Memo 529-Compassionate Appointments-Clarifications on Relaxation of Employment Exchange Procedure

MemoNo.529/G1/75-8,  Dated the 19th August, 1975-Compassionate Appointments -  Employment - Recruitment procedure - Relaxation of Employment Exchange procedure in favour of a dependent of a deceased State Government Servant - Certain clarifications - Orders - Issued.

Ref:- 1. G.O.Ms.No.1005, Employment and Social Welfare Department, dated 27th December, 1974.
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                 In G.O.Ms.No.1005, Employment and Social Welfare Department, dated 27th December, 1974, orders were issued to appoint a child (son or daughter) or spouse of a deceased Government employee without the medium of Employment Exchange subject to certain conditions stipulated therein. With reference to these orders several Collectors, Heads of Departments, individuals, etc., raised various points for clarification. Some of them are identical but clothed in different terminology of words. These points have been carefully examined in consultation with the Director of Employment and Training and clarifications thereon are hereby issued as mentioned in the Annexure.
Whether appointment will be made in the same Department where his father had worked and died while in service or any other Department.
It should be in the same department as there will be vacancy or a consequential vacancy in the Department or office where the deceased worked.
Whether the G.O. does have retrospective effect.
The G.O. would apply only to cases which have arisen on or after issue of the G.O. i.e., 27.12.1974. "Arising or a case on a particular date" would mean the occurrence of the death of the employee while in service on that date. The G.O. has no retrospective effect.

When the elder earning member is separated from the family whether the younger brother can be appointed or not.

From whom the certificate of "No earning member in the family" is to be obtained.
The person should be given a place only in the office where his deceased father worked, provided he is qualified. This will make enquiry easy. Hence evidence of the colleagues of the deceased will be readily available. If for any reason a job is not immediately available, be will have to wait but should be accommodated in the first vacancy. It should not matter if a son has divided himself from the family and he is already employed. If the family is without a bread winner, one son/daughter out of the remaining or the wife may be given a job.
Instead of the approval of the Collector for appointment in the District the approval of the Head of the Department may be appropriate.
Not accepted.
In case of non-availability of a vacancy readily, whether a temporary candidates 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 L.D.Cs. In the unlikely contingency of a vacancy not being available he will have to wait for some time. The idea is not to retrench and create heart burning.
Whether the concessions contemplated in the G.O. apply to the employees of local bodies such as Samithi and Zilla Parishad employees of teachers etc., who die in harness.
The concessions available under this G.O. are admissible not only to State Government Offices but also to all other establishments including Corporations, Local Bodies Panchayat Raj Bodies (Municipalities etc.) State Public Sector undertakings etc. 
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 in the lowest category, this will not arise. The Employment Exchange has merely to be informed.
Whether the concession can be extended to work-charged establishment of the department.
Since the recruitment to the work-charged establishment is required to be made through the medium of Employment Exchange the G.O. applies to the members of such establishment also.
Whether an adopted child of a deceased may come under the definition of child in terms of this G.O.
While the first son is in the army and the second son is not willing to work. Whether the third son can be employed.
The clarification against point 4 above will hold good here also.
Whether the rule of  reservation for S.Cs. and S.Ts. or B.Cs. etc., is to be followed in respect of the appointment made under the said G.O.
If the deceased Government servant's son, daughter or spouse proposed to be employed do not belong to S.Cs., S.Ts., etc., and the first vacancy is a reserved vacancy the appointment need not be postponed on humanitarian grounds. But this post can be adjusted against the next open competition vacancy. Thus there will be no change in the numbers and it will only be a case of slight postponement on humanitarian grounds.
Whether the appointees are eligible for regularisation without further selection by the District Selection Committee.
If a post within the purview of the District Selection Committee is filled in by a candidate under the provision of the G.O. his services cannot be regularised unless he gets himself selected by the District Selection Committee on a subsequent date.
Whether the widowed daughter who is the only legal heir of a Government employee who dies in harness is also eligible for 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 her parents, herein 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 rank than that of R.D.O.
The desirability of laying down that it is first incumbent upon that Government office, organisation in which a Government employee died in harness to appoint a Child or spouse under that G.O. if a suitable vacancy is becomes available may be considered.
It will be for the establishment in which the Government employee has died to provide employment to the child of the employee for appointment to the first available vacancy. If the son/daughter or wife of the deceased is given the freedom to seek employment in any other District as per convenience of the Department of his or her choice, it will lead to complications. However, he/she can later seek transfer under the normal procedures.