Appointment on Compassionate Grounds: RBE No.106/1988 – Adopted Sons/ Daughters
No.E(NG)II/86/RC-1/I/Policy, dated 20.05.1988
Sub: Appointment of adopted sons/ daughters on compassionate grounds.
1. In terms of Para-II of instructions contained in Board’s letter No.E(NG)III/78/RC-1/1, dated 07.04.1983, son/ daughter/ widow/ widower of the employees are eligible to be appointed on compassionate grounds in the circumstances in which such appointments are permissible.
2. A question has been raised whether adopted sons/ daughters are eligible to be considered for compassionate appointment. The matter has been considered and the Board have decided that an adopted son/ adopted daughter will also be eligible to be considered for appointment on compassionate grounds (in circumstances in which such compassionate appointment is permissible) in case all the following conditions are satisfied:-
(i) There is satisfactory proof of adoption valid legally.
(ii) The adoption is legally recognized under the personal law governing the Railway servant.
(iii) The legal adoption process has been completed and has become valid before the date of death/ medical de-categorization/ medical incapacitation (as the case may be) of the ex-employee.
3. For example, it may be noted that under Section 11 of the Hindu Adoption and Maintenance Act, adoption can be made only if the adopted father or mother by whom the adoption is made does not have a Hindu son or daughter, whether by legitimate blood relationship or by adoption living at the time of adoption.
4. Past cases dealt with otherwise need not be reopened.