Controller General of Defence Accounts has issued orders on Compassionate appointment for lifting the time limit of three years in line with Office Memorandum issued by DOPT on Compassionate Appointment on 26.07.2012
CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR ROAD PALAM DELHI CANTONMENT- 110 010
No. AN/VIII/19001/Circular
Date: 11.12.2012.
To
The All PC of A(Fys)/PCsDA/CsDa
Sub:Ā Review of three years time limit for making compassionateĀ 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. Ā It is mandated that while dealing the case forĀ appointmentĀ 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 2012Ā instructionĀ dated 05.05.2003 prescribing the three years’ time limit for consideration of request for compassionateĀ appointmentĀ has been withdrawn. This effectively means theĀ instructionsĀ as issued vide OM dated 09.10.1998 is in force.
(ii) All the requests for compassionateĀ appointmentĀ even those which have been considered earlier and belated requests will be considered onĀ meritĀ as perĀ instructionson the subject provided a vacancy isĀ 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 freshĀ applicationĀ for compassionateĀ 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 compassionateĀ appointmentĀ 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)
New 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 ofĀ appointmentĀ on compassionate grounds vide Department of Personnel andĀ 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 theĀ instructionĀ contained in OM dated 5.5.2003 referred to above. AccordinglyĀ
DoP&T OM No F.No.14014/3/2011-Estt(D) dated 26.7.2012Ā (copy enclosed) is circulated for information, compliance, guidance and necessary action.
(K.K. Daimary)