Compassionate appointment in Pondicherry for son upon father's death

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Appointment on Compassionate Grounds depends from services to services and state to state. You need to fulfill the criteria and the objectives only then you can obtain a job on compassionate grounds. kindly go through the rules below and see if you fall under the grounds or not. you can also file an RTI to seek clarification

1. OBJECT
The object of the Scheme is to grant appointment on compassionate grounds to a
dependent family member of a Government servant dying in harness or who is
retired on medical grounds, thereby leaving his family in penury and without any
means of livelihood, to relieve the family of the Government servant concerned
from financial destitution and to help it get over the emergency.
2. TO WHOM APPLICABLE
To a dependent family member –-
(A) of a Government servant who –-
(a) dies while in service (including death by suicide); or
(b) is retired on medical grounds under Rule 2 of the CCS (Medical
Examination) Rules 1957 or the corresponding provision in the Central Civil
Service Regulations before attaining the age of 55 years (57 years for
Group ‘D’ Government servants); or
(c) is retired on medical grounds under Rule 38 of the CCS(Pension) Rules,
1972 or the corresponding provision in the Central Civil Service
Regulations before attaining the age of 55 years (57 years for Group ‘D’
Government servants); or
(B) of a member of the Armed Forces who –
(a) dies during service; or
(b) is killed in action; or
(c) is medically boarded out and is unfit for civil employment.
Note I "Dependent Family Member" means:
(a) spouse; or
(b) son (including adopted son); or
(c) daughter (including adopted daughter); or
(d) brother or sister in the case of unmarried Government servant or
(e) member of the Armed Forces referred to in (A) or (B) of this para,
-- who was wholly dependent on the Government servant/ member of the Armed
Forces at the time of his death in harness or retirement on medical grounds, as
the case may be.
Note II "Government servant" for the purpose of these instructions means a
Government servant appointed on regular basis and not one working on daily
wage or casual or apprentice or ad-hoc or contract or re-employment basis.
Note III "Confirmed work-charged staff" will also be covered by the term
‘Government servant’ mentioned in Note III above.
Note IV "Service" includes extension in service (but not re-employment) after
attaining the normal age of retirement in a civil post.
Note V "Re-employment" does not include employment of ex-serviceman before
the normal age of retirement in a civil post.
3. AUTHORITY COMPETENT TO MAKE COMPASSIONATE APPOINTMENT
(a) Joint Secretary incharge of administration in the Ministry/Department
concerned.
(b) Head of the Department under the Supplementary Rule 2(10) in the case of
attached and subordinate offices.
(c) Secretary in the Ministry/Department concerned in special types of cases.
4. POSTS TO WHICH SUCH APPOINTMENTS CAN BE MADE
Group ‘C’ or Group ‘D’ posts against the direct recruitment quota.
5. ELIGIBILITY
(a) The family is indigent and deserves immediate assistance for relief from
financial destitution; and
(b) Applicant for compassionate appointment should be eligible and suitable for
the post in all respects
under the provisions of the relevant Recruitment Rules.
6. A. EXEMPTIONS
Compassionate appointments are exempted from observance of the following
requirements:-
(a) Recruitment procedure i.e. without the agency of the Staff Selection
Commission or the Employment Exchange.
(b) Clearance from the Surplus Cell of the Department of Personnel and
Training/Directorate General of Employment and Training.
(c) The ban orders on filling up of posts issued by the Ministry of Finance
(Department of Expenditure).
B. RELAXATIONS
(a) Upper age limit could be relaxed wherever found to be necessary. The lower
age limit should, however, in no case be relaxed below 18 years of age.
Note I Age eligibility shall be determined with reference to the date of application
and not the date of appointment;
Note II Authority competent to take a final decision for making compassionate
appointment in a case shall be competent to grant relaxation of upper age limit
also for making such appointment.
(b) Secretary in the Ministry/Department concerned is competent to relax
temporarily educational qualifications as prescribed in the relevant recruitment
rules in the case of appointment at the lowest level e.g.Group ‘D’ or Lower
Division Clerk post, in exceptional circumstances where the condition of the
family is very hard provided there is no vacancy meant for compassionate
appointment in a post for which the dependent family member in question is
educationally qualified. Such relaxation will be permitted upto a period of two
years beyond which no relaxation of educational qualifications will be admissible
and the services of the person concerned, if still unqualified, are liable to be
terminated.
Note In the case of an attached/subordinate office, the Secretary in the concerned
administrative Ministry/Department shall be the competent authority for this
purpose.
(c) In the matter of exemption from the requirement of passing the typing test
those appointed on compassionate grounds to the post of Lower Division Clerk
will be governed by the general orders issued in this regard:-
(i) by the CS Division of the Department of Personnel and Training if the post is
included in the Central Secretariat Clerical Service; or
(ii) by the Establishment Division of the Department of Personnel and Training if
the post is not included in the Central Secretariat Clerical Service.
(d) Where a widow is appointed on compassionate ground to a Group ‘D’ post,
she will be exempted from the requirement of possessing the educational
qualifications prescribed in the relevant rules provided the duties of the post can
be satisfactorily performed by her without possessing such educational
qualifications.
7. DETERMINATION/AVAILABILITY OF VACANCIES
(a) Appointment on compassionate grounds should be made only on regular
basis and that too only if regular vacancies meant for that purpose are available.
(b) Compassionate appointments can be made upto a maximum of 5% of
vacancies falling under direct recruitment quota in any Group ‘C’ or ‘D’ post. The
appointing authority may hold back upto 5% of vacancies in the aforesaid
categories to be filled by direct recruitment through Staff Selection Commission
or otherwise so as to fill such vacancies by appointment on compassionate
grounds. A person selected for appointment on compassionate grounds should
be adjusted in the recruitment roster against the appropriate category viz SC/ST/
OBC/General depending upon the category to which he belongs. For example, if
he belongs to SC category he will be adjusted against the SC reservation point, if
he is ST/OBC he will be adjusted against ST/OBC point and if he belongs to
General category he will be adjusted against the vacancy point meant for General
category.
(c) While the ceiling of 5% for making compassionate appointment against
regular vacancies should not be circumvented by making appointment of
dependent family member of Government servant on casual/daily wage/adhoc/contract
basis against regular vacancies, there is no bar to considering him
for such appointment if he is eligible as per the normal rules/orders governing
such appointments
(d) The ceiling of 5% of direct recruitment vacancies for making compassionate
appointment should not be exceeded by utilising any other vacancy e.g. sports
quota vacancy.
(e) Employment under the scheme is not confined to the Ministry/
Department/Office in which deceased/medically retired Government servant had
been working. Such an appointment can be given anywhere under the
Government of India depending upon availability of a suitable vacancy meant for
the purpose of compassionate appointment.
(f) If sufficient vacancies are not available in any particular office to accommodate
the persons in the waiting list for compassionate appointment, it is open to the
administrative Ministry/Department/ Office to take up the matter with other
Ministries/Departments/Offices of the Government of India to provide at an early
date appointment on compassionate grounds to those in the waiting list.

Advocate Siddhant Sharma LawRato