NAPE Ambattur

1)Review of compassionate appointment cases – Three Year Time Limit condition withdrawn by DOPT – Application for Compassionate appointment may not be reject on the ground that it had already been considered thrice unless it was rejected due to lack of merit/not found suitable under the criteria for compassionate appointments

No. 19(4)/2015/D(Lab)

Government of India

Ministry of Defense

New Delhi, the 30.4.2015.

OFFICE MEMORANDUM

Subject: Review of compassionate appointment cases regarding.

The undersigned is directed to invite attention to this Ministry’s OM No.19(3)/2013/D(Lab) dated 18.11.2014 vide which all administrative/authorities were requested to strictly comply the instructions contained in Para 8 of DoP&T OM No. 14014/02/2012-Estt(D) dated 16.1.2013 regarding withdrawal of three years time limit and Sl.No. 38-43 of FAQ issued vide DoP&T OM No. 14014/02/2012-Estt(D) dated 30.5.2013.

2. An issue has been raised by Bhartiya Pratiraksha Mazdoor Sangh (BPMS) informing that the Line Directorates/Units of Army HQrs are not considering the compassionate appointment cases in true spirit of the guidelines issued by DoP&T and the requests for compassionate appointment are being rejected on the plea that as per policy once three consecutive chances had been considered, the Case is considered to be closed and cannot be opened.

3. As per the new guidelines on compassionate appointment, any application for compassionate appointment is to be considered without any time limit and decision taken on merit in each case.

4. Regarding re-opening of old cases which were closed on completion of three years time limit as per the earlier policy of DoP&T, it may be noted that the DoP&T vide their OM dated 30.5.2013 have clarified that the closed cases can be reopened provided tat the cases were closed due to non-availability of vacancies during the 3 year time period. However these cases may be considered as per the criteria mentioned in Sl.No. 32 & 39 of FAQ dated 30.5.2013. Such cases should not be opened merely because the time limit has been waived off. In this regard DoP&T have further clarified that the cases which have been closed for not being found suitable under the criteria for compassionate appointments, need not to be opened irrespective of the waiver of time limit.

5. In view of the above, all the Service HQrs / lower formations are requested to follow the DoP&T’s above guidelines in letter and spirit. They may not reject any application for compassionate appointment simply on the ground that it had already been considered thrice unless it was rejected due to lack of merit/not found suitable under the criteria for compassionate appointments. If the compassionate appointment could not be granted due to non-availability of vacancies at that time, any fresh application, received now should be re-considered after adjudging his penurious condition on the basis of the family’s latest financial/economic condition, number of dependents of the family as on date, latest marital status of dependents etc in the light of the existing guidelines of DoP&T on the subject.

 

sd/-

(Biswajit Guha)

Under Secretary(Lab)

2)Marriage of daughter not a bar in being considered for govt. job on compassionate grounds after the death of her father while in service: Madras High Court

Affirming a Single Judge’s ruling that that marriage alone need not necessarily disentitle a woman from claiming a Government job, as marriage is not a disqualification, a Division Bench of the Madras High Court has held that married daughter of a government employee is entitled to be considered for the job on compassionate grounds after the death of her father while in service subject to her fulfilling two requirements : one, she must obtain a no-objection certificate from other siblings and; two, she and her husband must give an undertaking that she will take care of other members of her parents’ family from her salary.

“A married daughter is eligible for consideration, subject to submission of no-objection certificate of other members of the deceased’s family and also with an undertaking from her and her husband that she will take care of other members of the parents’ family,” said a division bench of the Court comprising of Justice Satish K Agnihotri and Justice M Venugopal recently, while dealing with a case of one Kayalvizhi whose father V Indarjith died while in service in the education department under the State Government.

Kayalvizhi, who was the only daughter of Indarjith and happened to be married by the time he died in harness, then applied for appointment on compassionate grounds. When she was denied appointment, she approached the High court seeking reliefs. Citing a government order governing the issue, a single judge of the Madras High Court said she was entitled to be considered for the job. Her marriage alone need not necessarily disentitle her from claiming the job, as marriage is not a disqualification, the judge said.

Assailing the order of the learned Single Judge, the Assistant Primary Education Officer in Anthiyur in Erode district had gone in appeal before the Division Bench.

Ruling in favour of Kayalvizhi, the Division Bench relied on an earlier judgment of the Court in Kamatchi v. state of Tamil Nadu, wherein it had been held that even if there are other members in the family, the beneficiary could take a no-objection from them and stake her/his claim for appointment under compassionate grounds, and the GO issued by the State Government, which on its part, clearly said an NOC from the remaining members of the family, an undertaking from the beneficiary that he/she shall be helpful to her/his parents’ family and an assurance from the spouse of the beneficiary that he/she shall not cause hindrance to her/him in helping members of his/her parents’ family in future, should be fulfilled to become eligible for appointment.

The Division Bench upheld Kayalvizhi’s rights in this regard subject  to her producing a NOC from members in her paternal family and an undertaking from her husband, and directed the authorities to consider her case for appointment within a period of four weeks.

3)IPS, IRS Officers submits 7th Pay Commission to scrap empanelment for Secretary Posts – IAS gets more advantage in pay and positions and other services are discriminated says Police and revenue service associations

Officers of the police and revenue services have petitioned the 7th Pay Commission seeking scrapping of the Centre’s empanelment process for appointments to the posts of secretary, additional secretary and joint secretary.

The Indian Revenue Service (IRS) association has demanded scrapping of the empanelment process which is dominated by the IAS and sought higher pay. The IPS association has quoted statistics to demonstrate how other services have always been discriminated both in pay and positions compared to the ‘elite’ Indian Administrative Service (IAS).

About 75% of the joint secretaries, 85% of the additional secretaries and 90% of the secretaries are from IAS. The proportion of IAS dramatically increases from 10-12% at the level of directors to 75% at the JS level, a presentation from the IPS association says.

The 7th Pay Commission was constituted in February 2014 and is expected to give its report by October this year. Its recommendation will guide how the salary and various allowances of central staff will be revised besides improving their service condition.

“Strong entry barriers have been erected for other services, with 5-10 years gap in empanelment to prevent them from reaching JS level,” the IPS officers have pleaded before the pay commission, saying this is causing frustration among the forces that is leading country’s fight against terror and left-wing terrorism.

Out of 20 joint secretaries in the home ministry, only one is from the IPS and the department of internal security is not even headed by an IPS. “The system over a period of time created the ruling class who occupy JS and above posts and the working class which are compelled to remain at directors’ level and below,” the presentation says.

The IRS officers have asked the pay panel to consider giving them more pay over the IAS as they are “performing the most important sovereign function of revenue collection.” The two-year edge being enjoyed by the IAS should be reconsidered in the present context when they are no longer handling revenue collection for central government, the IRS presentation says.

The IRS officers have also questioned the two-year edge enjoyed by the Indian Foreign Service, seeking the pay panel to reconsider this “in the light of service conditions particularly whether any hardships are faced by them.”

A change in the composition of the civil services board, committee of secretaries and the special committee of secretaries has been sought with representation of members of other cadres.

“A rule should be made which prevents no two persons belonging to a single service to be appointed as members of these three bodies,” the IRS officers have demanded to bring in the required change in the central staffing scheme.

The IPS officers have claimed that the present system of batch-wise empanelment for senior posts is causing huge discrimination. Merit and right man for the right post is not the norm followed for selection, they said, demanding transparency in empanelment.

 

If you take four steps, I will take 10 steps with you 

 

People still trust postal department:

Even Maoists Do Not Attack Post Offices For Fear of Losing Trust:Communications and IT Minister, Ravi Shankar Prasad, said

Underscoring the importance of India Post, Telecom Minister Ravi Shankar Prasad today claimed that even Maoists don't target the postal network for the fear of losing people's support.

"People of the country still trust the postal department. I want to tell you a very sensitive thing... There is so much of Maoist violence, but still, the attacks on post is low because they (Maoists) also know that if they try to attack it, the people will be unhappy with them," Prasad said during the launch of a mobile app for India Post.

The Minister suggested that India Post should strive to become the largest player in the e-commerce segment.

"I want that in e-commerce, India Post should become the largest player and you have to do it... If you take 4 steps, I will take 10 steps with you because I am seeing that in India, e-commerce has got a very good future," he said.

Prasad assured the staff that not even a single employee would lose his job even as he exhorted them to change with times.

The postal department has established the e-commerce center at Safdarjang in New Delhi which will handle e-retailing exclusively. It's equipped with modern technology and is capable of handling 30,000 parcels per day.

Leading e-commerce players such as Amazon, Paytm, Yepme, Snapdeal and the like are already using services of India Post.

The mobile app for India Post is android-based and includes features like real-time tracking, post office search and postage calculator.