Memo.No:5786, Dt:02-11-1999 | Compassionate Appointments - Reservations - Clarifications

GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.A) DEPT.
 
Memo.No.5786/Ser.A/97-14,                                                                                        Dated: 02-11-1999

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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.
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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)


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