GOVERNMENT OF TAMILNADU ABSTRACT Public Services Employment assistance to families of deceased Government Servants Procedure for appointment on Compassionate Ground Creation of supernumerary posts Orders Issued. LABOUR AND EMPLOYMENT DEPARTMENT G.O.Ms. No. 23 Dated : 10.02.1993 Read: 1. G.O.Ms.No. 225, Labour and Employment dated 15.02.72 2. G.O.Ms.No. 560, Labour and Employment dated 03.08.77. 3. G.O.Ms.No. 1119, Labour and Employment, dated 20.05.81 4. G.O.Ms.No. 73, Labour and Employment dated 26.10.83 5. G.O.Ms.No. 719, Labour and Employment, dated 19.04.1989 6. G.O.Ms.No. 314, Labour and Employment, dated 13.11.91 ********** ORDER:- The Government in the G.O. first read above, introduced the scheme of providing employment assistance to the dependants of Government servants who die in harness, leaving their families in indigent circumstances. Such a dependant shall be appointed in relaxation of the general procedure of recruitment through the Employment Exchange and the rule of reservation. The appointment will be on regular basis in respect of the posts failing outside the purview of the Tamil Nadu Public Service Commission. In respect of common categories of posts like Junior Assistant, Assistant, Typist and Steno typists which fall within the purview of the Tamil Nadu Public Service Commission the appointing authorities have been empowered to make temporary appointments in the first instance and then send necessary proposals to the Government in the administrative department through the Head of Department concerned for obtaining the concurrence of the Tamil Nadu Public Service Commission for regular appointment. In respect of technical posts within the purview of the Tamil Nadu Public Service Commission, a department of deceased Government servant shall be appointed only temporary basis without reference to the employment exchange. Such candidates shall subsequently apply to the Tamil Nadu Public Service Commission in the normal channel and get
2 selected for regular appointment in the posts. Consolidated instructions have been issued in the G.Os. second and fourth read above and clarified further in the orders issued from time to time. 2. In the G.O. sixth read above among other things constructions have been issued that where the Head of Department whose office or subordinate office of deceased Government servant was in service and he is unable to find a vacancy appoint the dependant of a deceased Government servant posses qualifications which do not permit his or her appointment to any pots in that Department or where the dependant possesses better qualifications for appointment in other departments, then the need of department should send the name of all relevant particulars of such candidate to the Collector of the District in which the deceased Government servant last worked. The Collector of each district will enter these details in special Register and sponsor his / her name, whenever a vacancy is intimated to him. Whenever any vacancy arises in the office of Heads of Department, they should address the Collector to find out whether any dependant of a deceased Government servant is available for appointment on compassionate grounds. Time limits have also been prescribed in the Government order sixth read above. 3. In spite of all the procedure and instructions mentioned above, it has been observed that the eligible dependants of Government servants are not provided with employment on compassionate grounds quickly and they have often to wait for year. The Government have examined the matter in detail and have decided to create a pool of supernumerary posts to provide immediate employment assistance to the dependants of deceased Government servants, under compassionate Grounds. 4. The Government accordingly sanction 500 supernumerary posts for the following common categories together. 1. Tamil Nadu Ministerial Service : Junior Assistant, Typist & Steno typist. 2. Tamil Nadu General Subordinate Service : Record Clerk 3. Tamil Nadu Basic Service : Posts in Class III & IV 4. Tamil Nadu Secretariat Service : Assistant, Typist, Personal Clerk.
3 5. Orders will be issued from the Personnel and Administrative Reforms Department allocating the supernumerary posts to the Department of Secretariat of reallocating the posts from time to time. 6. When a Government servant dies in harness it may not be difficult for the office to ascertain the affluent, or indigent circumstances of the family and whether a dependant is eligible for appointment on compassionate grounds etc. The vacancy caused by the death or the consequential vacancy in the post of Junior Assistant Typist / Steno typists in the Ministerial services or Assistant / Typists / Personal Clerk n the secretariat service, if the deceased was in Ministerial services or in Secretariat Service, as the case may be, or vacant posts in Basic service could be utilized for appointing the dependant of the deceased. If the dependant is not suitable for such a vacancy, the dependant can be considered for any vacancy suitable for him / her. Normally the dependant of a deceased Government servant, (widow or the husband as the case may be, son unmarried daughter or legally adopted son and legally adopted unmarried daughter) should apply for appointment on compassionate grounds only to that office, where the Government servant was in service at the time of his death. The Head of the office should then verify the facts in the petition like the date of death, the indigent circumstances of the family, the eligibility of the applicant for employment on compassionate grounds with reference to his / her educational qualifications, upper age limit prescribed for consideration for appointment under compassionate grounds, viz. 30 years in respect of sons / daughters and 40 years in respect of widows / widowers or age concession allowed to scheduled Castes / Schedules Tribes / Most Backward Classes / Backward Classes under the rules etc. Only one dependent is eligible for appointment on compassionate grounds and there should not be any other earning member in the family. 7. Appointment to lower Categories of posts which are outside the purview of the TNPSC If a dependant satisfies all the qualifications for a post for which a vacancy is a suitable then the head of the Office / appointing authority shall appoint the dependant in such a post in a regular capacity within one month from the date of receipt of application form the dependant. In the case of dependant who does not satisfy the age rule of the concerned special rules / Adhoc rules but satisfies all other conditions including the age
4 prescribed for compassionate appointments, the head of office / appointing authority shall appoint him / her temporarily and send proposals to Government for the relaxation of the age rule. If a suitable vacancy is not available or where any relaxation of rule is involved then the Head of office should, within one month from the date of receipt of the application from the dependant of a deceased Government servant, submit the application along with his report to the Head of Department indicating the facts regarding the availability or non-availability of a vacancy in the office for providing employment to the applicant. After considering the request, if any vacancy exists in his office, or in other offices under his control, the Head of the Department shall issue orders of appointment immediately of direct the concerned appointing authority to issue orders of appointment in any case, within 15 days from the date of receipt of the report from the head of office, provided the applicant satisfies all conditions relating to compassionate appointment viz. age, educational qualifications etc. and no relaxation is involved. 8. Appointment to posts which are within the purview of the TNPSC In regard to posts in the common categories or posts equivalent to common categories, which are within the purview of the Tamil Nadu Public Service Commission, if there is a vacancy and the dependant satisfies all the qualifications prescribed (including the maximum age limit prescribed for compassionate appointment or age concession admissible under the rules), the head of office / appointing authority shall appoint the dependant temporarily within one month from the date of receipt of application. In the case of a dependant who is within the maximum age prescribed for appointment on compassionate Grounds but has exceeded the age prescribed under the special rules / Adhoc rules, the appointing authority after appointing the Individual should send proposals to the Government through the head of the department concerned for relaxing the age rule in consultation with the Tamil Nadu Public Service Commission. If a suitable vacancy is not available, then the head of office should, within one month from the date of receipt of the application from the dependant of a deceased Government servant, submit the application along with his report to the head of the department indicating the facts regarding the non availability of a vacancy in his offices for providing employment to the applicant.
5 After considering the request, if any vacancy exists in his office, or in other heads of offices under his control the head of the department should issue orders of appointment immediately or direct the concerned appointing authority to issue orders of appointment, in any case within 15 days from the date of receipt of the report from the head of the office, provided the applicant satisfies all conditions relating to compassionate appointment viz. age, educational qualifications etc. and no relaxation is involved. 9. Request for allotment of supernumerary posts: (a) Whenever a proposal is received by a head of department for appointing a dependant and no vacancy is available, he / she shall address the concerned administrative department in the Secretariat for allotment of a supernumerary post, indicating the approximate date, when a vacancy will arise due to promotion / retirement to set of against the supernumerary post. While sending proposal for allotment of supernumerary post, the head of department should give details as to the number of persons already in the category whether there is already a supernumerary post in that category etc. and whether he / she proposes to utilise the post elsewhere. The head of department may identity the appointing authority under his control to accommodate the dependant of a deceased Government servant in a supernumerary post and it need not necessarily be in the office where the deceased last worked. (b) In respect of posts failing within the purview of Tamil Nadu Public Service Commission, the appointment will be temporary and the commission s concurrence should be obtained for regularizing the services. 10. Wherever any relaxation of rule is necessary, other than the types of cases mentioned above, proposals should be sent to the Government in the administrative department within 15 days of receipt of the application. However, educational qualifications will not be relaxed except in the case of sweeper or equivalent or similar categories. While sending such proposals, the head of the department should also indicate whether a vacancy is available to provide employment to the candidate and if not, the proposal should include request for allotment of supernumerary post. 11. Appointment of a dependant who possesses qualifications for which no posts are available or possesses technical / professional qualifications. i. A dependant of deceased Government servant cannot seek appointment in another department simply or the ground that he possess higher
6 qualifications than what is prescribed for the post to which he is considered. However, where a dependant of a deceased Government servant posses qualifications which do not permit his or her appointment to any post in the department and also where the dependant possesses technical or professional qualification and is qualified for appointment in other departments, then the head of the Department should send the name and other relevant particulars to the Director of Employment and Training, Madras within 15 days. ii. On receipt of such proposals from the heads of department, the Director of Employment and Training should address, within 15 days, the Head of the Department who is having the post for the qualifications possessed by the dependant of the deceased Government servant. iii. That head of the department, if he is the appointing authority to that particular post, and the candidate is qualified in all respects and no relaxation of any rule is involved, may straight away appoint him / her temporarily in an existing vacancy. This should be done within a period of 30 days. If no vacancy is available, he may return the proposal indicating as to when a vacancy is likely to arise. That is no need to keep any waiting list. Where the Government are the appointing authority, and a vacancy is available then that Head of the department should submit proposals to the Government in the administrative department in respect of the post, for Issue of orders in the existing vacancies. iv. The appointment of all case of technically and professionally qualified candidates in posts within the purview of TNPSC will only be temporary, subject to their getting selected by the Omission in the normal course for regular appointment. v. Since, the creation of supernumerary posts is limited to common categories only, there is no need to create any supernumerary post in respect of technical / professional posts. If a vacancy is not available, the proposal will be returned to the head of department to appoint the individual in a post in the common category such as Junior Assistant etc. notwithstanding the possession of higher technical or professional qualifications. If the individuals are willing to be appointed in posts like Junior Assistants, the Head of department concerned appoint them in existing vacancies or by getting allotment of supernumerary posts. Such candidates may apply to the TNPSC or other recruiting authority and compete with other applicants for any other poses suitable for their qualifications. vi. Cases pending with the Collectors with reference to orders issued in G.O.Ms.No. 314 Labour and Employment dated 13.11.91 will forwarded by the
7 respective Collectors to the Director of Employment and training or to the concerned head of Department for necessary action. Allotment of supernumerary posts:- 12. Whenever a head of department sends proposal to allot a supernumerary post to the Government in the concerned administrative department of the Secretariat, the concerned department will allot supernumerary post out of the block sanction within 15 days of the proposal. The adjustment of the supernumerary posts would be watched by the Secretariat Department. The intention is that after allotment of supernumerary posts if regular vacancies arise, those in supernumerary posts will be shifted to regular vacancies and the pool of supernumerary posts will be restored. Since the supernumerary posts pool will be operated at the Secretariat level flexibility of shift in personnel is available. The supernumerary pool is a caushion to clear the backlog and streamline the vacancy filling exercise on a pooled basis. The heads of departments should review every quarter ending 31 st March, 30 th June, 30 th September and 31 st December in respect of the utilization of supernumerary posts and send proposals to the Government in the administrative Department to release the supernumerary posts after setting off the posts which have arisen due to sanction of new posts, redeployment of surplus posts, promotion, retirement etc. Such released posts will be taken to the account of the block sanction to be utilised for new appointments on compassionate grounds. 13. The expenditure in respect of each post will be debited to the head of account of the office where the post is utilised. The concerned head of department should send proposals for Budget Estimate / revised Estimate / Final Modified Appropriation. 14. The orders issued in the G.O. 6 th read above are hereby cancelled. 15. In cases where government have to issue orders of appointment on proposals received from the head of department, the orders should be issued by the concerned department within a period of 60 days from the date of receipt of the proposal. 16. Each head of department should take into account the number of applications for appointment on compassionate grounds pending with him while intimating vacancies to the TNPSC or employment exchange and certify in the requisition that the number of pending application for appointment on compassionate grounds have been taken into account or that no application is pending for the particular posts. 17. This order issues with the concurrence of Finance Department vide its U.O. No. 713 / FS / P / 93 dt: 10.2.93.
8 (BY ORDER OF THE GOVENOR) To, The All Heads of Department. R. VARADARAJULU, SECRETARY TO GOVERNMENT.