Memo.No:618, Dt:17-12-1979 | Compassionate Appointments

Memo.No:618, Dt:17-12-1979 | Compassionate Appointments - Clarifications

TVSS Krishna Wednesday, April 21, 2021 0

GOVERNMENT OF ANDHRA PRADESH

GENERAL ADMINISTRATION (SERVICES-A) DEPARTMENT

Memo.No.618/Services -A/78-11 Dated. 17^th December 1979

Sub: - Public Services - Subordinate Services - Employment of dependent children of deceased Government employees who die in harness Recruitment procedure - Relaxation of Employment Exchange procedure - Certain clarifications - Issued.

Ref: - 1. G.O.Ms.No.687, General Administration (Services-A) Department, dated 3rd October 1977.

2. Memo.No.51/Services-A/78-1, dated 10th February 1978.

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As of a measure of social security the Government issued orders in G.O. Ms. No. 1005 Employment and Social Welfare, dated 27^th December,1974 providing relief to the family of a government servant who dies in harness by appointing his son or daughter or spouse in Government service without the medium of Employment Exchange subject to the conditions among other things that there is no other earning member in the family. With reference to these orders several Collectors and Heads of Departments raised various points for clarification and necessary clarifications were issued in Government Memo. No.529/G.1./75-8, Employment and Social Welfare dated 19^th August, 1975. Later, on certain representations made by members of the families of deceased Government employees, the scheme was examined with a view to provided permanent relief and orders were issued in G.O. Ms. No.687, General Administration (Ser-A) Department, dated 3^rd October,1977, in supersession of the earlier G.O. specifying the procedure· for making regular appointments of the dependents of deceased Government employees, the categories of posts for which such dependents are eligible and the time within which application for appointment should be made. After the issue of G.O. also, certain points were raised regarding relaxation of educational qualifications, age for appointment and the time limit for submission of applications, etc., The Secretaries to Government discussed the points at a meeting held on 2^nd November 1979 and made their recommendations. The recommendations are accepted and embodied in the annexure to this Memo. No. 529/G1/75-8, Employment and Social Welfare dated 19^th August 1975 in so far as they can be adapted to G.O. Ms. No.687, General Administration (Services-A) Department, dated 3^rd October 1977 for the guidance of the appointing authorities.

The Heads of Departments etc., are requested to bring these clarifications to-the notice of all appointing authorities for their guidance.

S.R. RAMAMURTHI,

Chief Secretary to Government

~~Compassionate Appointments - References (open)~~

~~Compassionate Appointments - Consolidated Instructions (open)~~

ANNEXURE

S.No:	Point	Clarification
1.	Whether appointment will be made in the same department where the deceased Government employee worked while in service or in any other Department?	It should be in the same Department as far as possible, as, there will be a vacancy or a consequential vacancy in the Department or office where the deceased worked. There is, however, no objection to the appointment in an office other than the office in which the employee worked prior to his death. If the dependent happens to be a woman, it may be better in her own interest that she is provided with a job nearer to the place where she would fined it secure to live.
2.	When the elder earning member is separated from the family whether the younger brother can be appointed or not?	It should not matter if son has divided himself from the family and is already employed. If the families without a bread winner, a son/daughter out of the remaining or the wife may be given a job.
3.	From whom the certificate of No earning member in the family is to be obtained?	The person seeking employment can declare that no other member in the family is earning. In case, the declaration is found defective at a later date, his/her services are liable to be terminated besides any other action would be taken under the law.
4.	In a case of non- availability of a vacancy readily, whether a temporary candidate has to be retrenched to appoint the dependent of the deceased employee?	The main approach is to accommodate the person in the same office mostly in posts of Class-IV and LDCs. In the unlikely contingency of a vacancy not being available, he/she will have to wait for some time. The idea is not to retrench any temporary employee and create heart burning.
5.	Whether such a candidate can be employed by passing the existing panel of the candidates?	Panels are prepared for: promotions. As the idea is to appoint him/her in the lowest category this will not arise. The Employment Exchange has merely to be informed.
6.	Whether the dependent of the deceased employee can be considered for appointment to any post irrespective of the status held by the deceased employee?	The dependent of the deceased has to be considered for the categories of posts whose pay is equal to or less than that of L.D.C. and for which he / she is eligible based on qualifications and other conditions as prescribed in the relevant rules. The post held by his/her deceased parent is not at all criterion to be taken into account.
7.	Whether the G.O. is applicable to the pensioners?	The pensioners will not at all come within its purview.
8.	Whether the concession is applicable to the dependents of an employee who died while on Leave?	The G.O. would apply to cases where a government servant while in service died in harness. It is immaterial whether the deceased employee was on leave or on deputation or on other duty or on training or under suspension etc. the only point is that he/she should not have retired from service.
9.	Whether an adopted child of a deceased employee may come under the definition of child in terms of this G.O.?	The answer is in the negative.
10.	While the first son is in the army and the second son is not willing to work whether the third son can be employed.	If the first son in the army is separated from the family, the clarification against point 2 will hold good here also.
11.	Whether the widowed daughter who is the only legal heir of a government employees who died in harness is also eligible for the said concession?	Such a widowed daughter can avail herself of the concession provided she produces a certificate to the effect that she is the only heir to the deceased employee, herself being left without any property from her husband side and that she was solely dependent on the deceased. Such a certificate should be obtained from an authority in the Revenue Department not lower in rank than that of Revenue Divisional Officer.
12.	Whether condition 2 in para 2 of the GO regarding the time limit for the submission of application for employment will apply to the dependents of Government Servants who died during the period 27.10.1973 to 27.12.1974?	The applications for appointment of such persons may be entertained within one year from 3.10.1977 (date of G.O. Ms. No.687, of 1977)
13.	Whether a minor dependent Child of a deceased Government employee can be considered for appointment?	A minor dependent of the employee who dies in harness should not be considered for providing employment under this scheme, as there cannot be any contractual obligation between the Government and the employee who is a minor the intention of the Government being to see that the family is not exposed to destitution, the relief by taking somebody, for employment, should be immediate. Therefore, a spouse or a child of the deceased Government servant should immediately apply for this relief. However, in case, where due to the fact that the child is a minor or he has not attained the educational qualification, it should be possible for them to ask for the relief, within a reasonable time, which may be two years from the date of demise of the Government servant. In such a· case, the fact should be communicated to the Government.
14.	Whether cases of the dependents of Government servants who died prior to the issue G.O.Ms.No.1005 Employment & Social Welfare dated: 27.10.1974 can be considered for appointment?	Case of the dependents of Government servants who died prior to the 27-10-1973 should not be entertained under this scheme.
15.	Whether the educational qualification may be relaxed in favour of the dependents of a deceased employee seeking a job under this scheme?	No relaxation of educational qualification for a post whose pay is equal to or less than that of LDC either in Departments of Secretariat or in the offices of Heads of Departments or in that; Subordinate Offices in the District should be considered under any circumstances.