RBE No. 75/2004: Appointment on Compassionate Grounds – Acquisition of Higher Qualification
No.E(NG)II/2003/RC-1/Genl./4, dated 02.04.2004
(SC No.56 to MC No.16)
Sub: Appointment on Compassionate Grounds – Acquisition of higher qualification.
Ref: Railway Board’s letter No.E(NG)II/99/RC-1/Genl./9/JCM/DC, dated 15.02.2000 (RBE No. 20/2000)
1. In terms of this Ministry’s letter under reference, an eligible dependent of a Railway employee who dies in harness or is retired due to medical invalidation may be allowed to complete the educational course that he may have taken up so that he may be considered for appointment on compassionate grounds in a grade/ post commensurate with higher qualification, provided he acquires the higher qualification and applies for higher grade/ post within the prescribed period of five years subject to the condition that only one such chance can be availed by the candidate during the period of five years.
2. Both the federations have represented that the aforementioned provision is discriminatory towards wards who are minor since it is applicable only in case the ward who is major at the time of death/ medical invalidation of the employee. The matter has been reviewed by the Board and in supersession of the letter dated 15.02.2000 (RBE No. 20/2000), it has been decided that:-
(i) If the candidate is major at the time of death/ medical invalidation of the ex-employee and is already admitted to a course then he/ she shall be allowed to complete that course provided he/ she takes due permission of the Railway administration. His/ her candidature for appointment would be considered according to the qualification so acquired.
(ii) If the candidate is minor at the time of death/ medical invalidation of the ex-employee, but at the time of his/ her attaining majority, he/ she is already pursuing/ admitted to a course, he/ she be allowed to complete that course provided he/ she takes due permission from the administration. His/ her candidature for appointment on compassionate grounds would be considered in light of the qualification he/ she acquires.
(iii) If the candidate is minor at the time of death/ medical invalidation of the ex-employee and when he/ she becomes major but is not pursuing/ admitted to a course then his/ her candidature for appointment for compassionate grounds would be considered in light of the qualification he/she possessed at the time of attaining majority.
3. Past cases decided otherwise need not be re-opened but cases which are under process may be decided in the light of these instructions.