GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.A) DEPT.
Memo.No.5786/Ser.A/97-14,
Dated: 02-11-1999
Read the following:
Sub: Public Services -
Subordinate Services - Compassionate appointments to the spouse / son / daughter of
deceased Government employee who die in harness while in service - Certain
clarifications – Issued.
3. From the District Collector, Kumool,
letter No. Re. A7/4212/96, dated 15-1-1997.
In G.O.Ms.No. 84, General Administration
(Ser.A) Department, dated 17-2-1982 read with G.O.Ms.No. 110, General
Administration (Ser.A) Department, dated 22-2-1984, instructions were issued
that the dependents of deceased Government servants shall not be appointed in
the vacancies reserved for S.Cs., S.Ts. and B.Cs., unless they are members of
the respective communities and that they shall be considered for appointment in
the vacancies meant for OC candidates, if they are readily available, and if
such vacancies are not readily available, they may be appointed against
supernumerary posts to be created for the purpose. Instructions were also issued therein that
any supernumerary post so created shall continue till such time a vacancy
arises as per roster for O.C. candidates and when a regular vacancy arises as
per roster, the supernumerary post so created automatically ceases. The said
G.O. further lays down that the above procedure shall be adopted for the
dependents of deceased Government employees who belong to S.C., S.T. or B.C.
community when there is no vacancy for that community as per the roster.
2. The District Collector, Kurnool, while
referring to the above said G.O., has stated that supernumerary posts are to be
created separately for O.Cs., S.Cs, S.Ts. and B.Cs., if there are no vacancies
for these categories as per the roster, which shows that O.C. vacancies are not
exchangeable to reserved categories. He has further stated that the erstwhile
General Rule 22 (ii) (b) is also not applicable to compassionate appointments,
as merit is not tested on competitive basis, to consider the claims of
S.Cs/S.Ts/BCs. against O.C. vacancies. The District Collector, Kurnool has therefore,
presumed that the reserved category candidates may not be considered for
appointment against O.C. vacancies under compassionate grounds when there are
no vacancies for them and sought clarification in this behalf.
3. The matter has been examined and it is
hereby clarified that O.C. vacancies are not reserved category vacancies in the
roster and anybody including candidates belonging to reserved categories can
also be accommodated in the O.C. Vacancies. Further the contention of the
District Collector that the claim of S.C./S.T/B.C. candidate against O.C.
vacancy cannot be considered under the scheme of compassionate appointments as
merit is not tested on competitive basis is also not correct. The objective of
the scheme is to provide immediate succour to the family of the deceased
employee duly providing alternate bread winner by giving appointment on
compassionate grounds but not on competitive basis. As such these appointments
are kept outside the purview of Andhra Pradesh Public Service Commission/District
Selection Committee and Employment Exchange and are to be treated as direct
recruitments. Therefore, in the absence of vacancies for reserved categories in
the roster and if there are any O.C. vacancies available, the S.C/S.T/B.C dependent
candidates can be considered for appointments, under the scheme of compassionate
appointments, against such O.C. vacancies instead of creating supernumerary
post. Hence the presumption of District Collector, Kurnool, that the reserved
category candidates may not be considered for appointment against O.C. vacancies
under the scheme of compassionate appointments is not in order.
4. It is further clarified that if there is
an O.C. vacancy available, it can be utilised by appointing the S.C/S.T/B.C
candidate under the scheme of compassionate appointments to the dependents of
deceased Government employees even if there are no vacancies available for
these reserved categories as per the roster instead of creating supernumerary
posts. The supernumerary post has to be created only in the absence of the
vacancy meant for O.C. category. Similarly in case of O.C/S.C/S.T/B.C
candidates, if there is no immediate vacancy for that particular community and
if O.C. vacancies are available in the roster after certain reserved category
vacancies, such O.C. vacancies can be utilised, by-passing the immediate S.C/S.T/B.C.
vacancies for accommodating and appointing the O.C/S.C./S.T/B.C. candidate
under the scheme of compassionate appointments. Therefore, there is no need to
create supernumerary post when O.C. vacancy is available in the roster.
N.V.H. SASTRY
Secretary to Government (Services)