filling of vacancies already notified prior to.issue of ban instructions except those meant for filling up through DPC System.

Advocate Siddhant Sharma LawRato