Compassionate Appointment- Three years time limit lift in line with DOPT OM dated 26.07.2012- CGDA Circular
CONTROLLER GENERAL OF DEFENCE ACCOUNTSULAN BATAR ROAD PALAM DELHI CANTONMENT- 110 010
No. AN/VIII/19001/CircularDate: 11.12.2012.
The All PC of A(Fys)/PCsDA/CsDa
Sub: Review of three years time limit for making compassionate appointment.A copy of DoP&T O.M. F.No. 14014/3/2011-Estt (D) dated 26.07.2012 received under Ministry of Defence letter No. 19(9)/2012/D(Lab) dated 08.08.2012, on the above subject is forwarded herewith for information, compliance, guidance and necessary action please.2. It is mandated that while dealing the case for appointment or compassionate grounds following clarifications, received from DoP&T on their OM dated 26.07 2012, may be scrupulously be adhered to:
(i) Vide OM dated 26.07 2012 instruction dated 05.05.2003 prescribing the three years’ time limit for consideration of request for compassionate appointment has been withdrawn. This effectively means the instructions as issued vide OM dated 09.10.1998 is in force.
(ii) All the requests for compassionate appointment even those which have been considered earlier and belated requests will be considered on merit as per instructionson the subject provided a vacancy is available now.
(iii) Cases which have been considered as per O.M dated 05.05.2003 and closed for want of vacancy can be considered again if the dependent of diseased government servant prefer fresh application for compassionate appointment. Such cases are to be treated as per Para 8 of this department’s O.M dated 09.10.1998.3. HQrs office circulars issued on the subject regarding cases where any type of relaxation are required are still in force. The case which require relaxation of any kind including belated requests for compassionate appointment should be forwarded to HQrs office for obtaining the orders of the CGDA.
Please acknowledge receipt.Sd/-(P.K. Rai)Sr.Asstt. CGDA (AN)
No. 19(9)/2012/D(Lab)Government of IndiaMinistry of DefenceNew Delhi, the 8th Aug, 2012.
Subject: Review of three years time limit for making compassionate appointment.
The undersigned is directed to say that the Hon’ble CAT Allahabad Bench has quashed the three year time limit of offer of appointment on compassionate grounds vide Department of Personnel and Training O.M. No 14014/19/2002/Estt(D) dated 5.5.2003. The Writ Petition filed against the Order was also dismissed on 7.5.2010. The Department of Personnel and Training has re-examined the above Judgement in consultation with Ministry of Law and has decided to withdraw the instruction contained in OM dated 5.5.2003 referred to above. Accordingly DoP&T OM No F.No.14014/3/2011-Estt(D) dated 26.7.2012 (copy enclosed) is circulated for information, compliance, guidance and necessary action.
Sd/-(K.K. Daimary)Under Secretary to the Govt of India
Also Download DoP&T OM No F.No.14014/3/2011-Estt(D) dated 26.7.2012