Madras High Court
The Secretary To Government vs N.Bharathi on 23 January, 2019
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.A.No.955 of 2018
and
C.M.P.No.8144 of 2018
1.The Secretary to Government,
School Education Department,
Fort St. George, Chennai 600 009.
2.The Director of School Education,
College Road, Chennai 600 006.
3.The Director of Elementary Education,
College Road, Chennai 600 006.
4.The District Elementary Educational Officer,
Tiruvarur. ... Appellants
vs.
N.Bharathi ... Respondent
Prayer: Writ Appeal is filed under Clause 15 of the Letters Patent, against
the order made in W.P.No.34283 of 2012, dated 21.07.2017.
For Appellants : Mr.K.Karthikeyan
Government Advocate.
For Respondent : Mr.A.Mohamed Ismail
http://www.judis.nic.in
2
JUDGMENT
(Judgment of the Court was made by S.MANIKUMAR, J) Challenge in this writ appeal is to an order made in W.P.No.34283 of 2012, dated 21.07.2017, by which the Writ Court, allowed the writ petition, by setting aside the impugned order in Na.Ka.No.445/2012/A1, dated 11.09.2012 passed by the District Elementary Educational Officer, Thiruvarur, the fourth respondent herein, and directed the appellants, to appoint the writ petitioner as Secondary Grade Teacher on compassionate grounds, since the writ petitioner has acquired Diploma in Teacher Training on par with Mr.D.Amirthalingam, and also passed Teachers Eligibility Test (TET) in the year 2013 conducted the Teachers Recruitment Board, within a period of eight weeks from the date of receipt of a copy of the order.
2. Short facts leading to filing of this appeal are that the respondent herein, belongs to Backward Community. Father of the respondent, an Headmaster, in Sekal Panchayat Union Elementary School, died on 03.05.2002, in harness. Thereafter, the respondent submitted a representation on 18.12.2002 seeking appointment on compassionate grounds, on the basis of her educational qualification.
3. According to the respondent, during the death of her father, she http://www.judis.nic.in has completed Higher Secondary course, and she was duly eligible to the 3 post of Junior Assistant. Along with her application, she gave all the documents, required for consideration of her case on compassionate grounds. The appellants have not considered the same for several months.
Thereafter, respondent gave another representation on 14.01.2004, which was duly forwarded by the Additional Assistant Elementary Education Officer, to the District Elementary Educational Officer, Thiruvarur/4th appellant herein. It was not considered.
4. During the pendency of the said representation, she completed Diploma in Teacher Training in the year 2011, in a recognized Teacher Training Institute. Thereafter, on 13.12.2011 she submitted another representation to the appellants, stating that in view of acquiring Diploma in Teacher Training, she should be considered in anyone of the vacancies in the post of Secondary Grade Teacher, suitable to her qualification. But the same was not considered by the appellants herein. Hence, the respondent filed W.P.No.1887 of 2012. Vide order dated 05.07.2012, in W.P.No.1887 of 2012, Writ Court directed the appellants herein, to consider her request, as per G.O.Ms.No.165, dated 30.08.2010 pertaining to compassionate appointment, for the women legal heir of the deceased on par with the sole dependant of a deceased government servant.
http://www.judis.nic.in 4
5. Pursuant to the abovesaid order, District Elementary Educational Officer, Tiruvarur/4th appellant herein, has passed an order, dated 11.09.2012 stating that she was eligible for appointment to the post of Junior Assistant, as per the seniority, but she has to wait for, four more years, for her seniority to get appointment to the post of Junior Assistant.
6. Being aggrieved, respondent has filed W.P.No.34283 of 2012 for a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 4th appellant herein, passed in Na.Ka.No.445/2012/A1, dated 11.09.2012 and to quash the same, in so far as, in not considering the subsequent qualification, i.e., Diploma in Teacher Training and consequently, and prayed for a direction to the appellants, to reconsider the request of the respondent, for the compassionate appointment, to the post of Secondary Grade Teacher, forthwith.
7. After hearing the learned counsel for the parties, vide order in W.P.No.34283 of 2012, dated 21.07.2017, writ court ordered as hereunder:-
"5. Apart from this, the petitioner also contends that Teachers Eligibility Test(TET) was conducted by the Teachers Recruitment Board, Chennai-600 006, in which out of 150 marks, the petitioner secured 82 marks and she passed in the Test. When the respondents considered the case of B.Amirthalingam, the http://www.judis.nic.in petitioner's was rejected by the respondents on the ground that 5 the petitioner has acquired the qualification after six years of the death of her father. Therefore, the impugned order passed by the fourth respondents dated 11.09.2012 is totally against the order passed by the Government in appointing and regularising the service of the said D.Amirthalingam dated 01.08.2013, since the petitioner is also entitled for the same benefit, on par with the said B.Amirthalingam. But, the impugned order of the respondent is a total discrimination.
6. In the light of G.O.Ms(3) No.147, School Education (EE3(1)) Department, dated 01.08.2013, the writ petition is liable to be allowed by setting aside the impugned order passed by the fourth respondent dated 11.09.2012.
7. In the result:
(a)the writ petition is allowed by setting aside the impugned order in Na.Ka.No.445/2012/A1, dated 11.09.2012 passed by the fourth respondent.
(b)the respondents are directed to appoint the petitioner as Secondary Grade Teacher under compassionate ground since the petitions is acquired the Diploma in Teacher Training on par with the Mr.D.Amirthalingam and also passed in the Teach Eligibility Test (TET) in the year 2013 conducted the Teachers Recruitment Board.
(c)the respondents are directed to complete the said exercise within a period of eight weeks from the date of receipt a copy of this order.
8. Accordingly, the writ petition is allowed. No costs. http://www.judis.nic.in Consequently, connected Miscellaneous Petition is also closed."
68. Being aggrieved by the same, appellants have filed the instant writ appeal, on the following grounds:-
"1. Writ Court ought to have considered that as per the guidelines issued by Government in G.O.Ms.No.560, Labour and Employment Department dated 03.08.1977, the educational qualification has to be reckoned as on the date of application and the subsequent qualifications acquired by the applicant cannot be considered for compassionate ground appointment. It is further submitted that in G.O.Ms.No.719 Labour and Employment Department, dated 19.04.1989, it was ordered that the qualification has to be reckoned as on the date of death of the employee. In this aspect also, the respondent is not eligible for such compassionate ground appointment.
2. Writ Court ought to have considered that the Government have issued orders in G.O.Ms.1-2010-2 dated 04.05.2010 in which the time limit has been prescribed as well the qualification as on the date of application for compassionate grounds appointment.
3. Writ Court ought to have considered that the Government have issued clarifications in Government Letter No.45249/M.1./99, dated 04.02.2002 to the effect that application for appointment as Teacher can be considered if such applicant has got the required qualification as on the date of application.
4. Writ Court ought to have considered that with regard to age, qualification also, the Government have introduced Tamil Nadu Government Servants (Conditions of Service) Act, 2016. http://www.judis.nic.in Section 15 proviso 6(b), reads as follows:-7
(b) No person shall be eligible for appointment to any service on compassionate grounds, unless he has completed eighteen years of age on the date of submission of application, to the appropriate authority within the period of three years from the date of death of the government servant. This provision mutadis mutandis applicable for the educational qualification also.
5. Writ Court have to have considered that the respondent relied upon the similar case of Mr.D.Amirthalingam who was appointed as Secondary Grade Teacher. It is submitted that the said Mr.DAmirthalingam has acquired the qualification for the appointment as Secondary Grade Teacher as early as on the date of application for compassionate grounds appointment as detailed hereunder:-
a) the date of death of the Government service i.e. (father of the said Amirthalingam) :9.3.1995
b) Date of application for compassionate ground : 29.7.1997
c) Date of acquiring the qualification of Teacher Trg : July 1993"
9. Heard the learned counsel for the parties and perused the materials available on record.
10. Though the matter pertains to a narrow campus, as to whether compassionate appointment to a post, within the purview of TNPSC, on the basis of educational qualification, Professional or Technical, as the case may be, can be sought for as a matter of right by the applicant or it is restricted http://www.judis.nic.in only upto the post of Junior Assistant, the first level post within the purview 8 of TNPSC, we deem it fit to consider few government orders and instructions issued, GOVERNMENT OF TAMIL NADU Abstract Public Services—Posts outside purview of Tamil Nadu Public Service Commission—Recruitment of Son/Daughter/Near relative of a Government Servant who dies in harn-P10 procedure of recruitment through Employment Exchange—relaxation— Ordered.
(G.O. M.s.No.225, Labour dated 15th February 1972) READ:
From the Director of Employment and Training Ref. No. Z 56216/71, dated 5th June 1971 ORDER:
As per decision of Government of India contained at Appendix I (17) item 36 of National Employment Servant Manuel Volumes-II,- cases requisition of procedure of recruitment through Employment Exchanges-generally pertain to the following two categories for appoint-) minder Central Government.
(a) Proposal for appointment without reference to the Employment Exchange Government Servant who dies in harness leaving his fitfully in indigent circumstances: and
(b) Proposal for appointment without reference to the Employment, Exchange of sun persons as had ceased to be in service on the ground that they failed to resume duty after the expiry the maximum of extraordinary leave admissible to them as temporary employees.
The power to waive the Employment Exchange procedure in respect-of the cases belonging the above two categories ire exercised by the ministeries themselves and orders are passed Joint Secretary in charge of administration iii the Central Government.
1. In The letter read above, the Director of Employment and Training has stated that there are Government orders for relaxation of the general, procedure of recruitment through Employ in favour of the above category of persons for appointment under the State Government as in Central Government. The Director of Employment and Training has suggested a General Government order on the line of the lines of the Government of India to facilities consideration employees dependants for providing employment in Government relaxing the normal .procedure of recruitment of personnel through Employment Exchange may be issued.
http://www.judis.nic.in 2. In the meeting of the Tamilnadu Civil Service Joint Council field on 26th August 1971 subject “Last Grade Government servants, dying in harness – provisions of employment to members 9 of the family, depending upon their qualification without the need to respect to employment exchange” was also district and it was decided that the proposal which was agreed to could be examined and orders issued.
3. The proposals mentioned in para 1 and 2 above have been examine by Government in The Government direct that the general procedure of recruitment through the Employ exchange to all the posts which fall outside the purview of the Tamil Nadu Public Service Commission be relaxed infavour of the son/daughter near relieve who would take care of the of a Government servant who die in harness leaving his family in indigent circumstances subject to the following conditions.
(a)The candidates should posses all the prescribed qualification for the post concerned.
(b) The power to wave the normal procedure of recruitment though the employment exchange will be vested with secretariat to Government of the departments concerned and
(c) The concurrence of the Labour Department should one obtained before making such appointment.
(By order of the Governor) V. S. SUBBIAH, Secretary to Government.
Copy of the Memo, No.23660/N2/74-3, elated 20fit September 1974 from the Secretary to Government Labour, Employment and Housing Department, Madras-9, addressed to All Head Departments I All- Collectors, etc, Sub : Public Services—Posts outside purview of the Tamil-Nadu Public Service Commissioner — Recruitment of son/daughter/relative of a Government Servant who dies Procedure of recruitment through Employment Exchange—relaxation – ordered.
Ref.: 1. G.O.Ms.No.225, Labour, dated, 15th February 1972.
2. Government Memo. No. 58029/J3/73-2, L & E., dated 4th January 1974.
3. From the Ex-Office Secretary T.N.S.C.. Joint Council, Madras, letter No. 3/74-12 dated 9th March 1974.
In the G.O. first cited, the Government have directed that the general procedure of recruitment through Employment Exchange to all posts which fall outside the purview of the Tamil Nadu Public Service Commission be relaxed in favour of the son/daughter/near relative who would take care of the family of a Government servant who dies in harness leaving his family in indigent circumstances, subject to-the following conditions-:
http://www.judis.nic.in 10
(i) The candidates should possess all the prescribed qualifications for the posts concerned
(ii) the power to waive the normal procedure of recruitment-through the Employment Exchange will be vested with Secretaries to Government of the departments concerned.
(iii) the concurrence of the Labour Department should be obtained before making such appointments.
2. In the Memo, second cited, the above orders were modified to the select that the power to waive the- normal procedure of recruitment through the Employment Exchange be vested with the Heads of Department all such cases should be reported to the Government in Labour and Employment department and the concerned administrative department in the Secretariat.
3. Subsequently at the meeting of the Tamil Nadu Civil Services Joint Council held on 21st March 1974 the President of the Tamil Nadu Last Grade Government Servants Association proposed that the jobs outside the purview of the Tamil Nadu Public Service Commission held by Government Servants at the time of their death in harness, should he given to the children of the deceased employees straightaway. The meeting decided that he powers of making appointments should be delegated to all appointing authorities.
4. The Government have carefully examined the request of the Association and pass the following Orders In modification of the orders in para 3 of the G.O. first read above have as subsequently modified in the Memo second cited, the- Government direct that the general procedure of recruitment through Employments Exchange to all the posts which fall outside the purview of the Tamil Nadu Public Service Commission be relaxed in favour only of the sons/ unmarried daughters/wife of the Government servants, who dies in harness, subject to the following.
(a) that the candidate should possess all the prescribed qualification fort the post concerned.
(b) That the power to waive the normal procedure normal procedure of recruitment through the Employment Exchange be vested with all appointing authorities, excepting eases covered by item (c) below:
(a) that the power to waive the procedure in so far as provision of employment to the “near relative” of the Government servant who will support the family of the Government servant who will support the family of the Government servant dying in harness is concerned should be exercised only by the Heads of departments concerned as hitherto and;
(b) that all such cases should be reported by reported by appointing authorities concerned to the Government in Labour Employment and Housing administrative department in the Secretariat, the Head of the department and the Director of Employment Training, Madras-5.
http://www.judis.nic.in (True Copy) 11 S. PALANI, Section Officer GOVERNMENT OF TAMIL NADU Abstract Public Services—Posts outside purview of Tamil Nadu Public Service Commission—Recruitment of Son/Daughter / Near relative of a Government Servant who dies in harn-P10 procedure of recruitment through Employment Exchange—relaxation— Ordered.
(G.O.M.s.No.1025, Labour dated 22nd February 1976) READ :
1. G.O Ms No. 225, Labour dated 15th February 1972.
2. Government Memo. No. 23660/N2/74-3, dated 20th September 1974.
3. From the Director of Employment and Trainings letter No.Z1/3316/73, dated 21st July 1974 and Letter No.K Dis 53567/75, dated 29th October 1975.
ORDER:
In the G.O. first cited the Government have ordered that the general procedure of recruitment through Employment Exchange to all posts which fall outside the purview of the Tamil Nadu Public Service Commission be relaxed in favour of the son/daughter/near relative who Id take care of the family of a Government Servant, who dies in harness leaving his family in circumstance, subject to certain conditions.
2. In the Memorandum second cited, the above orders were modified to the effect -that the power to waive nominal procedure of recruitment through; Employment Exchange be vested with all appointing authorities excepting cases of near relatives which should be exercised only by the Heads of Department, the concerned and that all such cases should be reported to the Government in Labour and Employment Department, the concerned administrative Department in Secretariat, the Head of Department and the Director of Employment and Training, Madras.
3. The Government of India also have extended the concession of direct appointment without reference to the Employment Exchange given to the son /daughter/near relative of Government Servant who dies in harness, to the son/daughter/near relative of Government Servants, who are retired from service on medical invalidation under Article 441, read with Articles 452 and 454 of the Civil Services Regulations.
4. After carefully examining the above proposal and, decision of the Government of India in consultation with the Director of Employment and Training, Madras the Government direct that the concussion granted in the above Government order and amended in the memorandum second cited, http://www.judis.nic.in may be extended to the employees(both men and women) of the Government of Tamil Nadu who 12 are retired from Government Service on medical invalidation under Article 441 /with Articles 452 and 454 of the Civil Service Regulations.
There orders will take effect from the date of issue.
(By order of the Governor) A.PADMANABHAK Commissioner and Secretary to Government.
GOVERNMENT OF TAMIL NADU.
Abstract.
Public Services—Posts outside the purview of Tamil Nadu Public Service Commission - Recruitment of sons/unmarried daughters/widows of Defence personnel killed/disabled in or died in harness— Procedure of recruitment through Employment Exchange relaxation Orders issued.
(G.O. Ms. No. 1083, Labour and Employment, 18th December 1976)
1. From the Government of India, Ministry of Defence, Directorate-General of Resettlement New Delhi, letter No. 2646/DGR/Emp/RES/3, dated 8th April 1975.
2. From the Director of Employment and Training letter No.W1/45639/75, dated 17th November 1975 and Z/9713/76, dated 28th February 1976.
With in view to provide immediate relief to members of families of Defence Services person who are killed or disabled in action or who die in harness, the Government of India have grant the following concession for appointment to Class III/1V posts under them:
(a) Members of defence Service Personnel killed or severely disabled in action : Upto two ??
of each of the family of Defence Service personnel killed to severely disabled in action without copy registration at the Employment Exchanges, to Class III/IV posts filled by direct recruitment. For the purposes of this, concession, the members of the families of such deceased Defence Service personnel would include, besides his wife, his sons/daughters/near relation who agree to support the family of the deceased:
(b) Members of -Defence Services personnel who die in harness.—A son /daughter/near relation of the members of Amid Forces who die during service may be appointed to Class II Class IV posts on the Civil side under the Government of India in relaxation If the Employing 0 Exchange procedure, provided they fulfill the requirement of age and educational qualification prescribed for such posts.
2. The Government of India have requested this Government to issue corresponding order to provide similar concessions to the dependents of those Defence Services personnel killed disabled in action of those who died in harness to facilitate their appointment under the Still Government. http://www.judis.nic.in 3. The Government have carefully examined the matter in consultation with the Direct of Employment and Training and direct that the dependents, viz., son/Unmarried daughter 13 widows/near relative who would take care of the family of the Defence Services personnel are killed /disabled in action and who died in harness be appointed to the posts which fall out;, the purview of the Tamil Nadu Public Service Commissioner relaxation of the general proceed of recruitment through-the Employment Exchanges subject to the conditions mentioned be cited provided they satisfy the age and educational qualifications prescribed for the poster ment.
(a) that the vacancy proposed to be filled up by the member of the families of the defence personnel who are killed/disabled in action or die in harness should be noticed to the appoint Employment Exchange
(b) that the power of waiving of normal procedure for recruitment through the Employment Exchange should be vested with the appropriate appointment authorities in the ease daughters/widows of the defence personnel killed/disabled in action or ness;
(c) that such power should be vested with the Head of the Department concerned of the near relative who would take care of the family of the concerned defence personal that the copies of the appointment orders should be sent to the appropriate. Emp A nun Exchange and the Directorate of Employment and Training, Madras-5
(d) that this concession will be applicable to only one dependant of the Defence Service personnel who was killed/disabled in action or who died in harness.
(e) The Government also direct that certificate from the Directorate of Ex-Service Welfare Madras- and its officer in regard to the details of the qualified- dependants of Defence Service personnel who were killed/disabled in action or who in harness is necessary and particulars be obtained by the Director of employment and Training from the Director General of Employment and Training, Government of India New periodically and communicated to Employment Exchanges to avoid ambiguity or duplicate of work.
(By order of the Governor) A. PADMANABHAN Commissioner and Secretary to Government Copy of Memo, No. 31275/N-2/76-2, Labour and Employment, date 31st December 1976.
Public Services—Posts outside the purview of Tamil Nadu Public Service Commission —Recruitment of husband/son/daughter/near relative of Government Servant who dies in harness—Procedure of recruitment through Employment Exchanges— Relaxation—Amendment—Issued:
Ref— 1. G.O. Ms. No. 225, Labour, dated 15th February 1972.
2. Government Memo. No. 58Q29/J-3/73-2, dated 4th January 1974.
3. Government Memo. No. 23660/N-2/74-3, L.&E. dated 20th September 1974.
4. Government Memo. No. 25155/N-2/75-1, L&E, dated 4th September 1975 In G.O. Ms. No. 225, Labour, dated 15th February 1972 as amended in the Memorandum http://www.judis.nic.in cited the Government have ordered, that the general, procedure of recruitment through 14 Employment, Exchange to posts which fall outside the purview of the Tamil Nadu Public Service Commission be relaxed in favour of the son/unmarried daughter/wife near relative who take of the family of a Government servant who dies in harness, leaving his family in indigent circumstances, subject to certain conditions laid down therein.
2. Employment to the Government have now examined in, consultation with, the Director of Employment and Training the question whether this concession will be available to the husband of a deceased in female Government servant. The Government have decided and they directed that the above pension be extended to the husband of the female Government servant who dies in harness to the following conditions :—
(a) The Government servant who dies should have been the only bread winner in the family
(b) the family should be in indigent circumstances
(c) the candidate should possess all the prescribed qualifications for flue post concerned
3. These orders will take effect from the date of this memorandum. However orders already with the concurrence of this department will not be affected by this restriction applies GOVERNMENT OF TAMIL NADU Labour and Employment Department (G.O.Note No.14924/N2/77-2, dated in April 1977) Sub. —Employment—Concession in G.O.Ms.No.225, Labour, dated 15th February 1972 — Appointment to the dependants of employees of Government Undertakings Statutory Corporations and Quasi-Government institutions, etc.—Orders—Issued of.
Ref: 1.G.O.Ms.No.225, Labour, dated 15th February 1972.
2. Govt. Memo No.58029/J-3/73-2, Labour and Employment, dated 4th January 1974
3. Govt.Memo.No.23660/N-2/74-3, Labour, Housing and Employment, dated 20th January 1974.
4. Govt. Memo. No. 25156/N-2/75-1, Labour and Employment, dated 4th September 1975.
5. G.O. Ms. No. 1025, L. & E., dated 22nd November 1976.
6. G.O. Memo. No/31275/N-2/76-2, dated 31st December 1976 Copies of the reference cited are enclosed. The Department of the Secretariat may be requested to communicate those copies to the Statutory preparation Undertaking of this Government, Quasi-Government institution control and instruct them to try and adopt their policies in the Case of appointments of dependants of their employees dying in harness to be consistent with the policies of Government in the matter of appointment of dependants of Government servants who die in harness. A copy of such instructions may be communicated to this department. http://www.judis.nic.in 15
2. The receipt of this U.O. Note may be acknowledged.
Government of Tamil Nadu Abstract Public Services—Employment assistance to families of deceased Government Servants—Procedure of recruitment—Clarifications—Issued.
(G.O. Ms. No.560, Labour and Employment, 3rd August 1977).
READ-
1. G.O. Ms. 225, Labour, dated 15th February 1972.
2. Government Memo. No. 58029/J3/73-2, Labour and Employment, dated 4th January 1974.
3. Government Memo. No. 23660/N2/74-3, Labour and Employment, dated 20th September
4.Government Memo.No. 25155/N2/75-1, Labour and Employment; dated 4th September 1975
5. Government Memo. No. 3I275/N2/76-2, Labour and Employment, dated 31st December 1976.
6. From the Director of Employment and Training, Letter No. Z. 45632/74, dated 1st September 1974.
7. From the Director of Employment and Training Letter, No' Z. .45635/74, dated 3rd- September 1974.
ORDER In the G.O. 1st read above and in the subsequent memorandum 2nd to 5th read above, the Government have permitted the recruitment of wife/husband/son/unmarried daughter/near relative of the Government servant who died in harness without reference to the Employment Exchange subject to certain condition. In the practical application office G.O; and subsequent amendments read above, several clarifications have been sought for by Heads of Departments and others. This point raised have been examined in detail in consultation with the Directorate of Employment and Training. The Government issue the following clarifications:
(1) (a) The appointing authorities who nave already made appointments of dependants of the Government servants who died in harness prior to 15th February 1972, where such appointments have not yet been regularised by the Government should send proposals in such cases Government in the administrative department of the Secretariat concerned through their Heads of Departments, for examination and decision on the merits of each case in consultation with Labour Employment Department, for regularization or termination of service.
(b) future requests for appointment of dependants of the Government Servant who died prior to 15th February 1972 can be considered favourably and proposals sent to Government in the http://www.judis.nic.in following type of cases.16
At the time of consideration of his dependants case for appointment, the Government Servant presumptive date of superannuation (i.e. had he lived) should not have been reached. In other words the grant of the concession would be considered only upto the presumptive date of superannuation of the Government Servant. It or example if a Government Servant died in 1965 and the date of his superannuation would have been 1st October-1981 if he were alive, his dependant can apply for a post on the date prior to 1st October 1981 only.
(2) The term near relative V is defined and restricted to include only the wife/husband/ /son/unmarried daughter of the Government Servant who died in harness. Cases of near relatives such as brothers/sisters, etc., of the deceased Government Servants should be excluded.
(3) The Government are of the view that no distinction need be made between natural death and death by murder, etc., as deaths by murder, suicide, etc., will be few and far between and in as much as the family of Government Servant who dies of suicide will be put to the same hardship as the family of the Government Servant who dies a natural death. Therefore, the appointing authorities are empowered to waive the general procedure of recruitment through Employment Exchange in the cases of appointments of dependants of the Government Servants' who committed suicide or were murdered.
(4) The appointing authorities are responsible for satisfying themselves about the indigos circumstances of the family of the deceased Government Servant before appointment is offered. They need not insist on the production of any certificate from the applicant.
(5) The concession in the G.O. is applicable in respect of all regular posts within the purview of the Tamil Nadu Public Service Commission also subject to the observance of the procedure of obtaining the specific concurrence of the Commission in individual cases, after examination of each case on merits, under the latter part of Regulation 16 (b) of the Tamil Nadu Public Service Commission Regulations, 1954. The appointing authority concerned, where necessary, should send proposals to Government in the Administrative department of the Secretariat through the Head of Departments for consideration in conclusion with labour and Employment and Personal and Administrative Reforms Departments. The appointing authorities are, however, empowered to make temporary appointment to posts within the purview of the Tamil Nadu Public Service Commission Pending regular appointments in consultation with the Commission as mentioned above.
(6) The candidates seeking employment under the G.O. should posses all the prescribed qualifications for the posts concerned and these conditions should not be relaxed in individual cases.
(7) The dependants who are appointed on temporary basis, should be given their normal place in the list of seniority and they can be ousted for want of vacancy strictly according to list.
(8) Dependant of the deceased Government Servant can be appointment in any department on if http://www.judis.nic.in the qualifications of the applicant do not permit his/her appointment to a post in the same department in which his parent or husband or wife served of if he/she possesses better 17 qualifications for appointment in the outside department provided the Head of the Department also give his concurrence. However, the dependant should apply for appointment only to the office in which the Government Servants was in service at the time of death, so that office can verify the facts in the petition like date of death, the indigent circumstances of the family, etc. (9) Dependant of the temporary Government Servants appointed under Rule (10) (i) of the General Rules for the Tamil Nadu state and Subordinate Services, who die in harness are not eligible for the concession under the Government Order.
(10) Dependants of the Government Servants who die after retirement are not eligible for Concession under these orders;
(11) The appointment orders should be issued in the usual manner. But the appointing authorities should furnish the details of appointment made by them under this G.O. in proforma-I (specimen enclosed) to the Government in the Labour and Employment department, the Administrative Department of the Secretariat concerned, the Head of Department and the Director of Employment and Training.
(12) The Heads of Departments and Collectors are requested to collect the particulars of appointments made and to be made under G.O. Ms. No. 225, Labour dated 15th February, 1972, from serious appointing authorities under their control in proforma – I (specimen enclosed and the Director of Employment and Training for every half year from the year 1972. Likewise, the Department of the Secretariat in Proforma- II to the Director of Employment and Training. The Director of Employment and Training is requested consolidate the same and submit an Annual Return to the Government for information and record Further, the Departments of Secretariat, Heads of Departments and Collectors are requested to maintain a register in Proforma – II.
(13) All the appointing authorities should address the Government in the Administration, Department through the Heads of Departments concerned for specific orders. Clarifications whenever they have any doubt. They should not action their own accord based on assumption and presumption as appointments once made will be difficult to be terminated.
(By Order of the Governor) C. RAMACHANDRAN, Secretary to Government.
Proforma-1.
Public Services Appointment made under G.O. Ms. No. 225. Labour, dated 15th February HJ72—Appointment order Details—Submitted.
1. Name and designation of the deceased Government Servant.
2. Office where he worked at the time of death.
3. Date of death .
4. (i) Name of the dependant applying for job with date of birth/ http://www.judis.nic.in
(ii)His/her relationship to the deceased Government Servant/
(iii) Whether the family was in indigent circumstances/
(iv) Qualification of the individual 18
5. (i) Post applied for the dependant/
(ii) Whether the individual is qualified for the post
(iii) If the individual is qualified, Nature of appointment given (temporary or permanent)
(iv) Date of appointment/
(v) Date of joining duty/
6. Remarks/ Proforma-II.
(Particulars of Appointments made.) Serial number Office where Date of death. Name of Post applied Date of and name and he /she dependant for by the application. designation of worked at the applying. dependant.
the deceased time of death. For the post
Government and his/her
Servant. relationship
to the
deceased
Government
Servant.
(1) (2) (3) (4) (5) (6)
Actual appointment (post) Appointing, Whether Whether the Any other
given to the applicant {State authority applicant is family was in remarks
whether temporary or giving the qualified for indigent
permanent, date of appointment. the post. circumstances
appointment and date of Whether the
joining duty) family was in
indigent
circumstances
(7) (8) (9) (10) (11)
GOVERNMENT OF TAMIL NADU
Labour and Employment Department,
Fort St. George,
Madras-600 009.
Letter No.48638/N.11/77-3, dated list December 1977.
From Thiru C. Ramachandran, I.A.S..
Secretary to Government.
To The Managing Director/Chairman, etc., of all Public Sector undertakings, Statutory Corporations, etc., in Tamil Nadu.
Sir, Subject : Employment to dependants of employees of Public Sector undertakings I http://www.judis.nic.in Corporations, Quasi- Government Institutions etc.—Waiving Employment Exchange procedure of recruitment Instructions issued.
19Reference — 1. G.O. Ms. No. 225,. Labour, dated 15th February 1972.
2. G.O. Ms. No. 560, Labour and Employment, dated 3rd August 1977 I am direct to state that in the G.O. first cited (copy enclosed) orders were issued for relaxation (the general procedure of recruitment through Employment Exchange in favour of dependants the Government Servants who died in harness leaving their families in indigent circumstances and in the G.O. second cited (copy enclosed) various points raised in the G-O, First cited was clarified. To be consistent with the above policy of Government, I am to request you to add these guidelines in your organisation also.
2. The receipt of this letter may kindly be acknowledged.
Yours faithfully, (Signed)------ ------
For Secretary to Government GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT Memorandum No. 34107 N-1/77-1, dated the 4th May 1978.
Subject : Public Services Employment Assistance to families of deceased Government servants Procedure of recruitment - Further clarification— Issued.
Reference — 1. G.O. Ms. No. 225, Labour and Employment, dated 15th February 1972.
2- Government Memorandum No. 5802.9/J3/73-2, Labour and Employment, dated 4th January 1974.
3. Government Memorandum No. 23660/N.II/74-3, Labour and Employment, dated 20th September 1974.
4. Government Memorandum No. 25I55/N.II/75U, Labour and Employment, dated 4th September 1975.
5. Government Memorandum No. 31275/N.II/76-2, Labour and Employment, dated 31st December 1976.
6. From the Government of India, Ministry of Home Affairs, Department of Personnel and administrative Reforms, letter No. 14014/10/ 76- EsU/(D), dated 25th May 1977.
7.G-O. Ms. No. 560, Labour and Employment, dated 3rd August 1977.
8. From the Collector of Madras, D.O. letter No. A5/73402/77, dated 6th September 1977.
The Government of India, in the Ministry of Home Affairs, Department of Personnel and Administrative http://www.judis.nic.in Reforms Department, have granted certain further concessions to the dependants of their Government servants who died in harness leaving their families in indigent circumstances.
20After the issue of the G.O. 7th read above the Collector of Madras has raised certain clarifications arising out of the above G.O. The Government have examined these in detail and then pass the following orders
1. The dependants of a Government servant who died in harness leaving his family in indigent circumstances, is eligible to avail of the concession granted in the Government. Orders 1 read above, even when there is already an earning members in the family, if in the opinion of the I appointing authority, the family is in indigent circumstances. Before, deciding indigent circumstance of the family the into account the number of dependants lefty-the movable and immovable assets and liabilities Government servants the income of the earning member in the family &s also his liabilities- however, the concession 1 under the Government Orders read above should not be granted to more than one in the family of the deceased Government servant:
2. The district Collectors are requested to register the dependants of Government servants appointed under the Government orders read above and ousted for Want of vacancy, in the register maintained as per G.O. Ms. No. 50, Personnel and Administrative Reforms, dated 19th November 1976 and pro vide them employment in preference to other ousted temporary Government servants.
C. RAMACHANDRAN, Secretary to Government.
GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT Letter No. 15672/N-I/78-2, dated 4th May 1978. From Thiru P. K. Selvarajan, B.A., Deputy Secretary to Government.
To The Director of Industries-and Commerce, Chepauk, Madras-600 005.
Sir Subject. Employment assistance - Tamil Nadu - Last Grade Service Tmt. C. Devi, wife of late Thiru P.V.Chinnaraj, L.G.G.S.—Died in harness— Employment assistance to adopted son— Certain clarification—Issued.
Reference. 1. G.O. Ms. No. 560, Labour and Employment, dated 3rd August 1977. http://www.judis.nic.in 2. Your letter No .EA2/29738/78, dated 20th February 1978.
21I am directed to invite your attention to your letter cited and to state that the term ‘son’ mentioned in paragraph 1(2) of the G.O. Ms. No. 560, Labour and Employment, dated 3rd August 1977 will also include a legally adopted son \ Therefore a legally adopted son is eligible to get concession under the above G.O. Copy to G.O. Note No. 47660 N178-2 Labour and Employment dated 9th October 1978.
Subject -- Public Services—Appointment to the departments of deceased Government service Posts railing within the purview of the Tamil Nadu Public Service Commission.
Reference.— 1. G.O. Ms. No. 225, Labour and Employment, dated 15th February 1972.
2. G.O. Ms. No. 10245, Labour and Employment dated 22nd November 1976.
3. G.O. Ms.. 560, Labour and Employment, dated 3rd August 1977.
4. Government Memoiandum No. 34107/NT/77-I. dated 4th May 1978.
5. From the Tamil Nadu Public Service Commission letter No. 8557/E4.-77. dated 25ih July 1978.
In terms of the orders issued in paras, I (5) and I (8) of rile G.O: third cited, the dependant of late Government Servant is eligible to get appointment to a regular post falling within the purview of the Tamil Nadu Public Service Commission. if he/she posts required educational qualification prescribed for the post. This concession, is however subject to the observance of the procedure of obtaining the specific concurrence of the Tamil Nadu Public Service Commission in ) individual cases after examining each care on merits, of case on merits.
2. Under the latter part of Regulation 16 (b) of the Tamil Nadu Public Service Commission 'Regulations, 1954, whenever departments consider that relaxation of Rules is necessary in view of the circumstances of an individual ease they refer it to Government and this Department agrees relaxation of rules after satisfying itself about the merits of the case.
3. The Tamil Nadu Public Service Commission has had occasion to note that proposal ‘son’ seeking the Commission’s concurrence for regular appointment are not supported with relevant which details which in turn en. ails piecemeal references by the Commission before deciding such cases.
4. The circumstances stated by the Tamil Nadu Public Service Commission in its Idler fifth cited, the Departments of Secretariat may be advised to critically examine the proposals seeking compassionate appointments received from Heads of Departments and ascertain whether prima facie case exists for favourable consideration warranting relaxation of relevant rules, in the light of the guidelines issued by this Department from time to time.
5. Before addressing the Tamil N:idu Public Service commission for concurrence under http://www.judis.nic.in Regulation 16(b) of the Tamil Nadu Public Service Commission Regulation, 1954, the Department of 22 Secretariat may be requested to send to the Tamil Nadu Public Service Commission in future self – contained proposals supported with all the relevant details, as found in the proforma annexed to this U.O. Note.
P. KANDASAMY, Secretary in Government (in-charge).
PROFORMA I. Particulars of Applicant.
1. Name of the applicant.
2. Date of application for regular appointment.
3. His/her relationship to the deceased Government Servant.
4. Date of birth and age
5. Qualification
6. Name of the post for which the Government recommended him/her for appointment, and the service in which it is included.
7. Whether the post is within the Commission purview’s
8. Whether the candidate is qualified for the post .
9. If the applicant is employed temporarily the Name of post department in which he/she is employed and the date of temporary appointment.
II. PARTICULARS OF DECEASED GOVERNMENT SERVANT.
10. Name and designation of the deceased Government
11. Office where he worked at the time of his death
12. Whether he held the post (Name of the post to be specified) regularly (i.e., probationer or approved probationer or full member).
13. Date of death
14. Date of birth of the deceased Government Servant and the presumptive date of superannuation (Had he lived).
III. GENERAL
15. Details of all the family numbers with their age with their status, educational qualifications and employment, if any.
16. I monthly income by way of Family Pension
17. Other sources of income (including movable and immovable assets, if any).
18. Total monthly income of the family
19. Liabilities, if any, of the deceased Government servant as well as the surviving earning member of the family.
20. Whether the family is in indigent circumstances .
21. Whether any other dependant in the family of the deceased parson was already appointed to a post availing the concession granted to the dependant of the deceased Government servant.
22. Whether the Government servant retired from service on medical invalidation under Article 441 read with Articles 452 and 454 of the Civil Service Regulations. (This will apply for persons- who retired from service after 22nd November 1976).
N.B.—(i) The term ‘near relative’ is defined and restricted to include only the wife/husband/ . son/unmarried http://www.judis.nic.in daughter of the Government servant who died in harness Cases of near relative i.
such as brothers/sisters, etc., of the deceased should be excluded..
23(ii) Candidate seeding employment should possess all the presented qualification for the post concerned and these conditions should not be relaxed.
(iii) Dependants of the temporary Government servants appointed under rule 10 (a) (i) of the General Rules for the Tamil Nadu State 3nd Subordinate Service who died in harness are not eligible to be considered.
(iv) Dependants of the Government servant who died after retirement are not eligible to be considered. (v) Cases of candidates applying for appointment to a post after the presumptive date of retirement of the deceased Government servant should not be considered.
GOVERNMENT OF TAMIL NADU Abstract Public Service - Employment assistance to families of deceased Government servants— Procedure of recruitment—Clarifications—Orders issued.
(G.O. Ms.- No. 1130, Labour and Employment, dated 9th July 1979.) READ the following : -
(i) G.O. Ms. No. 560, Labour and Employment, dated 3rd August 1977.
2. Government letter No. 27320/NI/78-6, Labour and Employment, dated.J2th October 1978.
ORDER:-
In para I (5) of G.O. Ms. No. 560, Labour and Employment, dated 3rd August 1977, it was clarified that the concession of providing employment assistance to the families of deceased. Government servants, without reference to Employment Exchanges can be made applicable in respect of all regular posts within the purview of the Tamil Nadu Public Service Commission also, subject to the concurrence of the Tamil Nadu Public Service Commission and that the appointing authorities are are empowered to take temporary appointments to posts within the purview of the Tamil Nadu Public Service Commission pending regular appointment in consultation with the commission.
2. The Chief Engineer (Highways and Rural Works), Madras, has now stated that by the issue of clarification in para 1 (5) of G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977, it implies that for posts outside the purview of the Tamil Nadu Public Service Commission and for which appointments are made on compassionate grounds as per this G.O. appointments may be made on regular basis straight away and the rule of reservation with references to. Other Communities, Backward Class, Scheduled Caste, etc., need not be followed in such cases as the cause of appointment, is due to natural calamity viz., death.
3. The Chief Engineer (Highways and Rural Works) has also suggested that the system of maintaining the rule of reservation may be ignored in the case of appointment with in and outside the purview of Tamil Nadu Public Service Commission, as this cannot be strictly followed in the case http://www.judis.nic.in of compassionate appointments and that any overlap in the maintenance of such communal rotation 24 may, however be made good in the subsequent appointments if considered necessary.
4. The Government after careful examination direct that regular appointments to the posts outside the purview of Tamil Nadu Public Service Commission can be made straightaway after ascertaining the indigent circumstances of the family of the deceased Government servent in relaxation of relevant rules relating to reservation of posts and without reference to Employment Exchange subject to the condition that the candidates suitability for the post is ensured while making such appointments.
(By order of the Governor) C. RAMACHANDRAN, Secretary to Government.
GOVERNMENT OF TAMIL NADU ABSTRACT.
Public Services assistance to dependants of deceased Government Servants as Per G.O. Ms.560, Labour and Employment, dated 3rd August 1977 - Registering the names of the dependants in the list of retrenched personnel maintained in the Collectorates – Orders - issued.
(G.O.Ms.No.1179, Personnel and Administrative Reforms (Placements) 17th October 1979.) READ-
1. G.O. Ms. No. 50, Personnel and Administrative Reform (Personnel-G) Department, dated 19th November 1976.
2. G.O. Ms. No. 560, Labour and Employment Department, dated 3rd August 1977.
3. Memo. No. 3410/NI/77-1, Labour and Employment Department,dated 4th May 1978.
4. From the Collector of North Arcot, Rc. A3/144366/77, dated 8th January 1979.
5. From the Board of Revenue (L.R.) B.P.Rt.No.607 (Y), dated 5th February 1979.
6. From the Director of Employment and Training, Madras-5, Lr N. WT/22759, dated 24th July 1979.
ORDER:
Orders were issued in the Government Order second read above, permitting the appointing authorities to appoint the dependants of deceased Government servants without reference to Employment Exchange subject to satisfying certain conditions. In the Memorandum third read above the Collectors were requested to register in the list maintained as per.G.O.Ms.No.50, Personnel and Administrative Reforms (Personnel-G) Department, dated 19th November 1976, the names of dependants of deceased. Government servants appointed under Government orders in force and ousted for want of vacancy and provide them employment in preference to other ousted temporary Government servants.
2. The Collector of North Arcot has stated that, due to change of food policy, a large number of Tamil Nadu Public Service Commission candidates allotted during 1974 have been retrenched for want of vacancy in his Revenue Unit, that they are working in other department and that he could not, therefore, provide appointment to dependants of deceased Government servants belonging to his Revenue Unit in the near future. He has requested orders to register the names of http://www.judis.nic.in dependants of deceased Government servants, who could not be appointed as per G.O. Ms. No. 560, 25 Labour and Employment, dated 3rd August, 1977 for want of vacancy in the Revenue Unit next below the dependants of deceased Government servants appointed under the above Government order and ousted for want of vacancy, in the list of retrenched personnel and provide them employment in preference to other ousted temporary candidates. The Board of Revenue has recommended the proposal of the Collector of North Arcot and for issue of orders to Collectors to register the names of dependants of deceased Government servants in the list of retrenched personnel for allotment to other departments. The Director of Employment and Training has agreed to this proposal.
3. The Government have carefully examined the proposal. According to paragraph (8) of G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977, a dependant of a deceased Government servant can be appointed in any department, if the qualifications of the applicant do not permit his/her appointment to a post in the same department in which his parent or husband, or wife served or if he/she possess better qualification for appointment in the outside department provided the Head of the other Department also gives his concurrence. However, the dependant should apply for appointment only to the office in which the Government servant was in service at the time of the death, so that, that office can verify the facts in the petition like dale of death the indigent circumstances of the family, etc.
4. The Government, therefore, direct that in case, the dependant of deceased Government servants could not be provided employment in the office where the deceased Government servant worked in the circumstances stated in para 3 above, the names of such dependants of deceased Government servants fully qualified and eligible for employment assistance under G.O. Ms. No. 560, Labour and Employment, dated 3rd August 1977 should be furnished to the Collector of the districts concerned who will maintain such a list and sponsor them whenever suitable vacancy arisen. The list of retrenched personnel should be maintained with the following priorities:
I. Retrenched regular Government employees ousted for want of vacancies. (This includes dependants of deceased Government employees appointed regularly and ousted for want of vacancy.) II. Dependants of deceased Government servants employed temporarily and ousted for want of vacancies.
III. Dependants of deceased Government servants fully qualified and eligible for employment assistance under Government orders in force and could not be appointed for want of vacancy.
IV. Retrenched Government employees recruited through Employment Exchange earlier. V. Retrenched Government employees not recruited through Employment Exchange earlier belonging to Commercial Taxes and Highways and Rural Works departments.
(By order of the Governor.) http://www.judis.nic.in S.P. SRINIVASAN, Second Secretary to Government.26
GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT Letter No. 67875/N1/78-2. Labour and Employment, 5th December 1979.
From Thiru C. Ramachandran, I.A.S., Secretary to Government.
To The Secretary, Tamil Nadu Public Service Commission, Madras-600 002.
Sir, Sub - Appointments — Thiru R.Myrthenjayam, son of (Late) T.Ramakrishnan, formerly Deputy Accountant (Excise), Collector Office, Madurai (Medically invalidated and retired) —Regular appointment as Junior Assistant—Commission’s concurrence. Ref.- Your letter No. 34/E4/78, dated 14th September 1978.
I am directed to refer to your letter cited, wherein clarification has been sought for on the following points.
i) Whether the concessions extended to the Medically invalidated and retired person a G.O. Ms. No. 1025, Labour and Employment, dated 22nd November 1976 can. be made applicable to a person who was invalidated and died prior to the issue of the said Government order.
ii) Whether the said concession can be. extended to a person who was medically in vacated and retired before 22nd November 1976 and died after 22nd November 1976.
(iii) Whether the concession is applicable to a Government servant retired from service on validation but who dies after crossing the presumptive date of superannuation.
2. In regard to item (i) above, I am directed to state that the concession referred to are not applicable to cases which have arisen before the issue of G.O. Ms. No. 1025, Labour and Employment, dated 22nd November 1976.
As regards item No. (ii) above, I am directed to state that the G.O. is applicable only to those persons, who were medically invalidated on or after 22nd November 1976.
In regard to item No. (iii) above, I am directed to state that the concession is not applicable of the Government Servant retired from service on invalidation but who dies after crossing the presumptive date of superannuation referred to above.
3. I am to add that the concessions granted in G.O.Ms.No.560, Labour and Employment, 3rd August 1977 to the families of Government Servants, who die in harness, will not be applicable to the cases coming under G.O.Ms.No.1025, Labour and Employment, dated 22nd November 1976.
4. The receipt of this letter may kindly be acknowledged. http://www.judis.nic.in Yours faithfully, C. Ramachandran.
27GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT U.O. Note No.67875/N-l/78-3, dated 5th December 1979.
Sub.—Public Services—Posts outside the purview of Tamil Nadu Public Service Commission— Recruitment of Son/Daughter/near relatives of a Government Servant retired on medical invalidation—Relaxation of Employment Exchange—Procedure—Extension of other concession— Negatived.
Ref.— 1. G.O. Ms. No. 225, Labour, dated 15th February 1972.
2. G.O.Ms.No.1025, Labour and Employment, dated 22nd November 1976.
3. G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977.
In the G.O. first cited the Government have directed that the general procedure of recruitment through the Employment Exchanges to all posts outside the purview of the Tamil Nadu Public Service Commission be relaxed in favour of the son/unmarried/near relive of a Government Servant who dies in harness leaving his family in indigent circumstances subject to certain conditions.
2. In the G.O. second cited the, above concessions have been extended to the Government Servants who are retined from Government Servants on medical invalidation under Article 441 read with Articles 452 and 454 of the Civil Service Regulations. It was also ordered that those orders would take effect from the date of their issue, that is 22nd November 1976.
3. Subsequently, in the G.O. third cited the Government have issued some important clarifications in the nature of further concessions to the G.O.Ms.No.225, Labour, dated 15th February 1972. The question whether these concessions may be extended to the beneficiaries under the G.O.Ms.No.1025, Labour and Employment, dated 22nd November 1976 and also whether any retrospective effect may be given to these orders has been examined by the Government. It his been decided that—
(i) it is not the intention to give retrospective effect to the G.O.Ms.No.1025, Labour and Employment, dated 22nd November 1976; and
(ii) it is not the intention to extend the concessions granted in G.O.Ms.No.560, Labour and Employments dated 3rd August 1977 to the beneficiaries under G.O.Ms.No.1025, Labour and Employment, dated 22nd November 1976.
4. The Departments of Secretariat may of requested to keep the above decisions in view, while examining requests for employment in such cases.
http://www.judis.nic.in C. RAMACHANDRAN Secretary to Government.
28GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT.
Letter No. 995/N-1/80-3, dated 24th March 1980.
From To
Thiru C. S. Venkatesan, B. A., The Director of Public Health and Preventive
Deputy Secretary to -Government. Medicine, Madras – 600 006.
Sir,
Sub : Public Services—Employment Assistance to the families of deceased Government Servants procedure of recruitment—Clarification—Regarding.
Ref : Your letter R.No.765, P and D II/78-A 2, dated 2nd January 1980.
With reference to your letter cited, I am directed to invite your attention to para 5 of G.O.No.560 Labour and Employment, dated 3rd August 1977 where in it has been specifically that the appointment authorities are empowered to make temporary appointments to posts purview of the Tamil Nadu Public Service Commission if the individual possess the age and Educational Qualifications. The appointing authorities should submit proposals to Government for the regular appointment of the dependants of the deceased Government Servants. After examination of their cases on merits, the administrative department of the Government will address the Tamil Nadu Public Service Commission under the latter part of Regulation of Tamil Nadu Public Service Commission Regulations 1954 for seeking concurrence appointment. After the concurrence of the Commission is received the Government will issue orders for the regular appointment of the individuals concerned. If the individual do not possess the required age and/or educational qualifications the appointing authorities should address the Government for relaxation of rules relating to age and educational qualifications and they should not appoint such unqualified dependants straightaway without prior orders of the Government, even temporarily. The appointing authorities should address the concerned administrative Departments of Secretariat in all such cases which will issue orders with the concurrence of this Department, after examining the cases and getting the concurrence of the Tamil Nadu Public Service Commission wherever such concurrence is necessary. The appointing Authorities before making temporary appointments, should collect particulars as required in the U.O. Note No. 47660/N-I/78-2, dated 9th October 1978 to avoid any irregularity in the temporary appointments and to ensure that the family of the deceased Government Servant is in indigent circumstances before giving temporary appointment.
Yours faithfully,
http://www.judis.nic.in (Sd.)
for Deputy Secretary to Government.
29
GOVERNMENT OF TAMIL NADU
ABSTRACT
Public Services-—Employment assistance to the families of the deceased Government servants - procedure of recruitment—Clarifications issued.
(G. O. Ms. No. 1243, Labour and Employment, dated 23rd May 1980) READ AGAIN—
1. G. O. Ms. No. 560, Labour and Employment, dated 3rd August 1977.
2. Government Memo.No.91621/A/78-1 P and AR, dated 5th December 1978. READ ALSO— From the Chief Engineer (Highways and Rural Works) Later No.124198/Q-I/79-1, dated 20th November 1979.
ORDER In para 7 of the G.O. read above, it has beer, stated that the dependants of deceased Government servant is who are appointed on temporary basis should be given their normal place in the list of seniority and they can be ousted for want of vacancy strictly according to the list. In the memo second read above instructions have beer, issued in the adopted of Basic" sli-julu be appointment in the post held by the deceased Basic Servants as quickly as possible if the department fulfills the qualifications prescribed for the post so that it will might the hardship faced by deponents.
2. In his letter third read above the Chief Engineer (Highways and Rural Works) raised a doubt dependant appointed as a Basic Servant on Compassionate grounds against the vacancy caused due to death of his father who was holding the post of Basic Servant can be ousted according to seniority with reference to para 7 of the Government Order first read above. He has also pointed out that if such a dependant has to be continued perpetually in that vacancy, the senior members who have put in longer service then the individual who was appointed on compassionate grounds have to be ousted for want of vacancy. He has, therefore, sought clarification whether para 7 of the G.O. read above will be modified to protect the rights of the of the deceased Basic Servants who are appointed as Basic Servants in their places.
3. The Government have examined the point raised by the Chief Engineer, Highways, and Works and issue the following Clarifications.
(i) Instructions issued in the memo, read above will apply only to appointments made on and after 8th December 1978. In the case of the persons who have been appointed before 8th December 1978 the instructions issued in G.O.Ms.No.560. Labour and Employment dated 3rd August 1977 have to be followed and in case they have been ousted for want of vacancy they may be given http://www.judis.nic.in employment in preference to other ousted temporary Government Servants in accordance with the 30 order issued in the Government Memo No.34107/N-1/77-1, Labour and Employment dated 4th May 1978.
(ii) Government memo. No. 91621 /A/78-1, Personnel and Administrative Reforms, dated 8th December 1978 will apply only to the dependants of the deceased basic servants who died in harness leaving their families in indigent circumstances. The employment Exchange procedure was already been waived in respect of the dependants of the deceased Basic Servants through an Amendment made to Special Rules for Tamil Nadu Basic Service in G.O.Ms.No.359 Personnel and Administrative Reforms, dated 28th March 1978. The indigent circumstances of the family of the deceased Government Servant cannot be taken for granted in all cases of death of Basic servants while in service. The appointing authorities should satisfy themselves that the families of the deceased Basic Servants are real in indigent circumstances, to enable the dependants being appointed on compassionate grounds. As already clarified in para (10) of G.O.Ms.No.560 Labour and Employment dated 3rd August 1977 dependants of Government servants who die after retirement are not eligible for any concession under these orders.
(By order of the Governor) C.RAMACHANDRAN, Secretary to Government.
GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT Letter No. 20305/N-1 /80-4, dated 26th September 1980.
From Thiru C. S. Venkatesan, B.A., Deputy Secretary to Government.
To The Registrar, High Court, Madras-600 001. (w.e.) All Heads of Departments (w.e.) All Secretaries to Government (w.e.) All District Collectors (w.e.) Sir, Sub :— Public Services—Personnel appointed on compassionate grounds and retrenched subsequently for want of vacancies—Age limit for reabsorption Clarification issued.
Ref:- 1. G.O.Ms.No.225, Labour, dated 15th February 1972. http://www.judis.nic.in
2. G.O.Ms.No.50, P. & A.R, dated 19th November 1976.
313. Government memo. No. 36553/77-1, P.&A.R. (Placement) dated 30th May 1977.
4. Government memo. No.102217 A 78-1, P.&A.R. dated 17th November 1979.
5. From the Registrar, High Court, letter No. 8713/78/-C-3, dated 6th October 1978.
The Registrar High Court has brought to the notice of the Government a case of compassionate appointment made in 1975 for a post outside the purview of the Tamil Nadu public Service Commission in accordance with the G.O. first cited. The individual whose age was 24 at the time of appointment is reported to have been ousted for want of vacancy after having served for the period from the 5th July 1975 to 30th November 1975. A subsequent vacancy for the same post arose only on 16th August 1977. The Registrar, High Court has sought clarification whether the individual may be reappointed in the post, even though he is overaged now.
2. In the Government memo, third cited (copy enclosed), all Collectors and Heads of Departments were informed that is not the criterion for making temporary appointments of retrenched personnel who are sponsored by the District Collectors in terms of the G.O. second cited.
3. In Government memo. No. 102217 A 78-1, P.&AR. (Placement), dated 17th January I979 (copy enclosed) orders were issued that appointing authorities should appoint the retrenched persons in respect of posts which are not under the purview of Tamil Nadu Public service Commission (like Record Clerk, Basic Servant, etc.) regularly in the first instance itself after following General Rule 50, contained in Part II of the Tamil Nadu State and Subordinate Services Rules. If it is not possible, the appointing authorities are requested to appoint the persons temporarily in the first instance and then approach the Government in the administrative Department concerned for relaxation of relevant special rule for regular absorption of the personnel.
4. The intention of the Government in the case of compassionate appointment of dependants of Government Servants dying in harness leaving their families in indigent circumstances is to appoint them regularly wherever consultation with the Tamil Nadu Public Service Commission is not necessary. The appointing authorities are therefore, informed that the instructions issued in the Government memo, fourth cited will be applicable to compassionate also. Their attention is also invited to the clarifications issued in the letter No.34107N-1 77-1, dated 4th May 1978 (copy enclosed) and to the orders issued G.O.Ms.No.1179, P&A.R. (Placements) Department, dated 17 th October 1979.
Yours faithfully, http://www.judis.nic.in (Sd.) For Deputy Secretary to Government.
32Copy of Memo.No.102217/A/78-1, P. & A.R.. (Placements), dated 17th January 1979.
Sub.— Public Services—Personnel retrenched from various departments—Reabsorption of retrenched personnel age-limit for reabsorption—Instructions issued.
Ref.:—Memo.No.36553/77-1, P. &A.R. (Placements), dated 30th May 1977.
In the memo, cited instructions have been issued to all Collectors, Heads of Departments and Government undertakings etc. that age is not the criterion for making temporary appointment of retrenched personnel, who are sponsored by the District Collectors with reference to G.O.Ms.No.50, P. & A. R. dated 19th November 1976.
2. It has been brought to the notice of the Government that certain appointing authorities are not appointing retrenched personnel to posts on the ground that they have exceeded the age limit prescribed for the posts concerned. Orders have been issued in G.O.Ms.No.1302 P. & A.R. (Placements), dated 27th November 1978 regarding the procedure to be adopted for fixation of seniority and other service matters in respect of retrenched Tamil Nadu Public Service Commission personnel appointed in other departments. In respect of posts which are not under the purview of the Tamil Nadu Public Service Commission like Record Clerk Last Grade Government Servant appointing authorities are instructed to appoint the retrenched personnel regularly in the first instance itself after following General Rule 50, contained in Part II of the Taniil Nadu State and Subordinate Services Rules. If it is not possible to be appoint the retrenched personnel with reference to above General Rule, the appointing authorities are requested to appoint the persons temporarily in the first instance and then approach the Government in the administrative Department concerned for relaxation of relevant special rule for regular absorption of the personnel.
S. P. SR1N1VASAN, Second Secretary to Government.
Copy of memorandum No. 36553/77-I, dated 30th May 1977 from Personnel Administrative Reforms (Placements) Department.
Sub: Public Services — Personnel retrenched from various Departments – Reabsorption of retrenched personnel—Age limit for reabsorption—Clarification-Issued. http://www.judis.nic.in 33 Ref :— 1. G.O.Ms.No.50, Personnel and Administrative Reforms, dated 19th November 1976.
2. From the Collector of Madras D.O. A5/No. 35824/77, dated 23rd May 1977.
In the letter second cited, the Collector of Madras has reported that, in certain departments the candidates sponsored by the Collectorate for appointment in term G.O.Ms.No.50, Personnel and Administrative Reforms, dated 19th November 1976 have been rejected on the ground that they are over-aged. In the G.O. referred to above, no age limit has been prescribed for appointing retrenched candidates. All Collectors and Heads of Departments and Government undertakings, etc., are informed that age is not the criterion for making temporary appointment of retirement personnel, who are Sponsored District Collector with reference to G.O. Ms.No.50, Personnel and Administrative Reforms, dated 19th November 1976.
P. KANDASAMY, Ex-Officio Secretary to Government GOVERNMENT OF TAMIL NADU ABSTRACT (G.O. Ms.No.444, Labour and Employment, dated 23rd February 1981).
Public Service—Employment Assistance to the families of the deceased Government Servants Procedure of recruitment — Clarification — Issued.
READ-
1. G.O.Ms.No.225, Labour, dated 15th February 1972.
2. G.O. Ms. No. 560, Labour and Employment, dated 3rd August 1977.
3. From the Chief Engineer, Highways and Rural Works, Letter No: 40354/Q3/79-1, dated 10th May 1979.
ORDER :
According to the orders issued in G.O.Ms.No.225, Labour, dated 15th February 1972 first read above a dependant of the deceased Government Servant can be appointed on compassionate grounds to a post which falls outside the purview of the Tamil Nadu Public Service Commission. In G.O. second read above the concession has been extended to posts falling within the purview of the Tamil Nadu Public Service Commission also.
http://www.judis.nic.in 2. In his letter last read above, the Chief Engineer (Highways and Rural Works) has sought clarification as to whether the individuals appointed as Record Clerk on compassionate ground with 34 reference to G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977 can be considered for appointment as Junior Assistants as fresh entrants if they satisfy the conditions laid down in the G.O., eventhough such appointments as Record Clerks were made after 3rd August 1977. The Government after careful examination issue the following clarification on the point raised by the Chief Engineer (Highways and Rural Works).
3. A person appointed to a post by direct recruitment can aspire to be appointed to another post by direct recruitment if he is eligible for such appointment according to rules. A person appointed a to a lower post if he is subsequently appointed to a higher post need not relinquish his right in the lower post. A dependent who was directly appointed to a post outside the purview of the Tamil Nadu Public Service Commission in terms of G.O.Ms.No.225, Labour, dated 15th February 1972 would be eligible for being appointed to regular post within the purview of the Tamil Nadu Public Service Commission as per the orders issued in paragraph 1(5) of the G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977 as if he is a fresh appointee if the candidate satisfies the conditions in paragraphs 1(6) and 1 (8) of the above G.O.
4. Based on the merits of each case, Record Clerk already appointed on compassionate grounds if they are qualified for appointments as Junior Assistants can be appointed as Junior Assistants by direct recruitment after obtaining the concurrence of the TamilNadu Public Service Commission under the latter part of Regulation 16(b) of the Tamil Nadu Public service Commission Regulations 1954.
5. If any Record Clerk is to be appointed as Junior Assistant by recruitment by transfer for special reasons under rule 3 (g) of the Special Rules for the Tamil Nadu Ministerial Service he must satisfy the conditions laid down in G.O. Ms. No. 621, Public (Services), dated 26th March 1941 as subsequently amended according to which he must be an approved probationer and should have rendered satisfactory service for a period of not less than than five years besides possessing the minimum general educational qualifications.
(By order of the Governor).
LALITHA KUMAR, http://www.judis.nic.in Deputy Secretary to Government.
35GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT Letter No. 58495/N1/80-5, dated 13th March 1981.
From Thirumathi Lalitha Kumar, I.A.S., Deputy Secretary to Government.
To The Chief Engineer, Highways and Rural Works, Madras-600 005.
Sub :- Public Services—Employment assistance to families of deceased Government Servants—Procedure of recruitment—Clarification. Ref :- Your letter No.61309/Q3/80-4, dated 17th September 1980 addressed to the Commissioner and Secretary to Government in Transport Department, Madras-9.
I am directed to invite your attention to the reference cited and to state that it may not be feasible to prescribe norms to decide the indigent circumstances of the families of deceased Government Servants since what is norm to one family may not be so for another with additional commitments or several members in it. Moreover the intention behind the orders of Government in paragraph 4 of G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977 is to provide some immediate relief to the bereaved family for its sustenance.
2. In case of doubt it is open to the appointing authorities either to get necessary declaration, affidavits etc., from the dependents or to consult the Revenue/Municipal authorities, whenever necessary, to ascertain the correct position of the pecuniary condition of the family.
3. I am therefore to request you to follow the above instructions while making appointment on compassionate grounds.
Yours faithfully, f/y/rk;gj;
for Deputy Secretary to Government http://www.judis.nic.in 36 GOVERNMENT OF TAMIL NADU.
LABOUR AND EMPLOYMENT DEPARTMENT.
Letter No.68193/N1/80-3, dated 13th March 1981.
From Thirumathi Lalitha Kumar, I.A.S., Deputy Secretary to Government.
To The Chief Engineer (General), Tamil Nadu Electricity Board, Anna Salai, Madras-600 002.
Sir, Sub :— Public Services – Employment - assistance to dependents of deceased Board Servants Procedure - Clarification.
Ref:— 1. G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977.
2. Your letter No.3524 (13) CC2/79-50, dated 15th December 1980.
I am directed to refer to your letter second cited and to state that as per the orders issued in para 2 of G.O.Ms.No.560, Labour and Employment Department dated 3rd August 1977 near relatives such as brothers/sisters etc. of deceased Government Servant are not eligible for employment assistance on compassionate grounds. However, in deserving cases brother/sisters of deceased Government Servants are appointed on compassionate grounds in relaxation of the condition prescribed in para 2 of the G.O. first cited, after examining the merits of each case. In such cases the approval of the Tamil Nadu Electricity Board, the Government in the Public Works Department and the concurrence of this Department will have to be obtained prior to such appointment.
Yours faithfully, f/y/rk;gj;
For Deputy Secretary to Government.
http://www.judis.nic.in 37 GOVERNMENT OF TAMIL NADU.
LABOUR AND EMPLOYMENT DEPARTMENT Letter No.45447/JV1/80-3, dated 7th April 1981 From Thiru T.V.Vasudevan, I.A.S., Commissioner and Secretary to Government.
To The Transport Commissioner, Madras - 600 005.
Sir, Sub - Public Services - Employment assistance to families of deceased Government Servants who die while in service - Clarification - Issued.
Ref - 1. G.O.Ms.No.225, Labour, dated 15th February, 1972.
2. G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977.
3. From the Transport Commissioner, Letter No.33264/G3/80, dated 21st August 1980.
4. From the Director of Employment and Training Letter No.Z/78060/80, dated 16th December 1980.
In the inference third cited; the Transport Commissioner has sought a clarification whether hast term "Near relative" as defined in G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977 will apply to brother-in-law and brother of a deceased Government Servant who was appointed prior to the issue to the said G.O. on compassionate grounds.
2. I am directed to clarify that all appointments of ‘near relatives’ of Government Servants' who died in harness, made after 15th February 1972 on the basis of G.O.Ms.No.225, Labour, dated 15th February 1972 and before the issue of G.O.Ms.No..560, Labour and Employment, dated 3rd August 1977 may be deemed as regular and as per rules.
Yours faithfully, f/y/rk;gj;
For Commissioner and Secretary to Government http://www.judis.nic.in 38 GOVERNMENT OF TAMILNADU.
Abstract (G.O.Ms.No.998, Labour and Employment, dated 2nd May 1981) Public Services—Employment assistance to families of deceased Government servants— Procedure of recruitment-further instructions—Issued. READ :-
1. G. O. Ms. No. 225, Labour, dated 15th February 1972.
2. G.O. Ms;. No. 560,, Labour and Employment, dated 3rd August 1977.
3. Government Memo. No. 341Q7/N1/77-1, dated 4th May 1978.
ORDER:
In the Memo read above, the Government issued the following orders on the clarifications raised by the Collector of Madras :-
“The dependant of a Government servant who died in harness leaving his family in indigent circumstances, is eligible to avail himself of the concession granted in the Government order read above, even when there is already an earning member in the family, if, in the opinion of the appointing authority, the family is in indigent circumstance. Before deciding indigent circumstances of the family authority should take into accounts the number of dependants left, the movable and immovable assets and liabilities left by the deceased Government Servant the income of the earning member in the family, as also his liabilities. However, the concession under the Government orders read above should not be granted to more than one dependant in the family of the deceased Government servant."
2. The Government have since reviewed the orders referred to in paragraph 1 above. They consider that according to existing orders, there is scope for abuse of the above concession on the plea that the family of the Government servant who died in harness is in indigent circumstance eventhough there is already any earning member in that family. The Government have therefore decided that if in the family of the Government servant who died in harness, there is already an earning member, irrespective of the fact that the member is employed in Government service or elsewhere, other dependant members of the deceased Government servant will not be eligible for the grant of concession granted in the Government orders read above.
3. The Government accordingly, in partial modification of the orders in Government Memo, read above direct that if there is already any earning member in the family of the Government servant who died in harness, the other dependants of the deceased Government servant will not be eligible for the concession of appoint in Government departments and Government undertaking without reference to Employment Exchange.
(By Order of the Government) http://www.judis.nic.in T.V.VASUDEVAN, Commissioner and secretary to Government 39 GOVERNMENT OF TAMIL NADU Abstract.
(G.O.Ms.No.1119, Labour and Employment dated 20th May 1981.) Employment Assistance - Employment assistance to the dependants of deceased- Government Servants-Appointing to the dependants according to their educational qualification— Orders— issued.
READ AGAIN—
1.G.O.Ms.No.225, Labour, dated 15th February 1972.
2.G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977.
READ ALSO-
3.From the Secretary, Tamil Nadu Public Service Commission, Letter No.8301/B2/77, dated 28th December 1977.
4.Government Letter No.157/N-I/78-5, dated 2nd July 1978.
5.From the Secretary, Tamil Nadu Public Service Commission, Lr.No.8301/B2/77, dated 2nd September 1978.
ORDER-
In the G. O. first read above, the Government have permitted the recruitment of son/unmarried daughter relative of the Government Servant who died in harness without reference to Employment Exchange to all the posts which fall outside the purview of the Tamil Nadu Public Service Commission subject to certain conditions.
2. In the G.O. second read above, the above concession was extended to families of the deceased Government Servants who died in harness prior to 15th February 1972 and the concession was made applicable for the posts within the purview of the Tamil Nadu Public Service Commission also. It was also ordered therein that the dependant of the deceased Government servant can be appointed in any department if the qualifications of the applicant do not permit his/her appointment to a post in the same department in which his parent or husband or wife served or if http://www.judis.nic.in he/she possess better qualifications for appointment in the outside department provided the Head of the other Department also gives his concurrence. The dependant should however apply for 40 appointment only to the office in which the Government servant was in service at the time of his death, so that that office can verify the facts in the petition like, date of death, the indigent circumstances of the family, etc. In the Government letter further read above, the Tamil Nadu Public Service Commission was inform that the indigent circumstances under which the family of the Government servant died, in harness and the destitute nature might warrant the appointment commensurate to the extent possible with the educational/technical qualification of the individual and that the appointment could be made available in any department, and hence the orders issued in G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977 in this regard need no revision.
3. In the letter third and fifth read above, the Tamil Nadu Public Service Commission, has expressed its view that the object of the Government is to provide immediate means of livelihood when the bread-winner dies in harness and that it would be more than sufficient if a close relative of the deceased is provided with employment in a post not higher than that of a Junior Assistant. The Commission has also held that it would, however, be open to the candidate, who is qualified for a higher post, to apply to it through normal course. The Commission is also of the view that the orders issued in the G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977 may result in the appointment of an individual possessing a degree outside the normal course, as Deputy Collector or to similar posts. If a graduate is appointed as Deputy Collector or Deputy Superintendent of Police or to similar posts and if another graduate is appointed only as Junior Assistant taking into account the indigent circumstances of the family of the deceased, it would amount to discrimination. The Commission has, therefore, requested the Government to examine the matter in detail and issue suitable orders on the suggestion made by it.
4. The Government have carefully examined the above suggestion of the Tamil Nadu Public Service Commission. They consider that it would be proper and fair to appoint the candidate, with reference to the qualifications possessed by him/her and that it will not be administratively expedient to appoint the candidate possessing technical/professional qualifications like B.E., M.B.B.S., etc. to the post of Junior Assistant. The Government therefore in partial modification of the orders issued in G.0.Ms.No.560 Labour and Employment dated 3rd August 1977 directed that the dependant of the deceased Government servant who possess the technical and professional qualifications, be appointed temporarily without referring to Employment Exchange and Tamil Nadu Public Service Commission to the initial of starting category of post for which his qualifications are the minimum prescribed, either in the department where the patient worked at the time of his/her death or in any other departments in which such posts exist. By way illustration, if the dependants of the deceased Government Servants possess B.E, or M.B.B.S., or B.Sc.,(Agri.) (degree they may be appointed as Assistant Engineer, Civil Assistant Surgeons and Deputy Agricultural Officers respectively temporarily. Likewise Diploma holders will be appointed to the lowest category in the http://www.judis.nic.in concerned subordinate service. All such candidates subsequently shall apply to the Tamil Nadu 41 Public Service Commission in the normal channel and get selected for regular appointment in the post. As regards the dependants of the deceased Government servants who possess suitable requisite qualifications other than technical/professional they shall be appointed as Junior Assistant regularly without reference to Employment Exchange, subject to the concurrence of the Tamil Nadu Public Service Commission being obtaining under the latter part of regulation 16(b) of the Tamil Nadu Public Service Commission regulations 1954.
5.This order takes effect from the issue of the Government order.
(By order of the Governor) V.KARTHIKEYAN, Chief Secretary to Government GOVERNMENT OF TAMIL NADU.
Abstract Public Services - Employment assistance to the dependants of deceased Government Servants dying in harness – Relaxation of Educational qualification for the post of Sweeper - Orders— issued.
(G.O.Ms.No.1505, Labour and Employment, dated 14th July 1981).
READ AGAIN :—
1.G O. Ms.No.225, Labour, dated 15th February 1972.
READ ALSO—
2.G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977.
3.G.O.Ms.No.1130, Labour and Employment, dated 9th July 1979.
4. Letter No.63268/80-1, P. & AR. (Per. K) Department, dated 7th August 1980.
ORDER:
The staff members of the Tamil Nadu Civil Services Joint Council had given notice on the subject of relaxation of Educational rules for providing employment on compassionate grounds to the wife http://www.judis.nic.in of a Government Servant dying in harness, for discussion at the Tamil Nadu Civil Services Joint Council Meeting.42
2. The Tamil Nadu Civil Services Joint Council discussed the matter on 11th November 1980 and decided, among others that of the compassionate appointment is to be made to the post of Basic Servant then the educational qualification, viz., a pass in III Form should not be relaxed. If the request for appointment is limited to the post of ‘Sweeper’ the question of relaxation of educational qualification could be considered in the case of appointment to the widow or direct dependant of a Government Servant dying in harness.
3. The Government have examined the said decision and accept the recommendation of the Tamil Nadu Civil Services Joint Council and direct that normally no relaxation of rules relating to educational qualifications should be given to the widows or the direct dependents of the Government Servants dying in harness for appointment to the post if Basic Servant. However if the request of the widow or direct dependant of a Government servant dying in harness is confined to the post of a ‘Sweeper’ the Government would consider the question of relaxation of relevant rules relating to educational qualification on merits each case.
4. The Heads of Departments and the Departments of Secretariat are, therefore, requested to adhere to the instructions mentioned in paragraph 3 above while making appointment of widows direct dependants of deceased Government Servants dying in harness and leaving their families in indigent circumstances. Necessary instructions may also be issued to all the subordinate appointing authorities for compliance of the orders in paragraph 3 above.
(By order of the Governor) V. KARTHlKEYAN, Chief Secretary to Government.
GOVERNMETN OF TAMIL NADU.
ABSTRACT Public Services - Employment assistance to families of deceased Government servants - Procedure of recruitment - Further instructions - Issued.
(G.O.Ms.No.1579, Labour and Employment, dated 21st July 1981.) READ-
http://www.judis.nic.in
1.G.O.Ms.No.225, Labour, dated 15th February 1972.
432.G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977. ORDER:
In paragraph 1 (b) of the G.O. second read above, the Government issued the following orders:-
In future, requests for appointment of dependants of the Government Servants who died prior to 15th February 1972 can be considered favourably and proposals sent to Government in the following type of cases:-
At the time of consideration of this dependant's case for appointment, the Government Servant's presumptive date of superannuation (i.e. had he lived) should not have been reached. In other words, the grant of the concession would be considered only upto the presumptive date of superannuation of the Government Servant. For example, if a Government servant died in 1965 and the date of the superannuation would have been 1st October 1981 if he were alive, his dependant can apply for a post on the date prior to 1st October 1981 only.
2. A suggestion has been made that the defendants of deceased Government Servants should apply within five years from the date of death of the Government Servant.
3. The Government have since reviewed the orders referred to in paragraph 1 above. The concept of compassionate appointment is to provide immediate relief to the defendants of Government servants who die in harness leaving their family in indigent circumstances.
4. The Government accordingly modification of the orders issued in paragraph 1 (b) of the G.O. second read above, direct that the son or the unmarried daughter of deceased Government Servants shall apply before they attain the age of 30 years and they shall be appointed to any suitable post at any time within the age of 30 years. The widows of the Government Servants who die in harness shall be appointed to any suitable post within that age.
5. This order will take effect from the date of this order.
(By order of the Governor) V.KARTHIKEYAN, Chief Secretary to Government GOVERNMENT OF TAMIL NADU.
ABSTRACT.
Public Services - Employment assistance to the dependants of deceased Government Servants- Further Clarification - Orders— issued.
(G.O.Ms.No.2521, Labour and Employment, dated 7th November 1981).
READ—
1.G O.Ms.No.225, Labour, dated 15th February 1972.
2.G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977.
http://www.judis.nic.in 3.G.O.Ms.No.1179, Personnel and Administrative Reforms (Placements), dated 17th October 1979.
44READ ALSO—
1.From the Director of Treasuries and Accounts Rc.No.57773/80/C3, dated 6th September 1980.
ORDER:
In the G.O. first read above, the Government have issued orders outlining the procedure for the appointment of dependants of deceased. Government Servants for the posts outside the purview of Tamil Nadu Public Service Commission. This concession has been extended to the posts falling within the purview of Tamil Nadu Public Service Commission also in the G.O. second read above. It has been further clarified in the above G.O. that the dependant of the deceased Government Servants can be appointed in any other department if the qualifications of the applicant do not permit his/her appointment to a post in the same department in which his/her parent or husband or wife served or if he/she possesses better qualifications for appointment in the outside department provided the Head of that Department also gives his concurrence. However the dependant should apply for appointment only to the office in which the Government Servant was in service at the time of death so that office can verify the facts in the petition like date of death, the indigent circumstances of the family, etc.
2. In the G.O. third read above the Government had directed that in case the dependant of deceased Government Servants could not be provided employment in the office where the deceased Government Servant worked, the names of such dependants of deceased Government Servants fully qualified and eligible for employment assistance under G.O.Ms.No.560, Labour and Employment , dated 3rd August 1977 should be furnished to the Collector of the District concerned who will maintain such a list and sponsor them whenever a suitable vacancy arises.
3. In the reference fourth read above the Director of Treasuries and Accounts has requested clarification whether appointment on compassionate grounds may be made by ousting a temporary candidate sponsored by the Employment Exchange or Collector as the case may be when there is no vacancy.
4. The Government have examined the proposal in detail. The concept of employment assistance to a dependant of deceased Government Servants is to give immediate relief to the family of the deceased Government Servant. The Government have therefore decided that the appointment on compassionate grounds may also be made by ousting a temporary candidate sponsored by Employment Exchange/Collector, when there is no vacancy, provided that the temporary candidate to bet ousted has not put in service of more than a year in that office.
(By order of the Governor.)
http://www.judis.nic.in K.DIRAVIAM,
Chief Secretary to Government,
45
GOVERNMENT OF TAMIL NADU.
LABOUR AND EMPLOYMENT DEPARTMENT
(Letter No.2563/N1/82-2, Labour and Employment, dated 11th March 1982.) From Thiru Gangadhar Jas, I.A.S., Commissioner and Secretary to Government to All Head of Departments, All District Collectors, All Departments of Secretariat. The Secretary Tamil Nadu Public Service Commission, Madras-600 002 and the Director of Employment and Training Madras- 600 005.
Sir, Subject—Public Services—Employment assistance to families of deceased Government Servants - Instructions issued in G.O.Ms.No.1579, Labour and Employment, dated 21st July 1981— Modified.
Reference:— G.O.Ms.No.1579, Labour and Employment, dated 21st July 1981.
In paragraph 1 of the G.O. cited orders have been issued that the son or the unmarried daughter of deceased Government Servants shall apply before they attain the age of 30 years and they shall be appointed to any suitable post at any time within the age of 30 years. The widows of the Government Servants who die in harness shall apply before they attain the age of 31 years and they shall be appointed to any suitable post within that age.
2. In partial modification of the orders issued in paragraph 4 of the G.O. cited the Government now direct that the age limit or the widows of the Government Servants who die in harness shall be 40 years for the purpose of employment assistance on compassionate grounds. They also direct that for the purpose of considering the upper age limit, the date of death of the Government servant should be taken into account that is, the age of sons, unmarried daughters/widows should not be more than 30/40 years on the date of death of the Government Servant.
Yours faithfully, br/gHdp for Commissioner and Secretary to Government GOVERNMENT OF TAMIL NADU Labour and Employment Department Letter No. 36907/N1/86-1, dated 5th May 1982. From Thiru Gangadhar Jas, I.A.S., http://www.judis.nic.in Commissioner and Secretary to Government.
46To All Head of Departments, All District Collectors, The Secretary, Tamil Nadu Public Service Commission, Madras-600 002. The Director of Employment and Training, Madras-600005.
Sir, Subject.—Public Services—Employment assistance to the families of deceased Government servants—Clarifications to the orders issued in G.O.Ms.No.998, Labour and Employment, dated 2nd May 1981 - Issued.
Reference.— 1. G.O.Ms.No.998, Labour and Employment, dated 2nd May 1981.
2.From the Registrar of Co-operative Societies R.C.No.238106/80/G5, dated 18th June 1981.
3. From the Chief Engineer (Highways and Rural Works), letter No:
40196/Q3/81-1, dated 17th July 1981.
In the reference first cited orders have been issued that if there is already an earning member in the family of the Government servant who died in harness, the other dependants of the deceased Government Servant will not be eligible for the concession of appointment Government departments and Government undertaking without reference to Employment Exchange.
2.Certain heads of departments have raised the following clarifications to the orders issued in the above Government Order.
(i) Whether the revised instructions shall apply only to the cases of deaths on or after 2 nd May 1981 or whether it has to be applied in all he cases irrespective of the date of death.
(ii) Whether the concession is admissible even in cases where the earning member is married and living separately and/or not be extending his full support to the family of the deceased Government Servant.
(iii). Whether the orders i. G.O.Ms.No.998, Labour and Employment dated 2nd May 1981 are to be strictly followed while considering the cases of dependants of deceased Government servants for appointment on compassionate grounds.
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(iv) Whether the indigent circumstances of the family of the deceased Government Servant 47 may be taken into account and request for appointment may be considered even through any of the legal heir of the deceased Government servant is employed provided such in employee does not belong to them divided family and maintain separate family.
3. The Government have examined the above points and issue the following clarifications.
(i) The instructions issued in G.O.Ms.No.998, Labour and Employment dated 2nd May 1981 are applicable in all cases of appointment on compassionate grounds irrespective of the date of death of the Government servants.
(ii) The concession is not admissible even in cases where the earning member of the family of the deceased Government servant is married and living separately and/or not extending his full support to the family of the deceased Government servant.
(iii) While considering the cases of dependants of the Government servants for appointment on compassionate grounds apart from indigent circumstances of the family, other factors such as whether there is any earning member in the family, age and educational qualifications of the individual should be considered.
(iv) All temporary appointments made on compassionate grounds prior to 2-5-1981 of dependants of dependants of deceased Government servants, which have not yet been regularised, due to administrative reasons, need not be disturbed. The Heads of Departments may be requested to send proposals for regularisation of the services of such persons to the concerned Administrative Department in Secretariat.
(True copy) Your Faithfully.
S.Palani For Commissioner and Secy. To Govt.
GOVERNMENT OF TAMIL NADU Labour and Employment Department Letter No.43242/N1/81-9, dated 1st June 1982.
From Thiru Gangadhar Jas, I.A.S., Commissioner and Secretary to Government.
To All Head of Department.
http://www.judis.nic.in Sir, 48 Subjects: - Public services- Employment assistance to families of deceased Government Servants further Clarifications to G.O.Ms.1579, Labour and Employment, dated 21st July 1981.
Reference: - 1.G.O.Ms.No.1579, Labour and Employment, dated 21st July 1981.
2.From the Chief Conservator of Forests, Madras-6, Reference No. W1/26980/81-2, dated 15th July 1981.
3.From the Registrar of Co-operative Societies, Rc.No.1652251/81, dated 31st July 1981.
4. From the Inspector-General of Police (Crime and Law and Order), Rc. No.160699 NG, BII(1) 81, dated 20th August 1981.
5. From the Secretary to Government, U.O.Note No.14251/Q1/81, dated 1st September 1981.
6. From the Commissioner of Commercial Taxes, Letter No. P3/4012/81, dated 22nd September 1981.
In the G.O. first cited orders have been issued that the son/unmarried daughter of the deceased Government servant shall apply before they attain the age of 30 years and they shall be appointed to any suitable post at any time within the age of 30 years. The widows of the Government Servants dies in harness shall apply before they attain the age of 31 years and they shall appointed to any suitable post within that age. The effect has been given from the date of issue of the G.O.
2. Some of the heads of Departments have sought the following clarifications regarding the orders issued in G.O.Ms.No.1579, Labour and Employment, dated 21st July 1981.
(i) whether applications can be entertained from the dependants of deceased Government Servant who died while in service on or after 15th February 1972, for employment assistance on any date without any time limit.
(ii) whether the orders are applicable oily in the cases of death prior to 15th February or whether it is applicable in all the cases irrespective of the date of death.
(iii) whether the widows are debarred from applying for a under Government fully qualified but overaged.
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(iv) whether the cases already rejected with reference to para 1 (b) of G.O.Ms.No.560 49 Labour and Employment, dated 3rd August 1977 should be consider against in view of the order.
3. The Government issue the following clarifications:—
(i) The dependants of Government Servants who due in harness can be considered appointment on compassionate grounds irrespective of the presumptive date of superannuation of deceased Government Servants.
(ii) Orders issued in G.O.Ms.No.1579, Labour and Employment, dated 21st July 1981 are applicable to the dependants of deceased Government Servants who die in harness respective of the date of death of the Government Servant.
(iii) In deserving cases of widows, this Heads of Department may send necessary proposals to the Government in the administrative Department of Secretariat for relaxation of rules in favour of widows.
(iv) considering the cases of dependants of the Government servants for appointment compassionate grounds apart from indigent circumstances of the family, other factors such as is any earning members in the family, age and educational qualification of the should be considered.
(v) All temporary appointments made on compassionate grounds prior to 2 nd May 1981 of deceased Government Servants, which have not yet been regularized, due to reasons need not be disturbed. The Heads of Departments may be requested to for regularization of the services of such persons to the concerned Administrative secretariat.
Yours faithfully, S.PALANI, For Commissioner and Secretary to Government GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT Letter No. 68208/N1/80-8, dated 9th July 1982. From Thiru.GANGADHAR JAS, I.A.S., Commissioner and Secretary to Government.
To The Director of Medical Services and Family Welfare, Madras -600 006.
Sir, http://www.judis.nic.in Subjects: Public Services—Employment assistance to families of deceased 50 Government Servants - Procedure of recruitment - Clarification regarding rule of reservation issued.
Reference: 1. G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977.
2. G.O.Ms.No.1130, Labour and Employment, dated 9th July 1979.
3. From the Director of Medical Services and Family Welfare letter Ref. No.110332/E2/2/79, dated 6th August 1979.
I am directed to state that in the G.O. first cited the Government issued orders for appointment of dependants of deceased Government Servants to the posts within the purview of the Tamil Nadu Public Service Commission. In the G.O. second cited, the Government have directed that regular appointment to the posts outside the purview of the Tamil Nadu Public Service Commission can be made straightaway after ascertaining the indigent circumstances of the family of the Government Servant in relaxation of relevant rules is relating to reservation of posts and without reference to the Employment Exchange subject to the condition that the candidates suitability for the post is ensured, while making such appointments.
2. You have asked for a clarification whether the rule of reservation for temporary appointments to the posts within the purview of the Tamil Nadu Pubic Service Commission such as Junior Assistant need not be followed in respect of the dependants of the deceased Government Servants in the absence of similar provision in the G.O. first cited. I am to state that the erstwhile Board of Revenue had expressed the view that the appointing authorities can appoint a dependant of the deceased Government Servants to the post of Last Grade Government Servant without insisting on the rules relating to reservation of posts and appointment without reference to Employment Exchange and that however relaxation of relevant rules can be made only by the Government.
3. According to the existing orders, the rule of reservation (General Rule 22) should be relaxed in favour of candidates appointed on compassionate grounds to the posts outside the purview of the Tamil Nadu Public Service Commission. There are no specific orders about the candidates appointed on compassionate grounds to posts within the purview of the Tamil Nadu Public Service Commission.
4. Appointments under the provision of G.O.Ms.No.225, Labour, dated 15th February 1972 are made on compassionate grounds under extraordinary circumstances in order to provide employment assistance to the families of Government Servants who die in harness having their families indigent circumstances. Such appointments are made generally when the dependants of the Government Servants possess all the qualifications prescribed for the posts concerned and the general procedure of recruitment through employment exchange has been relaxed in such cases. It therefore http://www.judis.nic.in not possible, to follow the rule of reservation while making such compassionate appointments. As cases of this kind will be very few, there is no need to amend the General rule 22 51 and it can be relaxed in favour of the candidates appointed on compassionate grounds to the posts within the purview of the Tamil Nadu Public Service Commission also on the merits of individual case. Such appointments should be offset in the vacancies that arise in the future. For instance if a member of Backward Class is the beneficiary of an appointment on compassionate hen that appointment should be offset towards the next Backward Class vacancy that in the Cycle. The seniority also should be with reference to the Cycle.
5. I am to add that the rule of reservation will not apply to posts in Tamil Nadu Basic Service and that here is also no need to relax the rule 4 (a) of the Special Rules of the Tamil Nadu Basic service relating to the mode of appointment, consequent on the amendment to the said rule in G.O.Ms.No.359 Personnel and Administrative Reforms (Personal-F), dated 28th March 1978.
Yours faithfully, br/gHdp For Commissioner and Secretary to Government GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT Letter No.18274/N1/82-3, dated 9th July 1982. From Thiru GANGADHAR JAS, I.A.S., Commissioner and Secretary to Government.
To Heads of Departments, District Collectors, Secretary, Tamil Nadu Public Service Commission, Madras – 600 002. Director of Employment and Training, Madras -600 005.
Sir, Subjects: Public Services—Employment assistance to dependants to deceased Government Servants – Indigent circumstances-Determination of Regarding.
Reference: 1. G.O.Ms.No.225, Labour, dated 15th February 1972.
2. G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977.
3.Government Letter No.58495/N1/80-5, Labour and Employment, dated 13th March 1981.
The references first and second cited, it has been ordered that the dependants of the Government who die in harness shall be appointed on compassionate grounds without reference from the Employment Exchange/Tamil Nadu Public Service Commission provided they are fully eligible. The appointing authorities have also been empowered to determine the indigent of the http://www.judis.nic.in families of the Government servants before offering them employment.
52The reference third cited it was clarified that, in case of doubt it is open to the appointments either to get necessary declarations, affidavits etc., from the dependants or to the Revenue/Municipal authorities, whenever necessary, to ascertain the correct position pecuniary conditions of the family.
The order to determine the indigent circumstances of the families of the Government who die in harness, the appointing authorities may be requested to take into account giving particulars also before certifying the families of the Government servants who die in harness to be in indigent circumstances:-
(i) The total amount of Family Benefit Fund, Death-cum-Retirement Gratuity and Provident Fund accumulations received.
(ii) How the amount has been spent.
(iii) Whether it has been deposited in the bank and the interest received.
(iv) Whether it has been spent to celebrate the marriage of the sons/daughters or some purpose.
(v) Amount of family pension.
(vi) Other source of Income like House rent/Land (if any).
The appointing authorities are requested to follow the above guidelines strictly while employment assistance to the dependants of deceased Government servants who die in harness. The appointing authorities who are empowered to make temporary appointments in the dependents of Government servants for the posts falling within the purview of the Tamil Nadu Public Service Commission should send the above particulars (in paragraphs 3 above) in para 17 of the proforma annexed to U.O. Note No. 47660/N1/78-2, Labour and Employment, dated 9th October 1978, while sending proposals to the Government in the Administrative Department, Secretariat for regularisation of such appointments in consultation with the Tamil Nadu Service Commission.
Yours faithfully, br/gHdp For Commissioner and Secretary to Government GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT Letter No.48726/N1/82-2, dated 4th October 1982. From Thiru.N.Rathinasabapathy, B.A.B.L., Deputy Secretary to Government.
http://www.judis.nic.in 53 To All Heads of Departments.
All District Collectors.
The Secretary, Tamil Nadu Public Service Commission, Madras-600 002. The Director of Employment and Training, Madras-600 005. All Secretaries to Government.
Sub : Public Services—Employment to dependents of Government servants who retire from service on Medical-invalidation—Further instructions issued.
Ref : (1) G.O. Ms.No.225, Labour, dated 15th February 1972.
(2) Government Memo. No. 23660/N2/74-3, dated 20th September 1974. (3) G.O.Ms.No.1025, Labour and Employment, dated 22nd November 1970.
--------
In the G.O. first cited, Government have ordered that the general procedure of recruitment through Employment Exchange to all posts which fall outside the purview of the Tamil Nadu Public Commission, be relaxed in favour of the son/daughter/near relative who would take care of the family of a Government servant, who dies in harness leaving his family in indigent consistencies certain conditions.
2. In the G.O. third cited Government extended the concession granted in the Government order first cited as amended in the memorandum second cited, to the employees (both men and women) of the Government of Tamil Nadu who are retired from Government Service on medical validation under Article 441, with Articles 452 and 454 of the Civil Service Regulations.
3. It is clear from the above that the concession allowed in the G.O. third cited, will apply only to posts that fall outside the purview of the Tamil Nadu Public Service Commission. However has come to the notice of the Government that certain Heads of Departments have appointed the dependents of Government servants who retired from service on Medical invalidation, for the posts which are falling within the purview of the Tamil Nadu Public Service Commission also like Junior Assistant, Typist, etc. Such appointments made to the posts falling within the purview of the Tami Nadu Public Service Commission are irregular.
4. The Government hereby clarify that the dependents of Government servants, who retired from service on Medical invalidation, are eligible for appointment only to the posts falling outside http://www.judis.nic.in the purview of the Tamil Nadu Public Service Commission like Record Clerks, Basic Servants, and 54 that they are not eligible for appointment to the posts falling within the purview of the Tamil Nadu Public service Commission. If any dependents of the Government Servants retired from service on Medical invalidation have been appointed irregularly as Junior Assistant, Typist posts falling within the purview of the Tamil Nadu Public Service Commission they should be forthwith, to any one of the posts falling outside the purview of the Tamil Nadu Public Service commission.
Yours faithfully, For Commissioner and Secretary to Government GOVERNMENT OF TAMIL NADU ABSTRACT LABOUR AND EMPLOYMENT DEPARTMENT (G.O.Ms.No.2440, Labour and Employment, 19th November 1982.) [Public Service : —Employment assistance to dependants of deceased Government servants- Recommendation of the Services Rules Commission—orders passed.] READ—
1. G.O.Ms.Mo.225, Labour, dated 15th February 1972.
2. G.O.Ms.No.560, Labour and Employment, dated 3rd August 1977.
READ ALSO-
3.From the Personnel and Administrative Reforms (S.R.C.) department, U.O.N.52364/80-2, dated 2nd July 1980.
4. G.O.Ms.No.1579, Labour and Employment, dated 21st July 1981.
5. Government letter No. 2563/N18/2-2, Labour and Employment, dated 11th March 1982.
ORDER :
The Service Rules Commission has made the following recommendations relating to the appointment of a mention of the family of a Government Servant dying in harness without reference to Employment Exchange:-
(i) power should be delegate to lower authorities, District level and Head of Department level;
http://www.judis.nic.in (ii) appointments needs not be to posts coming under Group; A or Group B; every in Group C appointments may be restricted to the lowest of the address.
55(iii) Higher age limit up to 30 years may be made available to all such candidates in respect of all posts. Beyond 30 years of relaxation may be retained by the Departments of the Secretariat concerned. However in regard to appointments of posts in Group D officers in the grade Rs.750- 1,350 (at District level or Divisional level, as the case may be varying with the Department concerned) may be delegated with authority to relax the age rule.
2. The Government have examined the above recommendations and pass the following orders:
Recommendation (i)-
Powers under the G.O.Ms.No.225, Labour dated 15th February 1972 should be delegated to lower authorities, District Level and Head of Department level.
3. This suspension has been made to administrative delays in getting the clearance of the Secretariat Departments for the deviation from the normal procedure of recruitment of candidates through Employment exchanges. Government have already empowered the appointing authorities to waive the normal procedure and appoint one deserving son/unmarried daughter of a government employee dying in harness. In cases where the concurrence of the Tamil Nadu Public Service Commission is required they are empowered to appoint the dependant temporarily and send proposals to the Administrative Department concerned in the Secretariat, for obtaining the concurrence of the Tamil Nadu Pubic Service Commission under the latter post of Regulation 16(b) of the Tamil Nadu Public Service Commission Regulation 1954. Regulation of such temporary appointment would be made after the concurrence of the Tamil Nadu Public Service Commission is obtained. Thus, the delegation of powers already made are more liberal than these suggested by the services Rules Commission. The Government consider that no action is necessary on this recommendation.
Recommendation No. (ii)
4. Orders have already been issued in G.O.Ms.No.1119, Labour and Employment, dated 20 th May 1981. The Government consider that no action is necessary on this recommendation.
GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT.
Letter No.22247/N1/82-4, dated 23rd November 1982. From Thiru. Gangadhar Jas, I.A.S., Commissioner and Secretary to Government.
To All Heads of Departments.
All District Collectors.
All Departments of Secretariat.
http://www.judis.nic.in The Secretary, Tamil Nadu Public Service Commission, Madras-600 002.
56The Director of Employment and Training, Madras-600 005.
Sir, Sub.—Public Services —Posts outside the purview of the Tamil Nadu Public Service Commission— Recruitment of son/daughter/near relatives of a Government servant retire on medical invalidation—Order issued in G.O.Ms.No.1025, Labour and Employment, dated 22nd November 1976—Further instructions.
Ref.— (1) G.O.Ms.No.1025, Labour and Employment, dated 22nd November 1976.
(2) From the Government of India, Ministry of Home Affairs, Department of Personal and Administrative Reforms, New Delhi, Office Memo.No.14014/10/80-Estt.(D) dated 18th March 1982.
In the Government Order cited Government have extended the concession of direct appointment without reference to the Employment Exchange, given to the son/daughter/near relative of a Government who dies in harness, to the son/daughter/near relative of a Government Servant who retires from Government service on medical invalidation under Article 441 read With Article 452 and 454 of the Civil Service Regulations.
2. The Government of India have not stated that it has been brought to the notice of the Government that of late, there had been a pate of cases of officers proceeding on retirement medical certificates on various grounds and also claiming the appointment of their wards to Government Service on compassionate grounds. In several cases, such retirements are sought toward the fag-end of the service, that is, about the time the officer would have normally superannuation. Unlike the cases of death occurring, where the family of the office gets only a family pension, the officer retiring on a medical grounds in such cases, would also be getting full or nearly full pension. Considering the cases of the wards of such officers for compassionate appointments would contrary to the spirit of the scheme itself under which the reason for granting the concession to those retired on medical grounds and that they had leave service.
3. It is therefore, extension of this benefit to son/unmarried daughter/wife/relative of officers retiring after they have attained the age of 50 years may not be justified. With a view to restricting the benefit of this concession to really deserving cases, the Government have decided that the benefit of compassionate appointment envisaged in the Government Order cited should be confined to cases wherein Government servants retire on medical grounds before they attained the age of 50 years. Accordingly, the Government direct that the following sentence be added at the end of paragraph 4 of the G.O.Ms.No.1025, Labour and Employment, dated 22nd November 1976:— “This concession should not, however, be extended to cases where the Government servant has retired on or after attaining the age of 50 years”. http://www.judis.nic.in Recommendation No. (iii).-
575. The Government have considered the above recommendation. They feel that relief to be bereaved families of the deceased Government servant is delayed if proposal for relaxation of age rule is approved at the level of the Government. In order to reduce the work at the Government level and in view of the consequential delay in rendering to such families, the Government direct that in respect of all dependents other than those who seek appointment by direct recruitment to various posts under the state on compassionate grounds in pursuance of G.O.Ms.No.225, Labour, dated 15th February 1972 and G.O.Ms.No.560, Labour and Employment dated 3rd August 1977, the normal age limit for appointment be raised to 30 and that the age limit in respect of widows of the deceased Government Servants be raised to 40; proposals for relaxation of age rule in such cases should be sent to Government
6. In respect of appointment to posts coming under Group D, the appointing authorities may appoint the candidates in such cases; i.e. appoint those who have crossed minimum age fixed for recruitment but not 30 years (40 in the case of widows) on temporary basis and send proposals to Government for relaxation for rules. As relaxation of rules cannot be given respective effect, proposals in such cases for relaxation of rules should be sent to Government as early as possible after appointment.
7. All the Secretaries to the Government and the Heads of Department are requested to being the contents of this G.O. to the notice of the appointing authorities under their control.
(By order of the Governor.) GANGADHAR JAS, Commissioner and Secretary to Government GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT.
Letter No. 46571/N1/82-3, dated 24th November 1982. From Thiru.Gangadhar Jas, I.A.S., Commissioner and Secretary to Government.
To The Joint Secretary, Tamil Nadu Public Service Commission, Madras – 600 002.
The Directorate of Collegiate Education, http://www.judis.nic.in Madras – 600 006.
58Sir, Sub. — Public Services—Employment to dependants of deceased Government Servants— Clarification issued.
Ref.— (1) From the Joint Secretary, Tamil Nadu Public Service Commission, Letter No. 4895/E3/82, dated 6th August 1982 and 4888/E3 /82, dated 7th August 1982. (2) From the Director of Collegiate Education I/C RC. No.71825/V2/82, dated 16th August 1982.
The Tamil Nadu Public Service Commission and the Director of Collegiate Education have asked for following clarification to the orders issued in G.O.Ms.No.1579, Labour Employment dated 21st July 1981 and Government letter No. 2563/N1/82-2, Labour and Employment dated 11 th March 1982.
(i) Whether the dependants belonging to Scheduled Caste/Scheduled Tribe can be appointed (or not) on compassionate grounds in relaxation of age qualification even, if they exceed the age of 30/40 years on the date of death of Government servant;
(ii) Whether the age limit of 30/40 years is applicable to the widowers for appointment on Compassionate grounds; and
(iii) Whether the upper age limit of 33 years will be applicable to dependants of deceased Government servants who belong to Scheduled Caste/Scheduled Tribe.
2. The Government have examined the above points and issue the clarifications as follows:-
(i) The dependants of deceased Government servants (belonging to Scheduled Caste/ Scheduled Tribe) can be appointed on compassionate grounds in relaxation of age rule, even if they exceed the age limit of 30/40 years on the date of death of Government servant taking into account the age limit prescribed in the Special Rules, when it is more beneficial to the individual;
(ii) The upper age limit of 40 years shall not apply to the widowers for the purposes of appointment on compassionate grounds. They shall be eligible for appointment up to the age limit of 30 years.
GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT.
Letter No.5484/N1/82-9, dated 16th June 1983.
From Thiru.Gangadhar Jas, I.A.S., Commissioner and Secretary to Government.
To http://www.judis.nic.in The Registrar, High Court, Madras.
59Sir, Sub.— Public Service:—Employment assistance to families of deceased Government Servant – Certain Clarification – Regarding.
Ref.— (1) G.O.Ms.No.1130, Labour and Employment, dated 9th July 1979.
(2) G.O.Ms.No.1505, Labour and Employment, dated 14th July 1981. (3) G.O.Ms.No.292, Personnel and Administrative Reforms (Personnel-F), dated 31st March 1982.
(4) Your R.O.C. 8912/31-C3, dated 22nd July 1982. In the Government Order first cited, the Government have issued orders that regular appointment to the post outside the purview of the Tamil Nadu Public Service Commission can be made straightaway after ascertaining the indigent circumstances of the family of the deceased Government servant without reference to the Employment Exchange subject to the condition that the candidate suitability for the posts is insure.
2. In the Government Order second cited, it was clarified that if the request of the widow or direct dependant of a Government servant dying in harness is confined to the post of a sweeper the Government would consider the question of relaxation of relevant rules relating to educational qualification on merits of each case.
3. In the Government Order third cited, the Government have issued orders that for category 6, Masalchis of Class III and all categories in Class IV of the Tamil Nadu Basic Service Rules, the educational qualification shall be ability to read and write Tamil “since those categories are to made as not as not directly connected with office work.
4. The Registrar, High Court in his reference fourth cited has requested for orders whole the request from the widows or direct dependant of the Government servants dying in harness may be considered regularly if request are confined to the above said posts in die Basic Service it accordance with G.O.Ms.No. 1130, Labour and Employment, dated 9th July 1979.
5. The Government have examined the above order and direct that may be considered in the light of G.O.No.Ms.No.1130, Labour and Employment dated 9th July 1979 and if relaxation of relevant rule regarding educational qualification is necessary proposal may be sent to the Government in accordance with the previsions of G.O.Ms.No.1505, Labour and Employment, dated 14tnh July 1981.
http://www.judis.nic.in To (Contd.) 60 The Personnel and Administrative Reforms (Per.S) Department, Madras -9 (for issue of correction slips to Tamil Nadu Services Manual, Volume – I, 1987).
All Sections in Personnel and Administrative Reforms Department, Madras – 9.
The Secretariat Library, Madras – 9. (4 copies). All Departments of Secretariat (OP), Madras – 9. Sf/sc.
/Forwarded by order/ SECTION OFFICER.
GOVERNMENT OF TAMIL NADU EMPLOYMENT SERVICES DEPARTMENT Letter No.22130/N1/83-4, dated 27th August 1983.
From Thiru Keshav N. Kasiraju, I.A.S., Deputy Secretary to Government.
To The Registrar, High Court, Madras – 600 001.
Sir, Sub.- Public Service - Employment assistance to the dependants of Government Servants who retire from service on Medical invalidation—Certain clarification— Issued.
Ref.- (1) G.O. Ms. No.1025, Labour and Employment dated 22nd November 1976.
(2) Government letter No.22247/N1/82-4, Labour and Employment, dated 23 rd November 1982.
(3) Your Roc. No.2701/83/C3, dated 5th April 1983.
In the Government Order first cited, the Government have orders that the concession granted in G O.Ms.No.225, Labour dated 15th February 1972 may be extended to the employees of the Government of Tamil Nadu who are retired from Government service on medical invalidation under Article 441 with articles 452 and 454 of the Civil Service Regulations.
2. In the Government letter second cited, it was further clarified that this concession should not, however, be extended to cases where the Government servant has retired on or after attaining the age of 50 years.
http://www.judis.nic.in 61
3. In the letter third cited, you have stated that an instance has been brought to the notice of the High Court in which a Peon was allowed to be retired with effect from 1st February 1982 on medical invalidation. His son was appointed on 27th May 1982 as temporary Masalchi as per G.O.Ms.No.1025, Labour and Employment dated 22nd November 1976 and he is continuing as such. At the time of appointment of the above individual the retired government servant has attained the age of 55 years. The appointment was made prior to the issue of Government letter No. 22247/NI/82-4, Labur and Employment dated 23rd November 1982. You have therefore requested for clarifications whether the instructions issued in the letter second cited will take effect from the date of its issue for from the date of G.O.Ms.No.1025, Labour and Employment, dated 22 nd November 1976.
4. The Government have examined the above point and direct that the clarification issued in Government Letter No.22247/N1/82-4, Labour and Employment dated 23rd November 1982 shall take effect only from the date of issue. It will not cover the past cases wherein the individuals have already been appointed and continuing in service.
5. The Government also direct that the age limit of 50 years mentioned in the letter 2nd cited is the age on the date of retirement of the Government on medical grounds are not at the time of appointment of his ward.
GOVERNMENT OF TAMIL NADU EMPLOYMENT SERVICES DEPARTMENT Letter No.114 Dated: 28.12.1983 From Thiru Keshav N. Desiraju, I.A.S., Deputy Secretary to Government, Fort St. George, Madras – 600 009.
To All Heads of Departments.
All Dist. Collectors.
All Secretary's to Goverment.
The Departments of Secretariat, The Director of Employment and Training, Madras-600 005. The Secretary TNPSC, Madras-600 002.
Sir, Sub: Public Service Employment assistance to dependants of deceased Government servants on compassionate grounds - Further Instructions - Issued. http://www.judis.nic.in Ref: i) G.O.Ms.No.225 Lab. dt.15.2.72
ii) G.O.Ms.No.560 L&E dt.3.8.77.
62iii) G.O.Ms.No.2521 L.&.E. dt.7-11.81 In the G.O. First and Second cited, orders have been issued that the dependants of the Government servants who die in harness leaving their families in indigent circumstances are eligible for appointment on compassionate grounds to the posts falling outside/within the purview of the TNPSC, without reference to the Employment Exchange subject to the condition that they are fully qualified. The dependants are also eligible for appointment in other Departments, if his/her qualification do not permit appointment in the Departments where the deceased Government servant served at the time of his/her death, provided that the Head of the other Department also gives its concurrence.
2. In the G.O third cited it was further clarified that appointments on compassionate grounds can also be made by ousting a temporary candidate sponsored by Employment exchange / Collector provided that the said temporary candidate has not put in a service of more than a year in that office.
3. It has come to the notice of Government that in a case relating to the appointment of person on compassionate grounds, the appointing authority did regularise his services for a period of 3 years and that subsequently his services were terminated on the allotment of service commission candidates to the unit. On an appeal, the persons who was ousted from service had to be reappointed after an interval of 3 years as a fresh hand 3 rd his services had to be regularised by relaxation of relevant rules. Such action by the appointing authorities defeats the very purpose of giving immediate relief to the family of the deceased Government servant.
4. The Government now direct that all the Heads of Departments and departments of Secretariat should take immediate action for regularization of services of person appointed on compassionate grounds to the posts falling the purview of the TNPSC. If the post falls within the purview of the TNPSC, they may appoint the fully qualified persons temporarily and send necessary proposals immediately after their appointments to the Government in the administrative departments of Secretariat for their regular appointment in consultation with the TNPSC. They should not be ousted in any case without obtaining these specific orders of the Government in the administrative Departments of Secretariat.
Yours faithfully, br/ghyRg;gpukzpad;
http://www.judis.nic.in For Deputy Secretary to Government.
63GOVERNMENT OF TAMIL NADU EMPLOYMENT SERVICES (B1) DEPARTMENT Letter No.63278/B1/83-4, Dated 28.2.1984 From Thiru.S.Parthasarathy, I.A.S., Commissioner and Secretary to Government.
To All Heads of Departments.
All District Collectors.
All Departments of Secretariat.
The Secretary, Tamil Nadu Public Service Commission, Madras-2. (WCL) The Director of Employment and Training, Madras-5.
Sir, Sub: Public Services- Employment assistance on compassionate grounds – Amendment of G.O. Ms.No.444, Labour and Employment dated 23.2.1981.
---
In para 4 of the Government orders cited, orders have been issued that based on the merits of each case, Record Clerks already appointed on Compassionate Grounds if they are qualified for appointments as Junior Assistants, can be appointed as Junior Assistants by direct recruitment after obtaining the concurrence of the Tamil Nadu Public Service Commission under the latter part of Regulation 16 (b) of the Tamil Nadu Public Service Commission Regulations, 1954.
2. The Government direct that person who has been appointed first as Record Clerk can be considered again for appointments as Junior Assistant as a fresh entrant even though he/she does not satisfy the age prescribed in the Concerned Special Rules, provided he/she satisfies the age limit fixed in Government letter No.2563-/N1/82-2 Labour and Employment dated 11.3.82.
3. If the dependant is considered for appointment to the post of Junior Assistant by method of recruitment by transfer, there is no age limit prescribed in the Special Rules and one should satisfy the qualification and experience referred to in para 5 of G.O.Ms.No.444 Labour and Employment dated 23.2.81.
Yours faithfully, br/ghyRg;gpukzpad;
For Commissioner and Secretary to Government.
GOVERNMENT OF TAMIL NADU From Thiru.C.Chellappan, I.A.S., Employment Service Dept. Commissioner and Secretary to Government Letter No.3035/B1/85-1 Dated : 12.6.1985, http://www.judis.nic.in Fort St. George, Madras 600 009.
64To All Heads of Departments.
All District Collectors,.
All Departments of Secretariat.
Commissioner and Commissioner of Revenue Administration, Madras – 5.
Employment and Training, Chepauk, Madras – 5.
Sub: Public Services - Employment assistance on compassionate grounds to families of deceased Government servants clarifications- Issued.
Ref : G.O.Ms.No.73, Employment Services dated 26.10.83.
---
In G.O. .Ms .No 998 Labour and Employment dated 2.5.81 and Government letter No. 36907/N1/81-6 Labour and Employment dated 5.5.82, it was clarified that the concession of appointment on compassionate grounds is not admissible, when there is an earning member in the family even in cases where the earning member is married, living separately and/or not extending his full support to the family of the deceased Government Servant. The particulars of the members of the family are furnished by the appointing authorities to the Government in the administrative department of the Secretariat in column 15 of the proforma annexed to U.O. Note No.47660/N1/78- 2 Labour and Employment dated 9.10.78, after making temporary appointment of the dependant of the deceased Government servant to the post falling within the purview of the Tamil Nadu Public Service Commission (like Junior Assistant typist, Steno Typist) etc. and for regularsation of their Services in consultation with the Tamil Nadu Public Service Commission, under the latter part of Regulation 16 (b) of the Tamil Nadu Public Service Commission Regulations, 1954.
2. However, in the case of appointment of the dependant of the deceased Government servant to the posts falling outside the purview of the Tamil Nadu Public Service Commission, the appointing authorities furnish the report of appointment order to the Government in the administrative department of Secretariat, Head of Department and the Director of Employment and Training Madras for information along with the proforma I annexed to G.O.Ms.No.560 Labour and Employment dated 3.8.77. They do not furnish the particulars referred to in para 1 above.
3. The Government have therefore examined the case and direct that instead of furnishing particulars / proforma I annexed to G.O.Ms.No.560 Labour and Employment dated 3.8.77 the particulars shall be furnished as in the proforma annexed to this letter.
Yours faithfully, br/ghyRg;gpukzpad;
http://www.judis.nic.in For Commissioner and Secretary to Government 65 PROFORMA.I Public Services – Appointment made under G.O.Ms.225 Labour dated 15.2.1972 – appointment order – details -Submitted.
1. Name and designation of the deceased Government servant.
2. Office where he worked at the time of death.
3. Date of death.
4. i) Name of the dependant applying for job with date of birth.
ii) His/Her relationship to the deceased Government Servant
iii) Whether the family was in indigent circumstances.
iv) Qualification of the individual.
5. i) Post applied for by the dependent.
ii) Whether the individual is qualified for the post.
iii) If the individual is qualified, Nature of appointment given (temporary or permanent)
iv) Date of appointment.
v) Date of Joining duty.
6. Details of family members:
1) Serial Number
2) Name
3) Relationship
4) Age
5) Educational Qualification
6) Marital status
7) Employment details.
7. Remarks :
/true copy/ SECTION OFFICER GOVERNMENT OF TAMILNADU ABSTRACT Public Service - Tamil Nadu School Educational Subordinate Service Special Rules- issued.
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EDUCATION DEPARTMENT
G.O.Ms.No.753 Dated : 16.7.1985
Read:
1. From the Director of School Education, Letter No.107286/C29/8 dated 10.1.1981.
2. From the Tamil Nadu Public Service Commission, Letter No.3227/BA4/82 dated 7.2.1983.
http://www.judis.nic.in ORDER :
66Before the bifurcation of the Education Department, ‘C’ Group posts in the School Education, Collegiate Education and Technical Education Departments were included in the Tamil Nadu Educational Subordinate Service. Previously, all these Departments were under the control of one authority namely, the Director of public Instructions. Now each department is functioning as a separate Department with a separate Head of Department. Eventhough departments have been separated, rules have not been issued separately. It is proposed to issue new set of Special Rules for each Department. In accordance with the above decision, the Director of School Education has submitted draft special rules for the Tamil Nadu School Educational Subordinate Service, governing the group 'C' posts in the School Education Department. The above draft special rules have been examined by Government in consultation with the Tamil Nadu Public Service Commission. The Government decided to issue the following Special Rules for the Tamil Nadu School Educational Subordinate Service for 'C' group posts in the School Education Department.
Consequent on the proposal to issue new Special Rules for the Tamil Nadu School Education Subordinate Service, the Tamil Nadu Public Commission has suggested that necessary amendments to the Tamil Nadu Public Service Commission Regulations, 1954 and G.O.Ms.No.1577 Public Services, dated 16.7.62 may be Issued. The Government accept the suggestion of the Tamil Nadu Public Service Commission. Necessary amendments in this regard will be issued by the Personnel and Administrative Reforms (Per-M)Department.
The following notification will be published in the Tamil Nadu Government Gazette.
NOTIFICATION In exercise of the powers Conferred by the proviso to Article 309 of the Constitution of India, and of all other powers hereunto enabling and in supersession of the Special Rules for the Tamil Nadu Educational Subordinate Service in Section 6 in Volume III of the Tamil Nadu Services Manual, 1970 so far as they relate to the posts now coming under the School Education Department and included in the present rules, the Governor of Tamil Nadu hereby makes the following Special Rules for the Tamil Nadu School Educational Subordinate Service which will be included as Section 48 in Volume III of the Tamil Nadu Services Manual 1970.
SECTION 48-TAMIL NADU SCHOOL EDUCATIONAL SUBORDINATE SERVICE
1.Constitution : The service shall consist of the following classes and categories of officers, namely:-
http://www.judis.nic.in CLASS CATEGORY 67 I 1. Deputy Inspector of School and School Assistants
2. Junior Deputy Inspector of Schools.
II. 1. Pandits and Tamil III 1. Pandits and Mushis (other than Tamil) Grade I
2. Pandits and Mushis (other than Tamil) Including Arabic Munshis in Kanyakumari district and Shencottah taluk of Tirunelveli District Grade II. IV 1. Secondary Grade Teachers
2. Higher Elementary Grade Teachers.
V 1. Craft Instructors – Grade I and Grade II
2. Art Masters in Secondary and Training Schools
3. Art Masters in Basic Training Schools
4. Music Teachers.
VI 1. Regional Inspectors of Physical Education and Physical Directors.
2.Physical Education Teachers.
2. Definition: "School Assistants, Pandits in Tamil Pandits and Munshis (Other than Tamil) Grade I and II shall include the Posts of the same designation in the Model High Schools attached to the Government Colleges of Education under the Collegiate Education Department.
3. Appointment: (a) Appointment to the Several classes and categories of the service shall be made as follows:-
Class and Category Method of appointment
(1) (2)
Class I
1. Deputy Inspectors of Schools (i) Direct recruitment, or
and School Assistants (ii) Promotion from any post in the service on a
lower scale of pay; or
(iii) Recruitment by transfer from any post in the Tamil Nadu Collegiate Educational Subordinate service on a lower scale of pay;
or
(iv) Transfer - from any class or category in the service on an identical scale of pay; or
(v) If no qualified and suitable candidates are available for appointment by methods (ii) to (iv) above recruitment by transfer from any other service.
http://www.judis.nic.in Provided that 5 percent of the vacancies in the category shall be filled or reserved to be filled, 68 by direct recruitment.
2. Junior Deputy Inspectors (i) Promotion from any lower post in the of Schools. service; or
(ii) Recruitment by transfer from any post in the Tamil Nadu Collegiate Educational Subordinate Service on a lower scale of pay.
Class II (i) Direct recruitment; or
(ii) Transfer from post in the Service on an
identical scale of pay; or
(iii) Promotion from any post in the service on a lower scale of pay, or
(iv) Recruitment by transfer from any other service.
Provided that 33-1/3 per cent of the vacancies shall be filled or. reserved to be filled by direct; recruitment and 66-2/3 -per cent by other methods;
Class III (i) Direct recruitment or
(1) Pandits and Munshis (ii) Promotion from Grade II of this category.
(other than Tamil)
Grade I. (a) Transfer from any post in the service on an
identical scale of pay; or
(b) Promotion from any post in the service on a lower scale of pay; or
(c) Recruitment by transfer from any other service; Provided that 33-1/3 per cent of the vacancies shall be filled or reserved to be filled by direct recruitment and 66/2/3 per cent by other methods.
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2. Pandits and Munshis i) Direct recruitment or 69 (other than Tamil) Including Arabic Munshis (ii) Transfer from any post in the in Kanniyakumari Dist. service on an identical scale of pay; or and Shencottah Taluk of Tirunelveli Dist, iii) Promotion from any post in the service on a Grade-II. lower scale of pay or
iv) Recruitment by transfer from any other service.
Class IV All categories mentioned i) Direct recruitment; or under these classes in rule 1 (ii) Promotion from any post in the service on a lower scale of pay or
iii) Transfer from any post in the service on an identical scale of pay; or
iv) Recruitment by transfer from any other service.
Explanation: All vacancies that may arise in the category of Higher Elementary Grade Teachers on or after 1.9.79 due to retirement; etc. shall be filled in only by persons who possess qualifications prescribed for secondary grade teachers and these Higher Elementary Grade Posts shall be deemed to have been upgraded as secondary Grade posts.
Class V
1. Craft Instructors i) Promotion from Grade II of this category; Grade I
ii) If no qualified and suitable candidate is available for appointment by method (i) above
a) Direct recruitment or
b) Promotion from any post in the Service on a lower scale of pay ; or
c) Transfer from any post in the service on an identical sale of pay; or Craft Instructors B Grade http://www.judis.nic.in II. i) Direct recruitment; or 70
ii) Promotion from any post in the service on lower scale of pay; or
iii) Transfer from any post; in the service on an identical- scale of pay; or
iv) Recruitment by Transfer from any other service.
2. Art Masters in Secondary i) Direct recruitment; or and Training Schools. ii) Promotion from any post in the service on a lower scale of pay; or
3.Art Masters in Basic iii) Transfer from any post in the service on an Training School identical scale of pay; or
4. Music Teachers iv) Recruitment by trsansfer from any other service Class VI
1) Regional Inspector of Physical i) Promotion from among the Physical Education Education and Physical Directors. Teachers; or
ii)Transfer from any post in the service on an identical scale of pay; or
iii) Promotion from any post in the service on a lower scale of pay; or
iv) Recruitment by transfer from any other service;
v) If no qualified and suitable candidate is available for appointment I to (iv) above by direct recruitment;
2. Physical Education Teachers i) Direct recruitment; or
ii) Promotion from any post in the service on a lower scale of pay or http://www.judis.nic.in
iii) Transfer from any post in the service on an 71 identical scale of pay; or
iv) Recruitment by transfer from other service.
(b) Notwithstanding anything contain ad in clause.: (14) of rule 2 of the Tamil Nadu State, and Subordinate services Rules Members of the Service shall also be eligible to be recruited direct to any category in the service. appointments to which is made by direct recruitment.
(c) Promotion to the various posts in the service shall be made on grounds of –merit and ability seniority being considered only where merit and ability are approximately equal.
4. Mode of Promotion to the post of teaching staff:
All vacancies existing or that may arise on and from the 2nd November, 1978 in all categories of teaching staff which are to be filled up by promotion shall be filled or reserved to be filled from among the holders of the specified posts both in the A and B Wings of the School Education Department as per the combined Seniority lists of A and B Wings drawn up as on the 1st November 1978 in the ratio of 2:3 Explanation: for the purpose of preparation of combined seniority list of A and B Wings, the cycle of 5(2:3) in respect of all categories of teaching staff shall be followed as indicated below:
A Wing :1
B Wing :1
A Wing :1
B Wing :1
B Wing :1
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5
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5. Appointing authority: Appointments to the classes and categories specified in column (i) of Annexure I of these rules shall be made by the authorities specified in the corresponding entries in column (2) thereof.
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6. Reservation of appointments: The rule of reservation of appointment (General Rule 22) shall apply separately to selection for appointments to the Service by direct recruitment 72 within the Jurisdiction of each of the appointing authorities in each of the categories.
7.Appointment 'in institutions and establishments specially provided for women:
General Rule 21 shall apply to appointments to the service in institutions and establishments specially provided for women.
b) A vacancy in a grade or category in an institution or establishment specially provided for women shall be filled by the transfer of any women member of the same grade or category who may be employed, at the time of the vacancy in an institution or establishment not specially provided for women. When such transfer is not possible a women may be appointed by any method admissible under sub-rule (a) or rule 3, but she will not acquire by reason only of such appointment any right in the matter of seniority or full membership in each grade or category, or transfer to a vacancy in such grade or category in an institution or establishment not specially provided for women, or promotion to a higher grade or category.
Explanation: There is no bar to appoint women against the vacancies in the institutions not specially provided for women.
(c) A man appointed, under the proviso to General Rule 21, to a grade or category in a vacancy in an institution or establishment specially provided for women shall not by reason only of such appointment acquire any right in the matter of seniority or full membership in such grade or category or promotion to a higher grade or category and shall be replaced at the earliest opportunity by a qualified and suitable women.
8. Qualification: As to Age: No person shall be eligible for appointment by direct recruitment to category 1 of Class I if he or she has completed 28 years of age and to any other category if he or she has completed 35 years of age.
Provided that for direct recruitment to the categories specified in column (1) of the Table below, the age limit specified in column (2) thereof shall apply if the condition or conditions specified in column (3) of the said Table are satisfied.
TIME TABLE
Category Age Conditions
Category 35 years If the candidates posses the B.T. or B.Ed.,
I of Class I Degree of any University in the State.
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-do- 40 years If the candidates poses the B.T. or B.Ed., degree
73
of any University in the State and are teachers employed in Primary and middle schools including middle sections of high school under the control of local bodies or aided agencies provided they have served as teachers in recognized schools for a period of not less than five years.
Pandits in 40 years If he candidates posses the requisites Tamil in qualification and are employed Primary and Class II middle schools under the control of local bodies on aided agencies, provided they have served as teacher in r5ecognised schools for a period of not less than five years.
Explanation : (1) with effect on and from the 23rd September 1975, the period of service of five years shall be calculated upto the date of application or upto the end of previous academic year. The period of service may either be continuous or with breaks.
Provided further that for appointment to the post for which the Minimum General Educational Qualification as defined in Schedule I to the General Rules for the Tamil Nadu State and Subordinate Services or any lower qualification, has been prescribed the upper age limit in respect of candidates belonging to Scheduled cases and Scheduled Tribes Shall be increased by five years.
Explanation (2) The age limits specified above shall apply with reference to the 1st July of the year in which selection for appointment is made.
2. "Recognized School" or "Recognized Institution" means schools or institutions imparting education and recognized by the Government of Tamil Nadu under the Educational Rules of the State Government.
3. 'Academic Year' means the period between the date of reopening of the school after the last summer vacation to the date of closure of the school for the next summer vacation.
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9. Other qualifications:
a) No person shall be eligible for appointment to the posts specified in column (1) of Annexure-II of these rules by the method specified in column (2) against each, unless possesses the qualification specified in the corresponding entry in column(3) thereof.
Provided that a candidate possessing the degree of B.O.L. or B.O.L (Honours) if any University in the State shall be eligible for appointment to any post in the service for which such degree is prescribed; as a qualification unless he possesses,, in addition, the Minimum General Educational qualification as defined in Schedule I to The General Rules for the Tamil Nadu State and Subordinate Service.
Provided further that the degree of B.O.L. of the University of Madras in the first or second class in ports II or III awarded under the old or transitory regulations shall be deemed to be equivalent to the first or second class degree of B.O.L. (Honours) of the Madras University.
Provided also that a title of oriental Learning of the University of Madras obtained under the old regulations in two coordinate language shall face deemed to have been obtained with special reference to each of the two languages:
Provided also that the certificates mentioned below:
Wherever prescribed as qualification, shall mean the certificates issued under the authority of the State Government. Training Teachers Certificate of the Secondary Grade Senior Grade Basic Teachers Training Certificate Junior Grade Basic Teachers Training Certificate, Technical Teachers Certificate, b)No person who does not possess the B.T. or B.Ed. degree of any University in the State shall be, appointed by any method to Category 1 of Class I:
Provided that if no suitable candidate with B.T. or B. Ed., degree is available for appointment by direct recruitment to category 1 of Class I, candidate who does not possess the said qualification shall be selected for appointment. But selection he shall acquire the said qualification as Described filed in rule 10.
c) No person who has not studied Tamil in his degree course shall be eligible for appointment to the posts of School Assistants in the Tamil language group in category 1 of class I. http://www.judis.nic.in Provided that for purposes of appointment try promotion to the posts of School Assistants in category 1 of I against the vacancies in the Tamil Language group the departmental candidates who 75 have studies in Tamil Medium in SSLC, course and who are handling Tamil Medium Classes as Secondary Grade. Teachers Advance d Language test in Tamil within a period of their probation in the case of probationers and within a period of two years for others. Failure to pass the Advance language Test within that period shall entail extension of probation or stoppage of increment as the case may be.
d) No person who has not studied the respective language in his degree course shall be Eligible or appointment to the language groups (ie.) Telugu/ Urdu/ Malayalam etc., for which appointment is made in category 1 of Class I.
e) If, in the opinion of the appointing authority a candidate or candidates with an adequate knowledge of particulars language or languages other than Tamil is or are necessary for holding a specified post or posts in any Plans or Category. If may declare that such posts or posts specified in the declaration is or are reserved for candidates with such knowledge. When such a declaration has been made the required number of qualified candidates who to possess such Knowledge shall be selected in preference to those who not possess it any not with standing anything contained in the rules but without prejudice to the rule of reservation of appointment any such post shall be filled only by a member of the service or an approved candidate who possesses such knowledge.
10) Training: (a) a person who has been selected for appointment by direct recruitment to category of class shall after selection and before appointment successfully undergo the prescribed course of teachers training in training college and at the end of such training, obtain the B.T./B.Ed., degree of any University in the States while undergoing the aforesaid course before appointment, the candidate shall be paid the minimum of the time scale applicable to the post for which the person has been selected with the allowances admissible under the rules or orders in force.
b) Every person selected for appointment by direct recruitment to Category I of Class I shall, before commencing to undergo the courses prescribed in sub rule (a) execute an agreement in proper form with two sureties binding himself (1) to undergo successfully the course aforesaid in full and to obtain the degree mentioned in the said sub title at the end of the prescribed course teachers' training in a College of Education 2) to serve in the Education department for a period not less than five years and 3) to refund State Government the entire among drawn by him as stipend if he fails to fulfill either of the above conditions (1) and (2).
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11. Temporary appointment of direct recruits:- persons who have been selected for 76 appointment by direct recruitment to category of class I and who-do not possess the B.T. or B.Ed. degree of any University in the state or a degree of equivalent standard at the time of selection may be appointed temporarily under rule 10 (a) (i) of the General Rules Tamil Nadu State and Subordinate Services until they obtain the said degree. No such person shall on accounts of such temporary appointment be adversely affected, in the matter of seniority which should be determined on the basis of the order of preferences assigned by the Tamil Nadu Public Service Commission.
12. Probation : (a) Every person who has been appointed by direct recruitment or by recruitment by transfer to any category shall from the date on which he joins duty be on probation in such category for a total period of two years within a continuous period bf three years.
Provided that no fresh probation is necessary in respect of a person who has been appointed by direct recruitment or transfer, if he has already completed probation in any one of the categories of the service.
b) Probationer in any category in the service deputed to the N.C.C. irregular commissioned officer to the N.C.C. units shall be entitled to court towards his probation in the category concerned the period of duty performed by him in the N.C.C. Units to the extent he would have actually held the post in the category concerned but for such deputation.
13. Tests: (A)(1) Every person appointed by direct recruitment to the category specified in column (1) of the table below shall, within the prescribed period of probation, pass the tests prescribed in the corresponding entries in column(2) thereof.
THE TABLE
Category Test
(1) (2)
1) Category 1 of Class I (i) Deputy Inspectors Test and
(ii) Account Test for Subordinate
Officers, Part I
2) Category 2 of Class VI i) Account Test for Subordinate officers,
Part I
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Explanation: (1) Provided that the persons appointed as School Assistants to the combined category 77 of School Assistants and Deputy Inspector of Schools need not be required by pass the Account Test for subordinate Officers, Part I and Deputy Inspectors test for satisfactory completion of their probation.
Explanation (2): Such of the persons working in the combined cadres of Deputy Inspector of Schools, and School Assistants who have passed the Deputy Inspector's and Account Test for Subordinate Officer Part I alone shall be given posting as Deputy Inspectors of Schools.
(ii) if he fails to pass the test prescribed in clause (i) above but is otherwise considered suitable, shall not be deemed to have completed his probation satisfactorily and shall not be entitled to appointment as a full member of the service or be eligible for increments other than the first to fourth increments in the time scale of, pay applicable to him unless and until he has passed the said tests. Such ineligibility shall not have the effect of postponing his future increments after he has passed the said tests, If he still fails to pass fee said tests within the period aforesaid the appointing authority shall forthwith, by order, terminate his probation and discharge.
(iii) A person appointed to the Category 1 of Class I who possesses at the time of selection, a degree of a University which he has not studied Tamil shall, within a period of four year from the date of appointment to the post is the case may be pass the Advanced Language Test in Tamil conducted by the Tamil Nadu Public Service Commission, Madras, a pass in this test shall not necessary in the case of those who possess, at the time of selection, a degree of a University in the State in which language Course has been prescribed.
b) All persons belonging to B Wing who have not completed 45 years of age on the 2nd, November 1978 shall within a period of five years from the 2nd November 1978, pass all the tests prescribed for similar categories of persons in ‘A’ wing.
Those persons who have not passed the said tests, shall not be eligible to draw increments in the time scale of pay of the post until ho passes the said test but such in eligibility to draw increments shall not have the effect of postponing his future increments after he has passed the said tests.
Explanation (1) : A wing represents those initially appointed in Government service and also includes those appointed oh or after 1st April 1970 in the ‘B’ Wing schools (Erstwhile District Board High Schools) Explanation (2): ‘B’ Wing represents the staff who were appointed till 31.3.1970 in the erstwhile district Board High Schools, and absorbed as Government Servants and also placed in a separate wing in the respective service rules. http://www.judis.nic.in Explanation. (3): School Assistants shall be appointed as Deputy Inspector of Schools only if 78 they have passed the tests prescribed in sub rule (a) (i) above.
14.Seniority: A person who, during the period from 1936 to - 1946 (Both years inclusive) was recruited direct as Special Assistant, Grade II, or promoted otherwise than through the category of Deputy Inspectors of Schools (Junior Scale) or recruited by transfer, as School Assistant Headmaster / Headmistress/ Deputy Inspector of School (Senior Scale) or Sub Assistant inspectors Grade II, shall for purpose of promotion to grade I, to be treated as if he or she had been appointed as a Deputy Inspectors of Schools (Junior scale) on the date of his or her appointment to Grade II and her or she shall be prompted or deemed to have been promoted, I from such date as will be fixed by the Director of School Education.
15. Unit discharge reappointment and appointment as full member: For the purpose of discharge and reappointment and appointment full member every post of group of posts in any class or category for which qualification in a particular subject or language is prescribed shall be deemed to be a separate category.
16. Transfers and Postings: (a) Transfers and postings of the personnel in the following categories shall be made by the chief Educational Officers within their respective jurisdictions and also outside their respective jurisdictions if both the Chief Educational Officers naturally agree:
i) Deputy Inspectors of Schools and School Assistants in Class I.
ii) Pandits in Tamil in Class II and pundits and Munshis (Other than Tamil) Grade I and II in Class III.
iii) Regional Inspectors Physical Education and Physical Directors in Class VI.
b) All other transfers and postings excluding those which may be made by the appointing authorities within, their respective jurisdictions shall be made by the Joint Director of School Education the Deputy Director of School Education who deals within the subject relating to appointment of personnel.
17. Preparation of annual list of approved candidates: For the purpose of drawing up of the annual list of approved candidates for appointment to the post's in the service by recruitment by transfer/promotion the crucial date on which the candidates should be qualified shall be the 1st March of every year.
/BY ORDER OF GOVERNOR/ T.D SUNDAR RAJ, http://www.judis.nic.in Commissioner and Secretary to Government 79 / true copy/ ANNEXURE – 1 (Referred to in Rule 5) Class and Category Appointing Authority (1) (2) Class I Category 1 Joint Director of School Education or Deputy Inspector of Schools Deputy Director of School. Education who and School Assistants. deals with the subject relating to the Category 2 - Junior appointment of "Personnel" Deputy Inspectors of Schools.
Class II Pandits in Tamil -do-
Class III
1. Pandits and Munslhis Grade I -do-
(Other than Tamil)
2. Pandits and Munshis Grade-II Chief Educational Officers or
and Arabia. Munshis Grade II in Inspectresses of Girls Schools as
Kanyakumari District and the case may be.
Shencottah Taluk of
Tirunelveli District.
Class. IV
1. Secondary Grade Teachers. Chief Educational Officers or
Inspectresses of Girls Schools
as the case may be.
2. Higher Elementary District Educational Officer or
Grade Teachers. Inspectresses of Girls Schools
as the case may be.
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Class V
80
1. Craft instructors Chief Educational Officer or
Grade I and II. Inspectresses of Girls Schools as
the case may be
2. Art Masters in Secondary and Training
Schools
3. Art Masters in Basic Training
School; and
4. Music Teaches.
Class VI
1. Regional Inspector Junior Director of School Education or Deputy or
Physical Education Director of School Education who deals with the
and Physical Directors. subject "Personnel"
2. Physical Education, Chief Educational Officer or Inspectresses of Girls
Teachers. Schools as the case may be.
ANNEXURE -II-
(Referred to in rule 9)
Name of the Method of Qualifications.
Category appointment
1. 2. 3.
Deputy Inspectors Direct A degree of University in the of
Schools and Recruitment state or a degree of equivalent
School Assistants. standard with such subjects or
language taken under the
different parts as may be
considered necessary by the
Director of School Education.
Provided that a degree of the
Madras, Annamalai or Madurai
http://www.judis.nic.in Kamaraj University with Geology
as the Main subject shall be
81
considered as sufficient
qualification only if the
candidate possess the B.T. or
B.Ed. degree of a University in
the State.
Promotion (i) A degree of a University/ in
recruitment the state or a degree' of
by transfer and recruitment equivalent standard"
transfer. with such subjects or languages
taken by transfer under the
different parts . as may be
considered and transfer
necessary by the Director of
School Education.
Provided that a degree of the
Madras, Annamalai or Madurai
Kamaraj University with Geology
as the Main subject shall be
considered as sufficient
qualification only if the
candidate possesses the B.T. or
B.Ed. degree of a University in
the State.
Provided further that for purpose
of promotion, a degree of a
University in the state in any
subject shall be sufficient
instead; and
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(ii) Must have passed Deputy
Inspectors Test and Accounts Test
82
for subordinate Officers Part-I,
provided.
Provided that for purpose of
promotion to the Tamil
Language Group, persons who
have not studied Tamil in the
degree course must have passed
the /advanced language test in
Tamil.
Junior Deputy Promotion and (i) Minimum General Educational Inspector of
Recruitment qualification as defined in
Schools. by transfer schedule I to the General Rules
for the Tamil Nadu State and
Subordinate Service; end
(ii) Trained Teachers Certificate
of the Secondary or a Senior
Grade Basic Trained Teachers'
Certificate.
Pundits and Direct (i) A degree of a University in the
Munshis Recruitment State in the language in respect (other than
Transfer of which recruitment is those in Hindi)
Promotion and necessary.
Grade I including recruitment
Pundits in tamil by transfer.
Minimum general educational
qualification as defined in
schedule I to the General Rule
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for the Tamil Nadu State and
83
Subordinate Service, and title of
Oriental Learning conferred by
any University in the State in
the language in respect of which
recruitment is necessary.
Provided that for purposes of
appointments as Munshi in Urdu
persons possessing the Oriental
Title of Munshi I-Fazil of the
University of Madras awarded
prior to 1939 shall be eligible
besides persons possessing the
oriental Title of Adib-e-Fazil of
the said University:
Provided further that a person
who possesses a- minimum
general educational qualification
as defined in Schedule I to the
General Rules for the Tamil Nadu
State and Subordinate Service
and who his passed the pulavar
Panditham examination held by
the Madurai Tamil Sangam upto
April 1977 shall be eligible for
appointment to the post of
Pandits in Tamil; and
(ii) B.T. or B.Ed. degree of a
University in the State or a
Trained Teachers Certificate of
the Secondary Grade or a Senior
http://www.judis.nic.in Basic Grade Trained Teachers
Certificate of Teacher's
84
Certificate or successful
completion of the pandits
training course or Diploma in
Teaching awarded by any
University in the State.
Provided that pandits II Grade in
other languages expecting Hindi,
who do not possess the Minimum
general educational qualification
as defined in Schedule I to the
General Rules for the Tamil Nadu
State and Subordinate Service,
shall be considered for
appointment or or after the April
1974 as case may be if they have
completed ten years of
continuous service as pandits.
Grade II Direct recruitment (i) A title of Oriental Learning
transfer- promotion conferred by the Madras,
and recruitment by Annamalai or Madurai Kamaraj
transfer University in the Language in
respect of which recruitment is
necessary.
Provided that for purpose of
appointment as Munshis in Urdu
persons possessing the Oriental
Tittle of Munshi-I-Fa zil of the-
University of Madras awarded
prior to 1939 shall be eligible
besides persons possessing the
http://www.judis.nic.in Oriental Title of Adib-a-Fazhil of
the said University and
85
(ii) A trained Teachers
certificate of the
Secondary/Senior Basic Grade or
Successful completion of the
Pandits training course or
Diploma in Teaching awarded by
the Annamalai University.
Pandits in Hindi District recruitment (i) A degree in Hindi of a Grade I promotion transfer University in the State or and recruitment by a degree of equivalent transfer standard.
Provided that holders of the degree of B.A. of the Madras or Annamalai University shall be eligible only if they have taken Hindi under part III and
(ii) The B.T.degree or the B.Ed. degree of a University in the State.
(i) Minimum General Educational qualification as defined in schedule I to the General Rules for the Tamil Nadu State and Subordinate Services and http://www.judis.nic.in (ii) (a) The Pracharak Diploma or the Pracharak 86 Training certificate of the Dakshina Bharat Hindi Prachar Sabha, Madras, or persons possessing the Original Title of Munshis -1¾ Fazil of the University of Madras awarded prior to 1939 shall be eligible besides, persons possessing the Oriental Title of Adib-e-Fazil, of the said university and
(b) A trainee teachers certificate of the Secondary / Senior Basic Grade or successful completive of the Pandit Training courses or Diploma in Teaching awarded by the Annamalai University provided that Pandits in Hindi Grade who do not possess the minimum general educational qualification as defined in schedule I to the General rules for the Tamil Nadu state and Subordinate service shall be considered for appointment on or after http://www.judis.nic.in the 1st April 1976 if they have completed ten years 87 of continuous services as pandits.
Pandit Direct recruitment (i) The Panchayat
in Hindi transfer Diploma or the Pracharak Grade II
promotion Training Certificate
and recruitment of the Dakshina Bharat
by transfer Hindi Prachar Sabha,
Madras; and
(ii) A pass in the third
from Secondary school or
its equivalent.
Provided that If persons
satisfying the
qualifications specified
above are not available
for appointment as
pandits and Munshis in
Hindi Other persons may
be appointed subject to
such conditions as may be
prescribed by the State
Government.
Arabic Direct (i) Minimum general Munshis
recruitment transfer educational qualifications Grade II
promotion and as defined in schedule I
recruitment by to the General Rules for
transfer the Tamil Nadu State
and Subordinate Service
http://www.judis.nic.in
or Malayalam Higher or
88
Tamil Higher or
Vernacular Lower
Examinations of the
Travancore Cochin State;
and
Secondary Direct Recruitment (ii) Arabic Munshis Grade
Transfer promotion, Examination in Lower Teachers.
and recruitment Grade.
by transfer.
Minimum General
educational qualification
as defined in a Schedule I
to the General Rules for
the Tamil Nadu State
and Subordinate Service
and Training School
Leaving Certificate of
Secondary Grade or its
equivalent.
Higher Elementary School Elementary
- do - Leaving Certificate or its Grade
equivalent - and Training Teachers.
Teachers Certificate of
Elementary Grade or its
equivalent. Teachers
who have passed the
Nursery Montessory and
Kinder garden school
leaving certificate
examinations of
Secondary Grade shall
be employed to handle
http://www.judis.nic.in
standards I to II only.
89
Craft Promotion (i) Minimum general Instructor
Direct Recruitment educational qualification Grade I
transfer and as defined in Schedule I Wood work.
Recruitment to the General Rules for
by Transfer. the Tamil Nadu State and
Subordinate Service and
ii) Individual School
Certificate.
or
Certificate course in
Elementary wood working
(Old regulations) issued
by the College or Arts and
Crafts, Madras, Diploma
course in Wood Work
issued by the College of
Arts and Crafts (New
Regulations) Madras.
and
(iii) Technical Teachers’
Certificate
or
Crafts Instructors course
certificate of college of
Education, Saidapet
and
(iv) National Trade
Certificates in the Trade
of Carpentry One year
course (with one year
http://www.judis.nic.in
paid untrained) Teaching
90
experience or one year
(paid) work experience
on a Standard wood work
Factory or Institution;
and
v). National Apprentice
Certificate issued by the
National Council for
Training in Vocational
Trades (Wood work)
Craft Promotion (i) Minimum general Instructor
direct educational qualification Wood
recruitment as defined in Schedule I Work
transfer and to the General Rules for Grade II
recruitment by the Tamil Nadu State and
transfer. Subordinate Service;
and
(ii) Industrial School
Certificate
or
Certificate course in
Elementary working (old
regulations) issued by the
College of Arts and
Crafts, Madras;
or
Diploma Course in
Woodwork issued by the
College of Arts and Craft
Madras (New Regulations)
Madras.
and
http://www.judis.nic.in iii) Technical Teacher's
Certificate
91
or
Craft Instructor's course
certificate of College of
Education Saidapet;
and
(iv) National Grade
Certificate in the Trade
of Carpentary, one year
course (with)one year
paid (untrained) teaching
experience,
or
One year (paid) work
experience in Standard
wood work Factory or
Institution.
and
v) National Apprentice
Certificate issued by the
National Council for
Training in Vocational
Trades wood work.
Craft i) Minimum General Educational
Instructor qualification as defined in
Grade II Schedule I to the General Rules
in the following for following the Tamil Nadu
crafts weaving. State and Subordinate Service
and
ii) Artisan course or
http://www.judis.nic.in
Instructor's course
92
Certificate of the
Government Textile
Institute, Madras;
or
Government Technical
Examination Certificate
(Lower Grade)
or
Bunavee or Khadi
Pravisaka Course (one
year) of the All India
spinners
Association/Tiruppur;
or
Three years course
certificate in Handloom and
powerloom weaving issued by
the SMRV Technical Institute,
Nagercoil or National Trade
Certificate awarded by the
National Council for Training in
Vocational Trades, Government
of India the Directorate General
of Resettlement and
Employment in Hand Weaving
Trade;
Diploma in Handloom Technology
awarded by the Indian Institute
of Handloom, Technology/All
India Handloom Board, Salem;
and
(iii) Technical Teacher's
Certificate; or Craft Instructor's
http://www.judis.nic.in
course Certificate of College of
93
Education Saidapet.
Sewing: Promotion direct
recruitment transfer A certificate in Needle work and dress
and recruitment by making (Higher Grade) and Embroidary
transfer. (Higher grade) and Technical Teacher’s
Certificate or a Diploma in Costume
Designing and Dress makings issued by
the Board of Technical Education and
training, Madras or industrial School
Certificate and Technical Teachers
Certificate.
Rattan -do- Any course of training in Rattan work work
approved by the Director of School
Education.
Tailoring -do- A Certificate in Tailoring (Higher Grade)
with a Technical Teachers Certificate.
Agriculture -do- (i) Minimum General educational
qualification as defined in Schedule I to
the General Rules for the Tamil Nadu
State and Subordinate Service or its
equivalent;
and
Government Technical Examination
certificate(Lover Grade) and Technical
Teachers Certificate;
or
(ii) Minimum general educational
http://www.judis.nic.in
qualification as defined in schedule I to
94
the General Rules for the Tamil Nadu
State and Subordinate Service with
thirty five per cent in Agriculture
(Theory and Practical separately) under
the Diversified course; and Technical
Teachers certificate or
(iii) A certificate issued to candidates
who under went the two years
certificate course in Agricultural
science; Gandhigram or by the
Ramakrisnna Vidyalaya Perianaicken
palayam; and Technical Teachers
certificate;
Art Direct (i) a. Degree with Drawing and painting Masters
Recruitment under part III of a University in
in Secondary Promotion the State or its equivalent;
and Training transfer and
School. recruitment
by transfer or
Diploma in Painting or Diploma in
Drawing of the Annamalai University.
or
b. Minimum general educational
qualification as defined in schedule I to
the General rules for the Tamil Nadu
State and subordinate service; and
ii) A Diploma in Paintings or Commercial
Arts or Modelling of the Government
College of Arts and Crafts; or
Government Technical Examinations
http://www.judis.nic.in
(Higher Grade) in free hand outline and
95
model Drawing;
or
Government Diploma in Drawing a
Certificate issued by the Tamilnadu
Institute of Architecture and Sculpture
Mamallapuram; and
(iii) Technical Teachers Certificate.
Art Direct recruitment i) A pass in III Form of a Secondary School Masters
recruitment recognised by the Director of School in Basic
promotion, Education or a pass in the VIII Standard Training
transfer and Public Examination Conducted by School.
recruitment transfer by the Director of Government
by transfer. Examinations; and
ii) Group certificate in drawing and
painting and design higher grade; or
b. Art Masters Certificate in designing
and painting; or
c. A diploma in drawing one pointing of
the Government School of arts and
Crafts, Madras any other similar
certificate accepted equivalent there to
by the Director of School Education.
Provided that other things being actual
preference shall be given to a person
who, in addition possesses;
http://www.judis.nic.in
i) A general educational qualification
96
higher than that prescribed in (a) above
or
ii) the teachers Training Certificate or
the Technical Teachers Certificate
awarded, by the Education Department.
Music Direct i) Degree with Music under Part III;
Teachers recruitment, or
promotion, Minimum general educational
transfer and qualification as defined in Schedule I to
recruitment the General Rules for the Tamil Nadu
by transfer. state and subordinate service and
Sangeetha Bhushama of Annamalai
University or Sangeetha vidwan title in
Music awarded by the Director of
Government Examinations, Madras.
or
Sangeetha siromani of the Madras
University
or
Diploma in Music of the Madras
University or Madurai University.
and
Technical Teachers Certificate:
or
ii) Minimum general educational qualification as defined in schedule I to the General Rules for the Tamil Nadu state and Subordinate service; and Government Technical Examination Certificate (Higher Grade) in Music and http://www.judis.nic.in Technical Teachers' certificate 97
iii) Minimum general educational qualification as defined in schedule to the General rules for the Tamil Nadu State and subordinate service with forty percent in music (theory and Practical) separately under the diversified course;
and Technical Teacher’s Certificate or Diploma in Music Teaching awarded by the Director of Government Examinations;
iv. Teachers certificate in Indian Music issued by the Director of Government Examination.
Regional Direct A degree in Physical Education of any University
Inspectors' recruitment in the State or a degree, of equivalent
Physical standard.
Education
and Physical
Directors.
-do- Promotion i) A degree in Physical Education of a
transfer University in the State or a degree of equivalent
and standard; and
recruitment ii) Must ha ye passed Account Test for by transfer Subordinate Officers, Part I Physical Direct i. A pass in first year B.A. or its equivalent Education recruitment degree;
http://www.judis.nic.in
Teachers. promotion or
98
transfer ii. Intermediate;
and
recruitment or
by transfer
iii. Teachers School Leaving Certificate;
or
Secondary Grade or
iv. Senior Basic Grade and Government Teachers Certificate of Higher Grade in Physical Education.
Y.Duraisamy, Section Officer.
/true copy/
FOR DIRECTOR OF SCHOOL EDUCATION
GOVERNMENT OF TAMIL NADU
From Employment Services Department,
Thiru. T.P. Nagarajan, I.A.S., Letter No.4719/B1/85-3,
Commissioner and Secretary to Dated: 9.8.1985,
Government, Fort St. George,
Madras 600 009.
To
All District Collectors,
All Heads of Departments,
All Departments of Secretariat,
All Director of Employment and Training, Madras – 5. The Special Commissioner and Commissioner for Revenue http://www.judis.nic.in Administration, Madras – 5.
99Sir, Sub : Public Services – Employment assistance to families of deceased Government servants on compassionate Grounds – Clarifications.
Ref : i. G.O.Ms.No.73 Employment Services dated 26.10.83 ii. From the Director of Collegiate Education Letter No.116863/E17/8452/ dated 10.1.85.
In G.O. Ms. No. 1179 personnel and Administrative Reforms dated 17.10.79, orders have been issued that in case the dependant of a deceased Government servant could not be provided employment in the office where the deceased Government servant worked, the name of such dependant of the deceased Government servant fully qualified and eligible for employment assistance under G.O. Ms. No. 560 labour and employment, dated 3rd August 1977 should be furnished to the collector of the district concerned who will maintain such a list and sponsor them to other departments whenever suitable vacancy arises.
2. In the Letter second cited, the Director of collegiate education has raised a presumption whether the appointing authorities of such other department should verify the facts i.e. age, educational qualification, etc before making appointment dependant of deceased Government servant from the District Collector with reference to the GO. referred to in para 1 above.
3. The Government have examined the above point and direct that, while sponsoring a candidate for compassionate grounds, the collector should furnish all the details of the candidate to the appointing authority of the department concerned to facilitate him to take further action as mentioned below.
i) The age limit of 30 /40 years has been prescribed in respect of the son, unmarried daughter / widow on the date of death of Government servant, the appointing authorities should take action for relaxation of age rule proscribed for the posts is the eligible candidate for appointment on compassionate grounds do not satisfy the age rule prescribed.
ii) If the posts fall within the purview of the Tamil Nadu Public Service Commission the appointing authorities have to send proposals to the Government for issue or orders to regularize the services of the individuals in consultation with the Tamil Nadu Public Service Commission.
Yours faithfully http://www.judis.nic.in For Commissioner and Secretary to Govt.
100
GOVERNMENT OF TAMIL NADU
EMPLOYMENT SERVICES DEPARTMENT
Letter Ms.No.114 Dated 28.12.1983
From
Thriu. Keshav N.Desiraju,
Deputy Secretary to Government
Fort St. George,
Madras – 60 0009.
To
All Heads of Departments,
All Dist. Collectors,
All Secretary’s to Government
All Departments of Secretariat,
All Director of Employment and Training, Madras – 5.
The Secretary TNPSC, Madras – 2.
Sir, Sub : Public Service Employment assistance to dependants of deceased Government servants on compassionate grounds – Further Instructions Issued.
Ref : i) G.O.Ms.No.225 Lab. dt. 15.2.72
ii) G.O Ms. No. 560 L&E dt. 3.8.77
iii) G.O. Ms. No. 2521 L.&E. dt. 7.11.81.
-----
In the G.O. first and Second cited, orders have been issued that the dependants of the Government servants who die in harness leaving their families in indigent circumstances are eligible for appointment on compassionate grounds to the posts falling outside/within the purview of the TNPSC, http://www.judis.nic.in without reference to the Employment Exchange, subject to the condition that they are fully qualified. The dependants are also eligible for appointment in other Departments, if his/her 101 qualification do not permit appointment in the Department is where the deceased Government servant served at the time of his/her death, provided that the Head of the other Department also gives its concurrence.
2. In the G.O. third cited it was further clarified that appointments on compassionate grounds can also be made by ousting a temporary candidate sponsored by Employment Exchange/Collector, provided that the said temporary candidate has not put in a service of more than a year in that office.
3. It has come to the notice of Government that in a case, relating to the appointment of a person on compassionate grounds, the appointing authority does not regularise his services, for a period of 3 years and that subsequently his services were terminated on the allotment of Service commission candidates to the Unit. On an appeal, the person who was ousted from service had to be reappointed after an interval of 3 years as fresh hand and his services had to be regularised by relaxation of relevant rules. Such action by the appointing authorities defeats the very purpose of giving immediate relief to the family of the deceased Government servant.
4. The Government now direct that all the Heads of Departments and departments of Secretariat should take immediate action for regularisation of services of person appointed on compassionate grounds to the posts falling outside the purview of the TNPSC. If the post falls within the purview of the TNPSC, they may appoint the fully qualified persons temporarily and send necessary proposals immediately after their appointments to tho Government in the administrative departments of Secretariat for their regular appointment.
GOVERNMENT OF TAML NADU EMPLOYMENT SERVICES DEPARTMENT Letter No. 12526/B.1/86-2 Dated 14.10.86 Fort St. George, Madras -600 009.
From Thiru V. Sankarasubbaiyan, IAS., Commissioner of Secretary to Government.
To The Director of Fisheries, Madras - 600 006.
Sir, Sub: Public Services - Employment Assistance to dependents of deceased Government - Servants on compassionate grounds.
Ref : Your Ref.No.56314/M3/86 dt. 11.7.86 http://www.judis.nic.in ---
The Director of Fisheries in the reference cited has requested following clarifications.
102(i) Whether the persons who have been appointed on compassionate grounds can be dismissed/ousted from service based on the prosecution without obtaining the approval of the Government.
(ii) Whether the dependants appointed on compassionate grounds can be ousted without obtaining the approval of the Government, if there is no vacancy.
(iii) Whether a person who is a direct recruit and has completed over one year of service and senior to he dependant of deceased Government Servant can be ousted without obtaining orders of the Government in order to accommodate the dependant and whether one individual who has been promoted to higher post can be reverted to lower post or terminated to accommodate the dependant of deceased Government Servant
2. The Government have examined the above points and direct as follows:-
(i) The dependant of a Government Servant who has been prosecuted can be ousted/terminated without obtaining of the Government as per the rules.
(ii) If there is no vacancy, the dependants can be considered for appointment in other departments as per para 8 of G.O.Ms.No.560, Labour and Employment dated 3.8.77 and G.O.Ms.No.560 Labour and Employment dated 7.11.81. Even if this is not possible the names of such dependants may be sent to the District Collectors concerned, for sponsoring their names in other departments as per G.O.Ms.No.1179 Personnel Administrative Reforms, dated 17.10.1979.
iii) A direct recruit who is senior and has put in more than a year of service need not be disturbed nor reverted/ousted to accommodate the dependant.
Yours faithfully for Commissioner & Secretary to Government Copy to:
Director of Employment and Training, Madras-5.
Personnel Administrative Reforms Department, Madras-600 00 All Departments of Secretariat, Madras 600 006.
Secretary, Tamil Nadu Public Service Commission.
http://www.judis.nic.in Madras - 600 002.
GOVERNMENT OF TAMIL NADU 103 ABSTRACT Public Services – Employment assistance to dependants of deceased Government Servants on compassionate grounds - certain clarifications – Issued.
----------------------------------------------------------------------------------------------------------------------------
EMPLOYMENT SERVICES DEPARTMENT
G.O.MS.No.8 Dated: 7th January, 1987
Read again : -
i) G.O.Ms.No.73 Employment Services dated 26.10.1903.
Read also : -
D.O. Lr. No.116784/K1/85-6, P&AR (Per-K) dated 3.5.1986
---
ORDER:
The Tamil Nadu Civil Services Joint Council in its meeting held on 15.4.86, decided among others that the application for appointment on compassionate grounds should be sent by the spouse of the deceased Government Secant. Appointment will be given to the wife of the deceased or only to the person nominated by the wife of the deceased.
2. The Government have examined the said decision and accept the recommendation of the Tamil Nadu Civil Services Joint Council and direct that the application for appointment on Compassionate grounds should be sent by the spouse of the deceased Government Servant.
Appointment on compassionate grounds will be given to the wife of the deceased Government Servant or only to the person nominated by the wife of the deceased Government Servant who are eligible for appointment on compassionate grounds as per para 2 of G.O.Ms.No.73, Employment Services, dated 26.10.1983.
(By Order of the Governor) T.C. CHANNAN http://www.judis.nic.in COMMISSIONER AND SECRETARY TO GOVERNMENT 104 To.
The Personnel and Administrative Reforms (Per-K) Department, Madras – 9, (5 copies) All Heads of Departments, All District Collectors, All Departments of Secretariat, The Secretary, Tamil Nadu Public Service Commission, Ms-2. The Director of Employment and Training, Ms-5 The Special Commissioner for Revenue Administration, Madras-5.
FORWARDED / BY ORDER SECTION OFFICER.
GOVERNMENT OF TAMIL NADU
From Letter No. 4480/B1/87-3,
Thiru.T.R.Srinivasan, I.A.S., Employment Services Dept.
Commissioner & Secretary to Government Fort St. George,
Madras – 9.
Date : 11-2-88
To
All Heads of Departments,
All Dist. Collectors,
All Secretary’s to Government
All Departments of Secretariat,
All Director of Employment and Training, Madras – 5. The Secretary TNPSC, Madras – 2.
Sub : Public Services Employment assistance to dependants of deceased Government Servants on compassionate Grounds - Procedure of recruitment – Certain clarifications issued.
Ref: From the Director General of prisons, Madras, letter No. 11573/E2/87, dated 6.3.87.
In G.O.Ms.No.8, Employment Services Department, dated 7.1.87 Government have ordered that the appointment on Compassionate Grounds will be given to the wife of the deceased Government servant or only to the persons nominated by the wife of the deceased Government servant who are eligible for appointment on compassionate grounds as per para 2 of G.O.Ms.No.73, Employment http://www.judis.nic.in Services, dated 26.10.83. The Director General of Prisons has in this connection, requested clarification regarding the implication of the above orders in the following cases.
105i) in case the wife of the Government servant is no more at the time of death of the Government Servant;
ii) if the deceased Government servant is a women and
iii) If the husband is no more at the time of death of the women Government Servant.
2. The Government have examined the above points and the following clarifications are issued in this regard:-
Items (i) & (iii) : In case the wife of the Government servant is no more at the time of death of Government servant or if the husband is no more at the time of death of women government servant, the senior most eligible or a qualified person in the family of the deceased be selected by the appointing authority for appointment on compassionate grounds after getting the consent letters from the other members of the family.
Item No (ii) : If the deceased Government Servant is a woman and the husband is surviving most of the husbands generally earning members, and the famiily will not be in indigent circumstances. Hence, the members of those families are not eligible for appointment on compassionate grounds. If however, few cases of such a nature arise, such cases can be examined individually on merits and the concession grant to the family of the deceased male Government Servants may be considered the really deserving cases.
Yous faithfully, br/ghyRg;gpukzpad;
For Commissioner & Secretary Copy to :
All Departments of Secretariat The Personnel & Administrative Reforms (Per.D) Department, Madras The Home Department, Madras - 9.
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bjhHpyhsh; kw;Wk; ntiytha;g;g[ (f;a{1) Jiw muR Miz (epiy) vz;/40 ehs;: 05/1/1990 ghh;it:?1/ murhiz vz;/ 560 bjhHpyhsh; kw;Wk; ntiytha;g;g[. ehs;/3/8/77/ 2/ murhiz vz;/ 998. bjhHpyhsh; kw;Wk; ntiytha;g;g[. ehs;/2/5/81/ 3/ muR foj vz;/ 36907-vz;1-81?6. bjhHpyhsh; kw;Wk; ntiytha;g;g[. ehs;/5/5/82/ ***** Miz:
nkny ghh;it 2 kw;Wk; 3y; Fwpg;gpl;Ls;s muR Mizfspd;go ,we;j muR CHpahpd; FLk;gj;jpy; vtnuDk; gzpapypUe;jhy;. mth; ,we;j muR CHpahpd; FLk;gj;ij tpl;L tpyfp. mf;FLk;gj;jpw;F vt;tpj cjtpa[k; ey;fhkpUe;jhYk;. kw;w thhpRfSf;Ff; fUiz mog;gilapy; ntiy tha;g;g[ mspf;f ,ayhJ/ 2/ ,e;j muR Mizfspdhy; kpft[k; twpa epiyapy; cs;s ,we;j muR CHpauJ FLk;g';fSf;F Vw;gLk; ,d;dy;fs; Fwpj;J murhy; kPz;Lk; Ma;t[ bra;ag;gl;L gpd;tUk; http://www.judis.nic.in Mizfis muR gpwg;gpf;fpwJ:?108
(1) FLk;gj;jpy; bghUspl;Lk; egh; vtnuDk; ,Ug;gpd; FLk;gk; ey;y epiyapy; ,Ug;gjhff;
fUjyhk;/ nkYk; ,we;j muR CHpahpd; FLk;gj;jpy; kj;jpa khepy muR mYtyf';fs;. kj;jpa khepy muR bghJj;Jiw epWtd';fs;. cs;shl;rp kd;w';fs; (khefuhl;rp kd;w';fs;. khefuhl;rpfs;. Cuhl;rp xd;wpa';fs;. Cuhl;rpfs;) Tl;Lwt[r;r';fk; nghd;w muR rhh;g[ epWtd';fspy; epue;ju kw;Wk; Kiwahd gzpaplj;jpy; gzpg[hpgth;fs; kw;Wk; jdpahh; epWtd';fspd; epue;ju kw;Wk; Kiwahd gzpaplj;jpy; gzpg[hpgth;fis kl;Lk; tUtha; <l;Lk; egh;fshff; fUjyhk; vdt[k.; nkw;TwpathW gzpg[hpgth;fs; vtnuDk; ,we;j muR CHpah; FLk;gj;jpy; ,Ug;gpd; kw;Wk; thhpRfSf;Ff; fUiz mog;gilapy; ntiytha;g;g[ tH';fj; njitapy;iy/ (2) ,jidg; nghd;nw kjpa czt[ mikg;ghsh; kw;Wk; cjtpahsh; (Noon Meal Organiser and Helper) kw;Wk; ,J nghd;w gzpapl';fspy;. Typ ntiy bra;gth;fSk; FLk;gj;jpy; ,Uf;fyhk;/ ,e;j tUkhdk; epue;jukw;wjhft[k; brhw;gkhdjhft[k; ,Uf;Fk;/ ,e;epiyapy; cs;s FLk;gj;jpy; xUtUf;F fUiz mog;gilapy; ntiy tha;g;g[ tH';fyhk; vd;Wk; nkny Fwpg;gpl;lthW brhw;g tUkhdk; kw;Wk; epue;jukw;w gzpapypUg;gth;fspd; gzp tud;Kiw bra;ag;gl;lhy; mth;fSk; gzpapy; ,Ug;gth;fshfnt fUjg;gl;L fUiz mog;gilapy; ntiytha;g;g[ tH';Fjy; TlhJ/ (MSehpd; Mizg;go) K/bt';flhryk;.
muR brayhsh;/ jkpH;ehL muR bjhHpyhsh; kw;Wk; ntiytha;g;g[ Jiw foj vz;/ (thyhak;) 417 ehs;/26-04-1989 mDg;g[eh;
jpU/rp/<!;tuK:h;j;jp. gp/fhk;/.
muR Jizr; brayhsh;/ bgWeh;
khtl;l Ml;rpj; jiyth;.
ehfh;nfhtpy;.
fd;dpahFkhp khtl;lk;/ Iah.
bghUs;: bghJg;gzpfs; ? ,we;j fpuhkg;gzpahsh;fspd; FLk;g';fSf;Ff; fUiz mog;gilapy; ntiy tha;g;g[ nfl;ly;?tpsf;fk;?bjhlh;ghf/ http://www.judis.nic.in ghh;it j';fsJ 27/12/88k; ehspl;l e/f/m1-68363-88/ 109 fpuhk CHpah;fs; kw;Wk; fpuhkg; gzpahsh;fs; KGneu muR CHpah;fshf Vw;fg;gltpy;iy/ vdnt KGneu muR CHpah;fs; my;yhj muR CHpah;fs; gzpapypUf;Fk;nghJ kuzkile;jhy; mth;fspd; thhpR jhuh;fSf;Ff; fUiz mog;gilapy; epakdk; bra;ayhkh vd;W ghh;itapy; fz;Ls;s fojj;jpy; bjspt[iu nfl;fg;gl;Ls;sJ/ 2/ murhiz epiy vz;/560 bjhHpyhsh; kw;Wk; ntiytha;g;g[j; Jiw ehs;/3/8/77d;go muRg; gzpapy; ,Uf;Fk;nghJ kuzkile;j muR CHpah;fspd; thhpRjhuh;fSf;F kl;Lnk fUiz mog;gilapy; ntiy tha;g;g[ mspf;f ,aYk;/ fpuhkg; gzpahsuhf murhy; Vw;fg;gltpy;iyahjyhy; ,we;Jtpl;l muR gzpahsh;fspd; thhpRjhuh;fSf;Ff; fUiz mog;gilapy; ntiytha;g;g[ mspf;Fk; jpl;lj;jpy; ntiy mspf;f ,ayhJ vdj; bjhptpf;fg; gzpf;fg;gl;Ls;nsd;/ j';fs; cz;ika[s;s muR Jizr; brayhsUf;fhf/ GOVERNMENT OF TAMIL NADU ABSTRACT Public Services - Employment assistance to dependants of deceased Government Servants on Compassionate Grounds - certain instructions – Issued
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EMPLOYMENT SERVICES DEPARTMENT
G.O.Ms.No.29 Dated : 7-3-88.
Read again:
G.O.Ms.73 Employment Services dated 25.10.83.
Read also:
From the Government of India, Letter No.14014/6/86, Estt(D) dated.30-6-07. ORDER:
While issuing consolidated instructions laying down the principles to be following in making appointments on compassionate grounds, the Government of India in their letter read above interalia have stipulated and the applicant for appointment on compassionate grounds should Furnish a declaration voucher stating that the particulars mentioned in the application are true. http://www.judis.nic.in
2. The Government have examined the above instructions issued by the Government of India 110 and they accordingly direct that the applicants for appointment on compassionate grounds should also send a declaration at the end of the application countersigned by the appointing authority.
(BY ORDER OF THE GOVERNOR) A.P. MUTHUSAMY Commissioner and Secretary to Government To Personnel & Administrative Reforms Department, Madras – 9. All Heads of Departments.
All District Collectors.
All Departments of Secretariat, All Secretary, Tamil Nadu Public Services Commission, Madras-2. The Director of Employment and Training, Madras-5. The Special Commissioner for Revenue Administration, Madras-5.
/Forwarded by order/ Section Officer.
ANNEXURE I hereby declare that the facts given by me above, are to the best of my knowledge correct. If any of the facts herein mentioned is found to be incorrect or false at a future date, my services may be terminated.
Date : ----------------------- Signature of the Candidate.
Thiru. ………………………………………….. is known to me and the facts mentioned by him are correct.
Date : -------------- Signature of the Permanent Government Servant.
Name:
http://www.judis.nic.in Address:111
I have, verified that the facts mentioned by the candidate above, are correct.
Date: Signature of the Head of Office
Name :
Address :
/True Copy/
SECTION OFFICER.
GOVERNMENT OF TAMIL NADU
ABSTRACT
Public Services — Employment assistance families of deceased Government servant — Anointment of legally adopted sons/daughter-Clarification - Issued.
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LABOUR & EMPLOYMENT DEPARTMENT.
G.O.Ms.No.2899 Dated: 23-12-88.
Read:
1) G.O.Ms.No.560 Labour & Employment dated.-3-8-77.
2) Government letter No.15672/N1/78-2,Labour & Employment, dated.4-5-78.
3) G.O.Ms.No.73, Employment Services Department, dated.26-10-83.
ORDER:
According the orders governing the scheme of providing employment assistance to a dependant of a Government servant who dies in harness leaving his family in indigent circumstances, a legally adopted son and legally adopted unmarried daughter of the deceased Government servant is also eligible for appointment on compassionate grounds subject to all other conditions being satisfied. Instances of cases where adoption has taken place after the death of Government servant have been brought to the notice of Government and orders of Government for providing employment to such adopted sons have been sough for.
2. Employment assistance on compassionate grounds is provided with a view to give immediate relief to the family of deceased Government servant after taking into account the http://www.judis.nic.in indigent circumstances of the family prevailing at the time of death of the Government servant.112
Though the adoption made and registered by the widow after the death of the Government servant may be valid in law, adopted, member was not a member of the family of the deceased Government servant at the time of the death of Government Servant. If employment assistance is provided to a person adopted after the death of the Government servant it would only encourage to circumvent the orders governing the scheme and derive unintended benefits under the above scheme. It is therefore, clarified that the legally adopted son/unmarried adopted daughter of the deceased Government servant is eligible for compassionate appointment only is the adoption was made and registered by the deceased Government servant during the time of the Government servant and also subject to other conditions prescribed by the Government for such compassionote appointment for being fully satisfied.
(BY ORDER OF THE GOVERNOR) J.T.ACHARYALU.
COMMISSIONER AND SECRETARY TO GOVERNMENT.
GOVERNMENT OF TAMIL NADU
LABOUR AND EMPLOYMENT
Letter No (Ms) No.2603 Dated : 25.11.88
From
Thiru J.T.Acharyulu,I.A.S.,
Commissioner and Secretary to Govt.
To
All Heads of Departments.
All Departments of Secretariat.
All Public Sector Undertakings.
All Collectors.
The Tamil Nadu Public Service Commission.
Madras – 2.
The Director of Employment and Training,
Madras – 5.
Sir,
Sub :- Public Services - Employment assistance to the dependants of deceased Government servants - clarification issued.
Ref:- 1. Govt. Lr. No. 2563/N1/82-2, L&E dt. 11.3.82.
2. Govt. Lr. No. 46571 / N1 / 82-5, I&E, dt. 24.11.82.
http://www.judis.nic.in In the Government letter first cited it was ordered that the age limit for the widows of the 113 Government servants who die in harness shall be 40 years on date of death of the Government servant for the purpose of employment assistance under compassionate grounds. However, in the letter second cited it has been clarified that the upper age limit of 40 years shall not apply to the widowers for the purpose of appointment on compassionate grounds and limit of 30 years only.
2. The issue has been re-examined. There are no special reasons for following different upper age limit for widows and widowers in the matter of compassionate appointments. The Government have therefore considered the question of increasing the upper age limit prescribed for the widowers in regard to compassionate appointment to 40.
3. The Government therefore direct that the upper age limits of 40 years allowed to the widows of the Government servants be extended to the widowers also in regard to compassionate appointments.
Yours faithfully, Sd/- Balasubramanian.
// true Copy // Section Officer GOVERNMENT OF TAMIL NADU ABSTRACT Public Services - Posts outside the purview of Tamil Nadu Public Service Commission - recruitment on compassionate grounds - Procedure of recruitment through Employment Exchange- Relaxation - Proposal to amend General Rule 10-A for Tamil Nadu State Subordinate Service - Orders - Issued.
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LABOUR & EMPLOYMENT DEPARTMENT G.O.Ms.No.2676, Dated: 6.12.88 Read
1) G.O.Ms.No.225, Labour., dt.15.2.72.
2) Government Memo No.25660/N2/74-3, Labour and Employment, dated 20-9-74.
3) G.O.Ms.No.1025 Labour & Employment dated 22.11.76.
4) G. O.Ms.No. 560 Labour & Employment dated. 3.8.77.
5) G.O.Ms.No.605, Personnel & Administrative Reforms http://www.judis.nic.in (Per.p) dated 3.6.80 114 ORDER:
The Government issued orders in their Memo second read above that the general procedure of recruitment through Employment Exchange to all posts which fall outside the purview of Tamil Nadu Public Service Commission be relaxed in favour of the dependants of Government Servants who die in harness and the dependants of the Government Servants who retired from service on medical invalidation before attaining 50 years of age. The power to waive the normal procedure of recruitment through the Employment Exchange has also been vested with all the appointment authorities. In G.O.Ms.No.359, Personnel & Administrative Reforms dated 29.3.78, necessary amendment to the special Rules for the Tamil Nadu Last Grade service was already issued to the effect that the procedure of recruiting candidates through Employment Exchange shall not apply in the case of appointment of dependants of Government Servants who die in harness leaving his family in indigent circumstances.
2. As per rule 10-A of the General Rules for the Tamil Nadu State and Subordinate Services, where the posts are outside the purview of the Tamil Nadu Public Service Commission, recruitment shall be made only by calling for names of eligible candidates from the Employment Exchange.
Hence, in respect of all appointments made to posts outside the purview of the Tamil Nadu Public Service Commission without consulting the Employment Exchange the said General Rule 10-A has to be relaxed for the regular appointment of the persons. As the General Rule 10-A came into effect from Government 3.6.80 in the Government Order fifth read above, all appointments to the posts outside the purview of the Tamil Nadu Public Service Commission on compassionate grounds made by the appointing authorities without recourse to the Employment Exchanges after 3.6.80 based on the delegation of powers in Government Letter No.23660/N2/74-3 Labour & Employment dated 20.9.74 will be irregular and hence they have to be ratified by the Government. Therefore the question of amending General Rule 10-A of the Tamil Nadu State and Subordinate Services so as to amendments already issued to the posts borne on the Tamil Nadu Basic Service has been under consideration, of the Government for a long time.
3) After careful consideration, the Government have decided to amend General Rule 10-A of the Tamil Nadu State Subordinate Services Rules with effect from 3.6.80 with a view to to make necessary provision that the said rule shall not apply in the case of appointments of dependents of Government servant who die in harness and the Government Servents who retire from Service on medical invalidation before attaining the age of 50 years.
4) The Personnel and Administrative Reforms Department requested to issue necessary amendments to General Rule 10-A of the Tamil Nadu State and Subordinate Services Rules. http://www.judis.nic.in
5) This order issues with the concurrence of Personnel Administrative Reforms (Per.S) 115 Department vide its G.O.Note.No.116456/88-1, dated 1.12.88.
(BY ORDER OF THE GOVERNOR) J.T.ACHARYALU, COMMISSIONER & SECRETARY TO GOVT.
To The Director of Employment and Training, Madras-5. The Secretary, Tamil Nadu Public Service Commission, Madras-2. All Departments of Secretariat.
All Heads of Departments including Collectors, District Judges, District Magistrates (Judicials). The Registrar, High Court, Madras-1.
The Accountant General, Madras-18.
The Accountant General – II, Madras-35.
The Personnel & Administrative Reforms (Per.S) Department, Madras-9 for issue of amendment to Volume I of Tamil Nadu State and Subordinate Service Manual, 1977.
Copy to:
Personnel & Administrative Reforms (All Sections), Madras-9.
Public (Special) Department, Madras-9.
All Sections in Labour & Employment Department, Madras-9. sf/sc.
/forwarded by order/ Section Officer.
GOVERNMENT OF TAMIL NADU ABSTRACT Employment Assistance - Employment Assistance to the dependents of deceased Government Servants – Appointments certain posts in teaching line with reference to their qualification-Orders – Issued.
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LABOUR & EMPLOYMENT DEPARTMENT G.O.Ms.No.719 Dated : 19-4-89.
http://www.judis.nic.in Read again:116
1) G.O.Ms.No.225, Labour., dt. 15.2.72.
2) G.O. Ms.No.560 Labnour Employment dated 5.7.77.
3) G.O.Ms.No.1119 Labour & Employment dated 20.5.81 ORDER:
In the G.O. first read above, the Government have permitted the recruitment of son, unmarried daughter and near relative of the Government servant who died in harness without reference to the Employment Exchange to all posts which fall outside the purview of TNPSC subject to certain conditions.
2. In the G.O. second read above, the above concession was extended to families of deceased Government Servants who died in harness prior to 15-2-72 and the concession was made applicable for the posts within the purview of Tamil Nadu Public Service Commission also. It was also ordered therein that the dependant of the deceased Government servants can be appointed in any post if the qualifications of the applicant do not permit his/her appointment to a post in the same department in which his parent or husband or wife served or if he/she possesses better qualifications for appointment in the outside Department, provided the Heads of Department also gives his concurrence. The dependant should however apply for appointment only to the office in which the Government servant was in service at the time of his death, so that office can verify the facts in the petition like date of death, the indigent circumstances of the family etc.
3. In the G.O. third read above the concession was further extended to appoint the dependants of deceased Government Servants possessing technical/professional qualifications without referring to Employment Exchange/Tamil Nadu Public Service Commission to the initial starting category of posts for which hid qualifications are the minimum prescribed either in the department where the parent worked at of his/her death or in any other Department in which posts exist.
4. The Government have been examining the question of extending the concession granted in the G.O. third read above to the dependents of the deceased Government servants having professional qualification like B.A., B.Ed. The Secondary Grade Teachers training Certificate, P.E.T and D.P.Ed. also for some time. Government has decided dependents having the above qualification may be considered for posts in the teaching line subject to the conditions that the appointing authority of Education Department ensure that the candidate suitable in all respects also are recruited. They accordingly direct that in continuing of the orders issued in G.O.Ms.560 Labour and Employment dated 3-8-77 and G.O.Ms.1119 Labour and Employment Department dated 20-5-81 http://www.judis.nic.in qualifications like P.E.T., Secondary Grade Teachers Training Certificate, B.A., B.Ed., D.P.Ed., 117 B.T.Ed., M.Ed., be treated as professional qualifications and the dependants of deceased Government Servants possessing of the above qualifications be appointed to the post an private to the qualifications on compassionate grounds are indicated below:
Dependents possessing Post to which may be
Qualification appointed.
-------------------------------- --------------------------------
1) Physical Education Physical Education Teacher
Training
2) Secondary Grade Teacher's Secondary Grade Assistant
Training Certificate
3) D.P.Ed., or M.P.Ed., Physical Education Director Grade-II
4. B.T. or B.Ed. or M.Ed. B.Ed. Assistant.
The appointing authority, Education Department should ensure that the candidates suitable in all respects also are recruited to the above posts.
5. This order takes effect from the date of issue.
Copy of G.O.Ms.No.1499, Labour and Employment (Q1) Department dated 3.8.89.
-------
Abstract Public Services - Employment Assistance to families of deceased Government Servants - Procedure of recruitment - clarification- issued.
READ:
1.G.O.Ms.No.225, Labour dated 15.2.72
2.G.O.Ms.No.560, Labour and Employment dated 3.8.77.
3.G.O.Ms.No.444, Labour and Employment, dated 23.2.81.
ORDER:
According to the orders issued in the G.O. first read above, a dependent of the deceased Government servant can be appointed on compassionate grounds to a post which falls outside the purview http://www.judis.nic.in of TNPSC. In the G.O. second read above, the concession has been extended to posts falling within the purview of TNPSC also. According to the G.O. third read above, record clerks already 118 appointed on compassionate grounds if they are qualified for appointments as Junior Assistants at the time of initial appointment can be appointed as Junior Assistants by direct recruitment after obtaining the concurrence of the TNPSC under the latter part of Regulation 16(b) of the TNPSC Regulations, 1954.
2. Based on the orders issued in the G.O. third read above, a dependent appointed as Record Clerk on compassionate ground is eligible for appointment as Junior Assistant, but a dependent appointed as Office Assistant is not considered for appointment as Junior Assistant, even though both were having the qualification for Junior Assistant at the time of appointment to a lower posts. This amounts to discrimination. Therefore, the Government have examined the proposal, in detail to remove the discontent among the dependents appointed as Basic Servants and accordingly issue the following clarification.–
i) A dependent appointed to a lower post like Record Clerk, Office Assistant and Sweeper on Compassionate Grounds but possess the qualification required for the post of Junior Assistant at the time of initial appointment to a lowest post may be appointed as Junior Assistant/Typist.
ii) This concession is allowed only to those who have already been appointed to a lower post like Record Clerk, Office Assistant, Sweeper, etc. The dependents should satisfy the conditions prescribed for consideration of appointment under Compassionate Grounds at the time of their appointment as Junior Assistant, Typist etc.
iii) If the dependents who are appointed to lower posts like sweeper. Office Assistant and Record Clerk with ref. to their qualifications possessed at the time of their initial appointment and sub subsequently acquire qualifications prescribed for appointment as Junior Assistant/Typist they can be considered for appointment as Junior Assistant/Typist only with reference to Special Rules governing the post of Junior Assistant/Typist and not with reference to the scheme of providing employment, assistance on compassionate grounds.
iv) The appointing authorities under no circumstances should appoint a dependent to a lower post when the dependant possess the qualifications required for the post of Junior Assistant/Typist on the ground of non availability of vacancies in the office or department or the dependents not willing to work in other Departments. In such circumstance they should follow the existing procedure of approaching the Collector of District for providing a suitable vacancy as suggested in G.O.Ms.No.1179, P&A.R., dated 17.10.79.
(BY ORDER OF THE GOVEROR) N.Venkatachalam SECRETARY TO GOVERNMENT http://www.judis.nic.in //True copy// SECTION OFFICER 119 GOVERNMENT OF TAMIL NADU ABSTRACT Public Services-Compassionate appointments of dependents of Government Servants - retired on Medical Invalidation - Extension to posts within the purview of Tamil Nadu Public service Commission-Orders - Issued.
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LABOUR AND EMPLOYMENT DEPARTMENT G.O.Ms.No.554. DATED: 9.4.1990 Read:-
1. G.O.Ms.No.225, Labour, dated 15.2.72.
2. G.O.Ms.No.1025, Labour and Employment department dated 22.11.76.
3. G.O.Ms.No.560, Labour and Employment Department dated 5.3.77.
4. G.O.Ms.No.1119, Labour and Employment Department dated 20.5.81.
5. G.O.Ms.No.719, Labour and Employment Department dated 19.4.89.
Read also:-
From the Tamil Nadu Public Service Commission letter No.4302-4/89 dated 26.8.89.
ORDER:
According to the existing instructions the dependents of Government servants retiring on medical invalidation before they attaining age of 50 years are entitled for compassionate appointment as In the case of dependents of Government servants dying in harness and the appointments of dependents of Government servants retiring on medical invalidation are confined to posts outside the purview of the Tamil Nadu Public Service Commission though the dependents of Government servants dying in harness are eligible for appointment to the posts within and outside the purview of the Commission.
2. The dependents of Government servants dying in harness holding technical qualifications like a degree in Engineering, degree in Medicine, degree in Agriculture and Diploma are also given appointments to posts within the purview of the Commission with the condition that they shall apply to the Tamil Nadu Public Service Commission in the normal channel and get selected for regular appointment. The scheme of compassionate appointment has been extended to persons possessing Physical Education Training, Secondary Grade Teachers Training, B.T., or B.Ed., or M.Ed., as Physical Education Teacher, Secondary Grade Teacher, Physical Education Director, etc. http://www.judis.nic.in
3. In order to vindicate the hardship caused to the dependents of Government Servants 120 retiring on medical invalidation before the age of 50 years, it has been suggested that the concession of compassionate appointments given to the dependents of deceased Government servants to posts within the purview of the Commission may also be extended to the dependents of Government servants retiring on Medical Invalidation.
4. The Government have examined the suggestion carefully in consultation with Tamil Nadu Public Service Commission. They accordingly direct that the dependents of Government servants, retiring on Medical invalidation, before they attain the age of 50 years, be given compassionate appointment.
i. to posts like Typists, Steno-typists and Junior Assistants falling within the purview of the Commission and concurrence of Tamil Nadu Public Service Commission should be obtained for regular appointments.
ii. to posts appropriate to the qualifications possessed by the dependents as indicated below
-
Dependents posse qualification Post to which may be appointed
1. Physical Education Training. 1.Physical Education Teacher.
2. Secondary Grade Teachers 2. Secondary Grade Assistant.
Training Certificate, 3 B.P.Ed. or M.P.Ed. 3. Physical Education Director Grade-II
4. B.T., Or B.Ed., or M.Ed. 4. B.Ed. Assistant.
iii. To Technical posts of initial or starting category within the purview of the Tamil Nadu Service Commission if the dependents possess degree or Diploma in engineering, Medicine, Agriculture. All such candidates shall, however, apply to the Tamil Nadu Public Service Commission in the normal channel and get selected to regular appointment in the post.
5. This concession should not however be extended to cases where Government Servants has retired on or after attaining the age of 50 years.
6. The Government further direct that all orders or clarifications issued from time to time in respect of this scheme of compassionate appointment to the dependents of deceased Government servants, will automatically be applicable to the dependants of Government Servants, will auto be applicable to the dependants of Government servants retiring from service on Medical invalidation under Rule 36 of Tamil Nadu Pension Rules 1978 also.
7. This order shall take effect from the date of issue. http://www.judis.nic.in 121 (BY ORDER OF THE GOVERNOR) M. VENKATACHALAM SECRETARY TO GOVERNMENT To The Director of Employment and Training, Madras -5. The All Heads of Departments.
All Collectors All Departments of Secretariat.
The Secretary, Tamil Nadu Public Service Commission, Madras. 2 The Chairman, Teachers Recruitment Board.
EVK Sampath Maligai, College Road, Madras-6 The Director of Elementary Schools, Madras.6 GOVERNMENT OF TAMILNADU ABSTRACT Employment assistance to dependent of Government servants dying in harness - Consideration of brother and sister as near relatives - Clarification - Cancellation of -Orders
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LABOUR AND EMPLOYMENT
G.O.Ms.No.567 Dated 11.4.1990.
Read:
1. G.O.Ms.No.225 Labour, Dated 15.2.72.
2. G.O.Ms.No.560, Labour & Employment Department, Dated 3.8.77.
3. Letter No.68193/N1/80-3, Dated 13.3.81.
ORDER:
In the G.O. first read above the scheme of providing employment assistance to a dependant of a Government servant who dies in harness. Leaving his family in indigent circumstances was introduced. A dependant of a Government servant who dies in harness has been defined to mean only the widow or the husband (as the case may be), son, unmarried daughter. It was subsequently clarified in the G.O. 2nd read above that a near relative is defined and restricted to include only the wife or the husband, son or unmarried daughter of the Government servant who dies in harness and that cases of near relatives such as brother or sister of the deceased Government servant were http://www.judis.nic.in excluded. However, in Government letter 3rd read above it was clarified that in deserving cases 122 brother/sister of the deceased Government servant is appointed on compassionate grounds in relaxation of the condition prescribed in G.O.Ms.No.560, Labour & Employment Department, dated 3.8.77, after examining the merits of each case and that in such cases the approval of the Electricity Board, the Government, in Public Works Department and the concurrence of Labour and Employment Department will have tobe obtained prior to such appointment. This clarification is contrary to the basic principals enunciated in the Government orders read above.
2. In view of this Government have decided to cancel the orders issued in Letter No.68193/N1/80-3, Labour & Employment Department, Dated 13.3.81. Accordingly the rd clarifications issued in the Government letter 3 read above are hereby cancelled.
(BY ORDER OF THE GOVERNOR) M.VENKATACHALAM SECRETARY TO GOVERNMENT.
To All Departments of Secretariat All Collectorate All Heads of Departments.
The Director of Employment & Training, Madras-5. Secretary, Tamil Nadu Public Service Commission, Madras-2. The Chief Engineer, Tamil Nadu Electricity Board, Madras-2. All Sections, Labour & Employment Department, Madras-9.
//Forwarded by order// Section Officer.
GOVERNMENT OF TAMIL NADU ABSTRACT Public Services- Employment assistance to families of deceased Government Servants - Procedure of recruitment – Further instructions-Amendment to G.O.Ms.No.998, Labour and Employment Department dated 2.5.81 – Issued.
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LABOUR AND EMPLOYMENT DEPARTMENT
G.O.Ms.No.1044
http://www.judis.nic.in DATED: 23.11.90
123
G.O.Ms.No.998, Labour and Employment, dated 2.5.81.
******* ORDER:
The following amendment shall be issued to the G.O.Ms.No 998, Labour and Employment dated 2.5.31.
AMENDMENT The following paragraph shall be incorporated as para 3(i) in G.O.Ms.No.998, Labour and Employment dated 2.5.1981.
“3(i) Provided, that if any of the dependent/Dependents of deceased Government servant is/are employed in Military service, any one of the other dependent is eligible for appointment in Government Department and Government Undertakings under compassionate Grounds".
(BY ORDER OF THE GOVERNOR) K. KUMARAVELU DEPUTY SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT Letter No.43007A/Q/90-3 dt.4.3.1991 From Thiru.N.Venkatachalam, I.A.S., Secretary to Government To The All Heads of Departments All Collectors All Departments of Secretariat The Secretary, TNPSC, Madras-2 The Director of Employment and Training, Madras-5 Sir, http://www.judis.nic.in Sub: Public Services - Employment assistance to families of deceased Govt.
employees during the period of extension of service - Further Clarifications to 124 G.O.Ms.No.41 Employment Services Dept. dt. 23.3.88 Ref: G.O.Ms.No.41 Employment Services dated 23.3.88 ...
In the G.O. cited, orders have been issued that the son/unmarried daughter/wife/husband of Govt. Servants who died during the period of extension of service is eligible for grant of employment assistance on compassionate grounds.
In this connection there is a point for clarification whether the dependent of Govt. servants who die during the period of suspension which was extended after the date of superannuation and was ordered to be treated as extension of service are eligible for consideration for appointment under compassionate grounds.
The Govt. examined in detail this point and direct that the dependants of Govt. servants who die during the period of suspension which was/further extended from the date of superannuation and was ordered to be treated as extension of service are eligible for appointment on compassionate grounds.
Yours faithfully, Sd/...
for Secretary to Government /True copy/ GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT LETTER NO.2206/Q1/90-2 DATED: 17.6.1991 From Thiru. Venkatachalam, I.A.S., Secretary to Government To All Heads of Departments.
All District Collectors.
All Departments of Secretariat.
The Secretary, Tamil Nadu Public Service Commission, Madras-2. http://www.judis.nic.in Copy to The DIRECTOR GENERAL of Employment and Training, Ministry of Labour, 125 Employment and Rehabilitation Government of India, New Delhi. The Personnel and Administrative Reforms (Personnel) Department (All Sections) The Personnel and Administrative Reforms (Personnel-M) Department (2 copies) The Finance Department, Madras-9 The Labour and Employment (P. &. E) Departmental Madras-9 The Secretaries to Government of Tamil Nadu.
Sir, Sub: Public Services-Employment assistance to families of deceased Government servants definition of a family-inclusion of widowed divorced daughters of the deceased Government Servant
- Amendment to G.O.Ms.No.560, L&E, dated 3.8.77.
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The following amendment shall be issued to G.O.Ms.No.560, Labour and Employment, dated 3.8.77.
Amendment After para 2 of G.O.Ms.No.560, L.&.E. dated 3.8.77, the following sub-para shall be inserted as para 2(a).
2 (a) However the concession of grant of appointment of compassionate grounds is extended to the widowed as well as divorced daughters of the deceased Government Servant, subject to the condition that the widow/widower (as the case may be) of the deceased Government Servant in writing nominates/has nominated the widowed/divorced daughters of the deceased Government Servant.
Yours faithfully for Secretary to Government GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT LETTER (Ms) No. 282, Dated 9.10.91 From Thiru.R.Varadharajulu, I.A.S., Commissioner and Secretary to Government.
To The All Head of Departments.
All Departments of Secretariat.
All Collectors.
http://www.judis.nic.in 126 Sir Sub: Public Service - Employment assistance to dependants of deceased Government servants on compassionate grounds-Regularisation of services with one year - instructions-Issued.
Ref : Letter Ms.No.114, Employment Services dated 28.12.83.
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In the letter cited strict instructions have been issued to all the Heads of Departments and the Departments of Secretariat stressing the need to take immediate action for regularisation of services of persons appointed on compassionate grounds and to send necessary proposals immediately after their appointments to the Government in the administrative Departments of Secretariat for their regular appointment.
2. Despites these instructions, it is seen that proposals for regularisation in such cases are sent to the Government after much delay. In one case the proposal has been seat to the Government after lapse of more then seven years from the date of appointment.
3. Such delays cause avoidable hardship to the individual by got getting his annual increment and lose of service because of the prospective regularisation of services from the date of issue of orders, besides unnecessary correspondence at various levels.
4. I am, therefore to request you to avoid such delays/belated submission of proposals for regularisation of services of persons appointed on compassionate grounds and to ensure that such proposals are sent to the Government expeditiously and in any case within one year from the date of their temporary appointment, so as to enable them to get annual increment, to complete the period of probation within the stipulated period to pass such Departmental / Special taste proscribed for further promotions and to undergo the foundational Training Course which is a pre- requited qualification for declaration of their probation, in time.
5. I am, therefore, to request you to adhere strictly to the above time schedule in submitting the proposal for regularisation of services of the persons appointed on compassionate grounds.
The receipt of this letter should be acknowledged.
Yours faithfully, Sd/-
For Secretary to Government.
// True copy // http://www.judis.nic.in Section Officer.
127GOVERNMENT OF TAMILNADU ABSTRACT Public Services – Employment assistance to the families of the deceased Government servants – procedure for recruitment – Maintains of dependent Register – Fresh consolidated instruction – Issued.
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LABOUR AND EMPLOYMENT DEPARTMENT G.O. (Ms.) No. 314 Dated : 13.11.1991 Read the following :
1. G.O. (Ms.) No. 560, L.&E dated 3.8.77.
2. G.O. (Ms.) No. 1179, P. & A.R, dated 17.10.79.
ORDER:
According to para 8, of the Government order first read above, a dependant of a deceased Government Servant can be appointed in any dependant, if the qualifications of the applicant do not permit his / her appointment to a post in the same departments, in which his parents or husband or wife served or if he / she possesses better qualifications for appointment in the outside department, provided the Head of the other Department also gives his concurrence. In the G.O. second read above, the Government have directed that in case the dependant of deceased Government servant could not be provided employment in the office where the deceased Government servant worked, in the circumstances some stated in para 8 of G.O.Ms.No. 560, Labour and Employment dated 3.8.77, the names of such dependants of deceased government servants, fully qualified and eligible for employment assistance under G.O.Ms.No. 560, L.&E. dated 3.8.77, should be furnished to the collector of the Districts concerned, who will maintain such a list and sponsor them whenever a suitable vacancy arises.
2. The Government have now decided to issue separate order for maintaining a list of dependents of deceased in the Collectorate for sponsoring for appointment with utmost priority to the vacancies reported by the Department, since the retrenched list as per G.O.Ms.No.1179, P.&.A.R. dated 17.10.79 is not in force.
3. Accordingly, the following fresh consolidated instruction are issued to all Heads of Departments and Collectors:-
(1) normally the dependant of a deceased Government servant should apply for appointment on compassionate http://www.judis.nic.in grounds only to this office, where the Government servant was in service at the time of his death.128
(2) 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 educational qualification etc. (3) After verification, the Head of the office should, within month from the date of receipt of application from the dependant, submit the application along with his report to the Head of the Department indicating also whether any vacancy exists in his office for providing employment to the application.
(4) After considering the request, if any vacancy exists either the office in which the deceased Government Servant was working at the time of his death or in his office, the Head of the Department should issue orders of appointment immediate and in any case within 15 days from the date of receipt of report from the Head of the office, provided the applicants satisfies all conditions relation to age, educational qualifications etc. If any relaxation is necessary, he should necessary proposals within 15 days to the Government in administrative Department for orders.
(5) If no vacancy exists either in his office or in the office which the deceased Government servant was working, then he should ascertain from the various Heads of offices under his control whether any vacancy exists in any one of these officer to provide employment to the dependant with reference to high educational qualifications etc. This exercise should be completed within a period of 60 days. Vacancies that may some in the near future, that is to say for the next 12 months should also be taken into consideration for the purpose. If a vacancy is likely to arise in the near future, the applicant may be informed of the fact and advised to wait till then and as soon as a vacancy arises, he should be given employment.
(6) In case the Head of the Department finds that there is no vacancy in any of his offices or in the near future or where the dependent of the deceased Government Servant possesses qualifications which do not permit his or her appointments the any post in that Department also where the dependant possesses better qualification for appointment in other Departments, then, the Head of the Department should send the name and all relevant particulars to the collector of the District in which the deceased Government servant last worked.
(7) The Collector of each District should maintain a special register for this purpose and enter therein the name and other details of such dependants. This Register will be maintained separately.
(8) Whenever a Vacancy in the category of office Assistant / Record Clerk / Junior Assistant / Typist etc. arises in any Department including the Head of Department, referred to in instruction
(b) above, the Head of the Department should first address the collector of the District in which the vacancy http://www.judis.nic.in has arisen and find out whether any department of a deceased Government servant is available for consideration for appointment to that post.129
(9) On receipt of such enquiry form a Head of Department, the Collector shall send the name or names and details of dependent from the special Register, depending upon the number of vaccines and as per the seniority, for consideration for appointment in that Department.
(10) Before notifying any such vacancy to the Tamil Nadu Public Service Commission or Employment Exchange, each Head of the Department should first address the Collectors and only their obtaining from them a certificate of non-availability of candidate in the special Register maintained by them with reference to instruction (7) above, the Tamil Nadu Public service commission / Employment Exchange should be addressed.
GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT LETTER No.66813/Q1/91-3 DATED: 22.11.91 From Thiru.A.Subrahmanian, B.Sc., B.L., Joint Secretary to Government.
To All Heads of Departments .
All District Collectors.
The Registrar, High Court, Madras-104.
The Tamil Nadu Public Service Commission, Madras-2 All Departments of Secretariat.
Sir, Sub: Public Services - Appointment to the dependants of deceased Government Servant regular basis clarifications-Issued.
I am directed to state that the following points have been brought to the notice of the Government for clarifications by various Departments:-
"Whether the services of a person appointed temporarily under compassionate grounds - before the age of 18 years may be regularised only on his attaining the age of 18 years or from the date of his temporary appointment. (i.e) even before 18 Years”.
As per the rule 28 of the special rules for TNMS a person should not exceed 30 years of age for appointment but there is no provision for minimum age limit (i.e.18 years) prescribed for appointment to those posts. There is no minimum age limits fixed for appointment in Government service, either in General Rules or in the Special rules for the Tamil Nadu Ministerial Service. As per the General Rule 23(a)(ii) of the Tamil Nadu State and Subordinate Service, the services of a person in a category may be regularised from the date of his first temporary appointment or from such http://www.judis.nic.in subsequent date as the appointing authority may determine.130
However in making appointment of the dependants of deceased Government servant on compassionate grounds doubts have been raised very often by the department on the validity of the appointment or persons below 18 years of age.
In the circumstances I am to clarify that there is no provision in appointing a candidate under compassionate grounds below the age of 18 years on regular basis, if he is otherwise qualified for the post and satisfy the conditions prescribed for appointment under compassionate grounds.
Yours faithfully, for Joint Secretary to Government GOVERNMENT OF TAMIL NADU Labour and Employment Department, Secretariat, Madras 600 009.
U.O. Note No. 28506/Ql/98-1 Dated : 4.5.1992.
Sub: Public Services - Appointment to the dependents of deceased Government Servants - Revised Proforma - Prescribed and Communicated.
Ref: U.O.Note No.47660/II 1/78-2, Labour and Employment Department, Dated 9.10.78.
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All the Departments of Secretariat may be informed that it is noticed that some of the Departments of Secretariat / Heads of Departments are not furnishing the required particulars for verifying the facts, while considering appointment under compassionate grounds. To avoid such inconvenience, a revised proforma has been prescribed, instead of the proforma already prescribed in the U.O.Note cited.
2. Before addressing the Tamil Nadu Public Service Commission for its concurrence under Regulation 16 (b) of the Tamil Nadu Public Service Commission Regulation 1954, the Departments of Secretariat may be requested to send to the Tamil Nadu Public Service Commission in future, self- contained proposal supported with all the relevant details, duly filled in the revised proforma annexed to this U.O. Note. The Departments of Secretariat may also be requested to communicate the Revised. Proforma to the Heads of Departments under their administrative control and to request them to send their proposals in respect of appointment under compassionate grounds, to the posts, outside the purview, of Tamil Nadu Public Service Commission also, which requires relaxation of any rules, along with the required particulars duly filled in the Revised Proforma. http://www.judis.nic.in 131 R. VARADHARAJTJLU, SECRETARY TO GOVERNMENT To The All Departments of Secretariat, Madras 600 009.
Forwarded / By Order Section Officer.
GOVERNMENT OF TAMILNADU LABOUR AND EMPLOYMENT DEPARTMENT FORT ST. GEORGE, MADRAS 600 009.
Letter No.44927/01/92-1, Dated : 19.6.1992.
From Thiru.R.Varadharajulu, I.A.S., Secretary to Government.
To All Heads of Departments, All District Collectors, All Departments of Secretariat.
Sir, Sub: Petitions - Seeking Employment Assistance to the Families of the deceased Government Servants - Special instructions for quick disposal of - Regarding.
A perusal of the various petitions seeking Compassionate Grounds appointment shows that there is delay at the level of offices and Heads of Departments in taking decisions regarding initiating enquiry on indigent circumstances of the family, factors such as whether there is already any earning members in the family etc. In several cases suitable posts are also not available for the qualifications possessed by the applicants.
2. The concept of compassionate grounds appointment is to provide immediate relief to the dependants of Government servants who die in harness leaving their family in indigent circumstances. If there is delay in appointment under compassionate grounds, the very purpose of http://www.judis.nic.in the scheme will be defeated.132
3. Necessary guidelines for processing the case of compassionate appointments have already been issued from time to time. Moreover, with a view to give immediate relief to the family of the deceased Government Servants, necessary instructions, specifying time limits for processing the cases for appointment under compassionate grounds have been consolidated and issued in- G.O.Ms.No.314, Labour and Employment Department, Dated 13.11.91.
4. But it is noticed that these instructions have not been scrupulously followed. I am, therefore, to request you to issue suitable instructions to all redressal Officers for quick disposal of petition for appointment on compassionate grounds by adhering strictly to the instructions issued in G.O.Ms.No.314, Labour and Employment Department, dated 13.11.91.
Yours faithfully, for Secretary to Government.
GOVERNMENT OF TAMIL NADU ABSTRACT Public Services – Employment assistance to families of deceased Government Servants – Procedure for appointment on Compassionate Ground – Creation of supernumerary posts – Orders – Issued.
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Labour and Employment Department
G.O.Ms.No.23 Dated : 10.02.1993
Read:
1. G.O.Ms.No.225, Labour and Employment, dated 15.2.1972.
2. G.O.Ms.No.560, Labour and Employment, dated 3.8.1977.
3. G.O.Ms.No.1119, Labour and Employment, dated 20.05.1981.
4. G.O.Ms.No.73, Employment Services, dated 26.10.1983.
5. G.O.Ms.No.719, Labour and Employment, dated 19.04.1989.
6. G.O.Ms.No.314, Labour and Employment, dated 13.11.1991.
**** http://www.judis.nic.in ORDER:-133
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 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.
http://www.judis.nic.in
4. The Government accordingly sanction 500 supernumerary posts for the following common 134 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 and IV
4. Tamil Nadu Secretariat Service : Assistant, Typist, Personal Clerk.
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 http://www.judis.nic.in capacity within one month from the date of receipt of application form the dependant.
135In 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 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.
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 http://www.judis.nic.in etc. and no relaxation is involved.
1369. 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 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, http://www.judis.nic.in and the candidate is qualified in all respects and no relaxation of any rule is involved, may straight 137 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 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 31st March, 30th June, 30th September and 31st 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 http://www.judis.nic.in sanction of new posts, redeployment of surplus posts, promotion, retirement etc. Such released 138 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. 6th 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.
(BY ORDER OF THE GOVENOR) R. VARADARAJULU SECRETARY TO GOVERNMENT.
To The All Heads of Department.
GOVERNMENT OF TAMIL NADU ABSTRACT Public Services – Appointment on compassionate ground – Indigent circumstances of families of deceased Government Servant – Provident Fund & Death-cum-Retirement Gratuity not to be included – Appointment to one member if another member was already employed in the family of the deceased – Clarification-Issued.
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http://www.judis.nic.in
LABOUR AND EMPLOYMENT DEPARTMENT
139
G.O.(Ms).No.155 Dated : 16.7.1993
1. G.O.(Ms) No.225, Labour & Employment dated 15.8.72
2. G.O.(Ms) No.560, Labour and Employment dated 3.8.77
3. G.O.(Ms) No.998, Labour and Employment dated 8.5.81
4. Govt. Lr.No.18274/N1/82-3 Labour and Employment dated 9.7.82
5. G.O.(Ms) No.73, Employment service, dated 26.10.83
6. G.O.(Ms) No.8, Employment service dated 7.1.87
7. G.O.(Ms) No.567, Labour & Employment dated 11.4.90 Read also:-
8. G.O.(Ms) No.23, Labour & Employment dated 10.2.93 ORDER:
One of the conditions prescribed under the scheme of appointment on compassionate grounds formulated in the G.O. First read above is that the family of the deceased Government Servant should be in “indigent circumstances”. Another condition introduced in the G.O. third read above is that if there is already any earning member in the family of the Government Servant who died in harness, the other dependants of the deceased Government servant will not be eligible for compassionate appointment.
2. The Government have re-examined the above mentioned conditions. The expression “indigent circumstances” has not been precisely defined. It has been left mostly to the subjective satisfaction of the appointing authorities. Therefore the Service Associations have represented that this condition be deleted. The family of a deceased Government Servant is entitled to Provident Fund, accumulations, Family Benefit, Death cum Retirement Gratuity, Encashment of leave at credit at the time of death, etc. The Government consider that those amounts or the interest earnings that will accrue on depositing these amount; need not be taken into consideration. It is therefore necessary to ascertain whether the family is having immovable property like houses, lands etc., the income from which is substantial to sustain the family without any extra help. The Government therefore direct that the criteria for indigent circumstances is that the family should not own any house or landed properties or if owned, the income from which is insufficient to sustain the family. A certificate from the Tahsildar to this effect will have to be produced.
3. In regard to the second condition mentioned in para 1 above, it is considered that if a member of the family is already on employment and supports the family then the restriction may be http://www.judis.nic.in applied. When a dependent of the family is employed, the factors to be ascertained are, 140 whether he is regularly employed and is actually supporting the family. If that person was employed even before the death of the Government Servant and was living separately without extending any help to the family, then the case of other eligible dependants will be considered.
4. However, the restriction that only one of the dependants will be entitled for appointment on compassionate grounds will continue.
5. Only the dependants of the deceased Government Servant viz. wife/husband/son, unmarried daughter will be eligible for appointment. If the widow is not educationally qualified/eligible for appointment, she could be given a job like sweeper. The Government also direct that a married daughter who is deserted by her husband and living with the family of the deceased Government Servant and widowed or divorced daughter living with the family may be considered, if the widow of the deceased Government Servant gives her consent in writing.
6. Age restrictions of 30 in the case of sons/unmarried daughters or 40 in the case of widow/widower will continue.
7. All cases requiring relaxation will be decided by the Committee constituted with reference to para 20 of the Chief Minister’s standing order No.2, Personnel and Administrative Reforms dated 9.1.92.
8. These orders will be applicable to families of Government Servants who have retired on medical invalidation before attaining the age of 50 years.
(BY ORDER OF THE GOVERNOR) R.VARADHARAJULU SECRETARY TO GOVERNMENT GOVERNMENT OF TAMILNADU ABSTRACT PUBLIC SERVICES – Appointment of compassionate grounds of procedure for appointment of a dependant who possess technical professional qualifications – Regularisation of services in consultation with Tamil Nadu Public Service Commission – Orders – Issued.
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LABOUR AND EMPLOYMENT DEPARTMENT
G.O.Ms.No.156 Dated : 16.07.1993
Read:
http://www.judis.nic.in
1. G.O.Ms.No. 1119, Labour and Employment dated 20.05.81 141
2. G.O.Ms.No. 23, Labour and Employment dated 10.02.93.
Read also:
3. From the Tamil Nadu Public Service Commission, Madras Lr. No. 1089 / E4 / 92 dated 22.05.92.
****** ORDER:-
In the Government order first read above it has been ordered that the dependant of a deceased Government Servant with technical or professional qualification be appointed temporarily to the initial or starting category of a post for which his qualification is the minimum prescribed in the Service Rules. It has also been ordered that such appointment would only be on a temporary basis and such candidates will have to apply to the Tamil Nadu Public Service Commission, Subsequently in the normal channel and get themselves selected for regular appointment in the post.
2. The inherent risk in this procedure is the possibility of non selection of the dependant by the Tamil Nadu Public Service Commission in the normal channel. He / she will then lose the job and thus defeating the very purpose for which this scheme had been formulated. It would also run counter to the Government’s instruction that persons appointed under compassionate grounds should not be ousted. Once the Government recognize the need to provide employment consistent with the qualifications possessed by the candidate, it does not seem fair to put one class of persons alone in jeopardy merely because they get appointment as Engineers, Civil Assistant Surgeons etc. on account of higher qualification possessed by them.
3. The Government have re-examined the existing procedure and addressed the Tamil Nadu Public Service Commission for its views. The Tamil Nadu Public Service Commission has in its letter read above agreed to dispense with the distinction mentioned above. The Government therefore direct that the orders issued in the G.O first read above and these issued in para 11 of the G.O. Second read above be partially modified to the effect that in the matter of appointment on compassionate grounds, the distinction made in respect of a technically or professionally qualified candidates be dispensed with. The Government direct that the dependants of deceased Government servants who are technically or professionally qualified be appointed by the appointing authorities concerned, in the lowest category of post / or which his / her qualification is the minimum prescribed in the relevant service rules for direct recruitment, temporarily in the first instance, provided there are vacancies and the condition described for appointment on compassionate grounds are satisfied. Thereafter their services will be regularized with effect from date of http://www.judis.nic.in appointment after obtaining the concurrence of the Tamil Nadu Public Service Commission under 142 latter part of Regulation 16(b) of the Tamil Nadu Public Service Commission Regulations, 1954.
4. In the cases of dependants of technically and professionally qualified who have already been appointed subject to the condition that they will have to get themselves selected by the Tamil Nadu Public Service Commission, in the normal course, their services may be regularized with effect from the date of issue of this order, after obtaining the concurrence of the Tamil Nadu Public Service Commission under latter part of Regulation 16(b) of the Tamil Nadu Public Service Commission Regulations, 1954.
(BY ORDER OF THE GOVERNOR) R. VARADHARAJULU SECRETARY TO GOVERNMENT To All Heads of Department.
GOVERNMENT OF TAMIL NADU ABSTRACT Rules – Tamil Nadu State and Subordinate Service Rules – Appointment on compassionate grounds – exemption from age-limit and rule of reservation – Amendment to General Rule 54 – Issued.
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PERSONNEL AND ADMINISTRATIVE REFEORMS DEPARTMENT G.O.Ms.No.334 Dated: 02-09-1993.
Read:
1. Government letter No.2563/N1/82-2, Labour and Employment Department, dated 11-3-
1988.
2. G.O.Ms.No.2899, Labour and Employment Department, dated 23-12-1988.
3. G.O.Ms.No.554, Labour and Employment Department, dated 9-4-1990.
4. Government letter No.2286/Q1/90-2, Labour and Employment Department, dated 17-6- 1991.
5. From the Tamil Nadu Public Service Commission letter No.5017/B4/92 dated 24-8-1992.
*** ORDER:
http://www.judis.nic.in The following Notification will be published in the Tamil Nadu Government Gazette:-143
NOTIFICATION In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following amendments to the General Rules (Part II of the Tamil Nadu State and Subordinate Services Rules in Volume I of the Tamil Nadu Services Manual, 1987):-
2. The amendments hereby made shall come into force on the 2nd September, 1993.
AMENDMENTS In the said rules,-
(1) after rule 54, the following rule shall be inserted, namely:-
“54-A. Age concessions for appointment on Compassionate grounds:-
Notwithstanding anything contained in the Special Rules for various State and Subordinate Services regarding the maximum age limit for appointment by direct recruitment, in the case of appointment on Compassionate grounds, the maximum age limit shall be 30 years in respect of the sons or the unmarried daughters and 40 years in respect of wife or husband of the Government Servant, who dies in harness while in service, or retired from service on medical invalidation before attaining the age of fifty years, as the case may be.
Explanation 1 :- for the purpose of considering the maximum age limit, the date of death of the Government Servant or the date of retirement on medical invalidation before he attains the age of fifty years, as the case may be, shall be taken into account.
Explanation 2:- The expressions ‘sons and daughters’ in this rule includes widowed daughters, divorced daughters, legally adopted sons or legally adopted daughters, whose adoption was made during the life time of the deceased Government Servant:-
Provided that the widowed daughters or divorced daughters shall not be eligible to avail the concession of appointment on compassionate grounds, unless they are nominated in writing by the widow or widower of the deceased Government Servant;
2) in rule 22, after clause (e), the following clause shall be added, namely:-
“(f) Notwithstanding anything contained in the Special Rule for various State & Subordinate Services, the rule of reservation shall not apply to the appointments on Compassionate grounds.” (BY ORDER OF THE GOVERNOR) M. AHMED http://www.judis.nic.in SECRETARY TO GOVERNMENT 144 GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT LETTER (Ms) No.31 DATED :25.2.1994 From Tmt. Lakshmi Pranesh, I.A.S., Secretary to Government.
To All Heads of Departments (w.e.) All Collectors, (w.e.) Sir / Madam, Sub : Appointment of compassionate grounds – Revised preformed – prescribed.
Ref : U.O. Note No. 28506/Q1/92-1 Labour and Employment Department dated 4.5.92.
****** I am directed to state that during the meeting held by Chief Secretary with Chairman, Tamil Nadu Public Service Commission on 30.7.93 on the above subject, it was decided that the preformed prescribed under this scheme may be simplified.
2. Based on the aforesaid decision, a revised proforma is annexed to this letter.
3. All Heads of Departments / Collectors are requested to furnish details in the revised proforma while sending proposals to the Government.
Yours faithfully, for Secretary to Government.
ANNEXURE
1. PARTICULARS OF APPLICANT
1. Name of the applicant :
2. Date of application for appointment (only one dependant in the family can be provided appointment on compassionate grounds). :
3. His / her relationship to the deceased http://www.judis.nic.in Government servant. :
1454. Date of birth and age (the age of wife or husband / son or unmarried daughter should not be more than 40/30 years respectively on the date of death of Government Servant) :
5. Qualifications. :
6. Name of the post for which his / her name is recommended / for appointment and the service in which it is included (compassionate appointment should be given only to the lowest category of the service concerned) :
7. Whether the post is within the purview of the Tamil Nadu Public Service Commission :
8. Whether the candidate is fully Qualified for the post (If not, state the rules to be relaxed) :
II PARTICULARS OF DECEASED GOVERNMENT SERVANT
9. Name and Designation of the deceased Government Servant :
10. Office where he/she worked at the time of his death. :
11. Whether he/she held the post (Name of the post to be specified ) in regular capacity (i.e. probationer or approved or full member). :
12. Date of Death/Date of retirement on medical invalidation. :
III GENERAL
13. Details of all the family members:
http://www.judis.nic.in 146 Name Age Educational Marital Relationship Employed/unemployed Qualifications. Status. to the (If Employed deceased Particulars)
1. 2. 3. 4. 5. 6.
14. Monthly Income by way of Family Pension and other similar sources. :
15. Details of immovable property like houses, lands etc. owned by the family and monthly income derived therefrom. :
IV. CERTIFICATES / PARTICULARS TO BE FURNISHED
16. i) Nomination made by the wife / husband of the deceased Government servant.
ii) Certificate relating to educational qualification.
iii) Declaration made by the applicant as per G.O.Ms.No.29, Employment services Department, Dated : 7.3.88.
iv) Death certificate of the deceased Government servant.
v) Legal heir certificate issued by the Tahsildar.
vi) Income Certificate issued by the Tahsildar. Covering both the movable and the immovable property owned by the family with a specific remarks regarding the indigent nature of the family.
vii) No objection Certificate from other members of the family (sons / unmarried daughters / spouse) SIGNATURE OF THE APPOINTING AUTHORITY.
17. Recommendation of the Administrative Department Concerned in Secretariat.
N.B. i. The term ‘near relative’ is defined and restricted to include only the wife / husband / son / unmarried daughter adopted son/adopted daughter / adopted unmarried daughter / widow / divorced or deserted daughter of the Government servant who died in harness. Cases or near relative such as brothers / sisters etc. of the deceased should be excluded.
ii) Candidate seeking employment should possess all the prescribed qualification for the post concerned and that this conditions should not be relaxed. http://www.judis.nic.in
iii) Dependants of the temporary Government Servants appointed under rule 10 (a) (i) of the 147 General Rules for the Tamil Nadu State and Subordinate Service who died in harness are not eligible to be considered.
iv) Dependants of the Government Servant, who die after retirement are not climbable to be considered.
v) Dependants of Government Servants who die in harness can be considered for appointment on compassionate grounds irrespective of the presumptive date of superannuating of the deceased Government Servant.
vi) Even if one member of the family other than the deceased Government servant was employed over before the death of the Government servant and was living separately without extending any help to the family, then the case of other eligible dependants may be considered.
// True Copy // Section Officer GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT LETTER No.2941/Q1/94-1, DATED: 1.3.1994 From Tmt.Lakshmi Pranesh, I.A.S., Secretary to Government.
To All Heads of Departments, All District Collectors, The Registrar, High Court, Madras-104.
The Secretary, Tamil Nadu Public Service Commission, Madras – 600 002.
Sir, Sub: Tamil Nadu Civil Services – Joint Council meeting held on 17.1.94 – Appointments under Compassionate grounds-Regularisation of Service-Speedy Steps to Regularise the service-Instructions-Issued. I am directed to state that in the Joint Council meeting held on 17.1.94 the following decisions were taken and other issues:
i. Instructions should be issued to all Heads of Departments to take speedy action to regularise the services of all candidates appointed under the scheme of compassionate ground appointment as per rules, within one year, positively. http://www.judis.nic.in ii. Instructions should be issued to all Heads of Departments to inform the family of 148 the deceased Government servant in writing within 30 days from the date of death of the required for consideration for appointment on compassionate grounds. This communication should be sent by Registered post with acknowledgment due.
2. In order to implement the above decisions, I am to request you to take speedy action to regularise the services rules within one year positively.
3. I am also to request you to issue suitable instructions to all the offices under your control stipulating that the Head of office should inform the family of the deceased Government servant in writing within 30 days from the date of death of the deceased Government servant as to the certificates/documents required for consideration for appointment on compassionate grounds. This communication should be sent by Registered post with acknowledgment due.
4. Receipt of this letter may be acknowledged.
Yours faithfully, for Secretary to Government GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT LETTER No.57630/Q1/93-2 DATED 27.7.1994 From Tmt.Lakshmi Pranesh, I.A.S., Secretary to Government.
To The Director of Stationary and Printing, Madras – 2.
Sir, Sub: Compassionate ground appointments – certain concessions ordered – clarification – Issued.
Ref: Your Lr.No.26249/B-3, dated 13.9.93.
******
In G.O.Ms.No.155, Labour and Employment, dated 16.7.93 the Government have issued the following orders:-
(i) The criteria for deciding the indigent circumstances of the family of a deceased Government servant is that the family should not own any house or landed properties, or if owned, the income from which, is insufficient to sustain the family. A certificate from the Tahsildar to this http://www.judis.nic.in effect will have to be produced.149
(ii) When a dependant of the family of the deceased Government servant was employed even before the death of the Government servant and was living separately without extending any help to the family, then the case of other eligible dependant will be considered.
(iii) A married daughter who is deserted by her husband and living with the family of the deceased Government servant and widowed or divorced daughter living with the family may be considered, if the widow of the deceased Government servant gives her consent in writing.
2. In this connection, a clarification has been sought for, as to the date of effect to be given to the orders issued in the said Government order. It is hereby clarified that the cases which had been rejected already prior to the issue of above orders need not be re-opened. The order issued in the said G.O. would therefore be applicable to the cases pending as on 16.7.93 and to future cases only.
Yours faithfully, for Secretary to Government.
Copy to:
All Heads of Departments.
All Departments of Secretariat, Madras-9.
GOVERNMENT OF TAMIL NADU ABSTRACT RULES - Tamil Nadu State and Subordinate Services Rules - Appointment on compassionate grounds of married daughter deserted by her husband - Amendment to General Rule 54A - Issued.
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PERSONNEL AND ADMINISTRATION REFORMS (PER.S) DEPARTMENT G.O.Ms.No.321 Dated: 7.12.1994 Read also:
1. G.O.Ms.No.155, Labour and Employment Department, dated 16.7.93.
2. G.O.Ms.No.334, Personnel and Administrative Reforms Department, dated 2-9-93. Read again:
3. From the Tamil Nadu Public Service Commission letter No.5017/BA4/92 ORDER The following Notification will be published in the Tamil Nadu Government Gazette:-
NOTIFICATION In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following amendment to the General Rules in Part II of the Tamil Nadu State and Subordinate Services Rules in Volume I of the Tamil Nadu Services http://www.judis.nic.in Manual 1987.150
2. The amendment hereby made shall be deemed to have come into force on the 22nd September 1993.
AMENDMENT In the said Rules, in rule 54-A, for Explanation 2, the following explanation shall be substituted, namely:-
Explanation 2:- The expressions ‘sons and daughters’ in this rule includes widowed daughters, divorced daughter or a married daughter deserted by her husband and living with the family of the deceased Government servant, a legally adopted son or legally adopted daughter, whose adoption was made during the life time of the deceased Government Servant:-
Provided that the widowed daughter or divorced daughter or the married daughter deserted by her husband and living with the family of the deceased Government Servant shall not be eligible to avail the concession of appointment on compassionate grounds, unless they are nominated in writing by the widow or widower of the deceased Government Servant.
(BY ORDER OF THE GOVERNOR) M.B. PRANESH Secretary to Government GOVERNMENT OF TAMIL NADU ABSTRACT Public Serves - Scheme of compassionate ground appointment - modification - issued.
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LABOUR AND EMPLOYMENT DEPARTMENT
G.O.(Ms)No.120 Dated : 26.6.95
Read again:-
1. G.O.(Ms).No. 225, Labour and Employment, dated 15.2.72
2. G.O.(Ms).No.560, Labour and Employment, dated 3.8.77
3. G.O.(Ms).No.1579, Labour and Employment, dated 21.7.81
4.Govt.Lr.No.2563/N1/S2-2, Labour and Employment, dated 1.6.82
5. Govt. letter No. 4810/Q1/95-3 , Labour and Employment, dated 28.2.95 ORDER:
The Tamil Nadu Administrative Tribunal, Madras in its orders in O.A.No. 6554/93, dated 15.10.93 and in O.A. No. 5111/94, dated 17.10.94 had observed that the existing Government orders http://www.judis.nic.in under the scheme of compassionate ground appointments may be reviewed and until such review appointment on compassionate ground may be suspended. Accordingly, the Government in 151 the letter sixth read above, had issued instructions to all Heads of Departments to keep in abeyance all appointments and matter relating to compassionate ground appointments.
2. Simultaneously, the Government also reviewed the existing orders under the scheme. After careful review, the Government issue the following modifications to the Scheme.
1. The applications for appointment on compassionate grounds should be made within three years of the death of Government Servants;
2. The maximum age limit for such appointment be raised to 50 in the case of widows of the deceased Government Servants This order will take effect from the date of the issue of the order.
(BY ORDER OF THE GOVERNOR) P.SHANKAR SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU ABSTRACT Services - Compassionate ground Appointment - Recruitment of married daughters/widows of Defence Personnel Killed/ in action or died in harness to the posts within the purview of the Tamil Nadu Public Service Commission - Procedure for recruitment through Employment Exchange/Tamil Nadu Public Service Commission-relaxation-Orders-Issued.
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LABOUR AND EMPLOYMENT DEPARTMENT G.O.Ms.No.164 Dated 22.8.1995
1. G.O. Ms.No.1083, Labour and Employment department dated 18.12.1976.
2. From the Secretary, Rajya Sainik Board and Joint Director of Ex-Service men’s Welfare, Madras Rc.No.30297/94/C1, dated 7.10.94.
******* In the Government Order 1st read above orders were issued by the Government to the effect that the dependants, viz., married Daughters/Widows near relative who would take care the family of the Defence Services Personnel who are disabled in action and who died in harness be appointed to the posts which fall outside the purview of the Tamil Nadu Public Service Commission http://www.judis.nic.in in relaxation of the general rule of recruitment through Employment Exchange subject to the 152 conditions stipulated therein.
2. In his letter 2nd read above, the Joint Director of Servicemen's Welfare, Madras, has pointed out that as per orders issued in the Government Order 1st read above dependants of the Defence Services Personnel could be appointed only in few categories of jobs such as Office Assistant, Record Clerk, Drivers which fall outside the purview of the Tamil Nadu Public Service Commission eventhough are a member of dependants who have acquired higher qualifications such as 10th Standard/Higher Secondary/Degree. It could not be provided suitable jobs commensurate with qualifications, since the posts of Junior Assistant/Typist fall within the purview of the Tamil Nadu Public Service Commission. Further, the Joint Director, Ex-Servicemen's Welfare has stated that the Directorate General Resettlement, Government of India, Ministry of Defence, New Delhi is also willing to extend the same concessions available in Central Government, to states also. The Joint Director, Director of Servicemen's Welfare has therefore requested the Government to issue orders for extending the concessions issued in S.No.1083, Labour and Employment Department, dated 18.12.1976 for appointment in Group 'C' posts also in the Government.
3. The Government have examined the proposals of the Joint Director of Ex-Servicemen's Welfare in detail and proposed to accept it. Accordingly, the Government, direct that the one dependant viz., Son/Unmarried daughter/near relative who would take care of the family of the Defence Services Personnel whose native State is Tamil Nadu and who are Killed/Disabled in action and also died in harness be appointed to the posts which fall within the purview of the Tamil Nadu Public Service Commission also provided they satisfy all other conditions stipulated by the Government for appointment under the scheme of Compassionate ground appointment.
(BY ORDER OF THE GOVERNOR) JOR SINGH SYIEM, SECRETARY TO GOVERNMENT.
GOVERNMENT OF TAMIL NADU LABOUR AND EMPLOYMENT DEVELOPMENT LETTER NO.39924/Q1/95-1/DATED 11-10-1995.
From Thiru. Jor Singh Syiem, I.A.S., Secretary to Government.
http://www.judis.nic.in To 153 All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
The Director of Employment and Training, Madras-5. The Registrar, High Court, Madras-104.
The Secretary, Tamil Nadu Public Service Commission, Madras-2. The Accountant General, Madras-18.
The Accountant General, Madras-35(Audit). The Pay and Accounts Officers.
The Treasury Officers.
The Legislative Assembly Secretariat, Madras-9. The Secretary to Chief Minister, Madras-5 All Senior Personal Assistants to Ministers. Sir, Sub: Public Service - Scheme of Compassionate ground appointments modifications -
Issued - clarifications Issued.
Ref: 1. G.O.No.120 , Labour and Employment dated : 26-6-95.
2. From the District Collector, Tirunelveli, Kattabomman District Lr.No.B2/13980/94 dated: 21-8-95.
In the Government Order 1st cited, the following modifications were issued to the existing scheme of appointments under compassionate grounds to the dependants of the deceased Government Servants, with effect from the date of issue of order:-
(i) The applications for appointment on compassionate grounds should be made within three years of the death of Government Servants.
(ii) The maximum age limit for such appointment be raised to 50 years in the case of widows of the deceased Government servants.
2. In this connection, the District Collector, Tirunelveli Kattabomman District has sought for clarifications whether the time limit of three years period specified in the Government Order are applicable to the dependants of the Government Servants who died prior to the date of issue of the Government Order. In this connection, it is clarified that the time limit of three years period specified in the Government Order first cited is applicable only to the dependants of the Government Servants those who died while in service on or after 26.6.95 and the above orders are not applicable to the past cases. Further the Government clarify, that the age limit of 50 years for appointment under the scheme in the case of widows as ordered in the said Government Order is also applicable only to the widows of the Government Servants those who died or or after 26.6.95.
Yours faithfully, Sd/-xxxx http://www.judis.nic.in for Secretary to Government.
154Government of Tamil Nadu Abstract Tamil Nadu School Educational Subordinate Service – Appointment on compassionate grounds – Teaching posts certain Instructions-Issued.
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EDUCATION, SCIENCE AND TECHNOLOGY DEPARTMENT.
G.O.Ms.No.89 Dated: 6-2-1996.
Read:
1. G.O.Ms.No.719, Labour and Employment Department, dated 19-4-89.
2. G.O.Ms.No.23, Labour and Employment Department Dated 10-2-93.
3. Government letter No.92098/M2/91, dated 8-4-93.
4. G.O.Ms.No.120, Labour and Employment Department dated 26-6-95.
5. From the Director of School Education letter No.26798/J2/94 dated 31-1-95 & 9-1-96.
----
ORDER:
In the Government letter 3rd read above, the Director of School Education was requested not to make appointments on compassionate grounds to the legal heirs of Government Servants who died while in service against any post falling within the purview of the Teacher Recruitment Board. The scheme of compassionate appointment has been reviewed as per the orders of the Tribunal and orders have been issued in G.O.Ms.No.120, Labour and Employment dated: 26-6-95 prescribing certain guidelines. The ban imposed on compassionate appointment in to do during the past has also been lifted recently.
2. The Director of School Education has now sought for clarification regarding appointment to teaching posts, explaining that a large number of proposals are pending in the Directorate for appointment on compassionate grounds including proposals received from other Heads of Departments duly recommended by Director of Employment and Training.
3. The Government, after careful examination, have since decided to lift the ban imposed in the letter third read above for compassionate appointment to teaching posts which are falling with in the purview of Teacher Recruitment Board, partially. Accordingly, the Government permit the Director of School Education, Director of Elementary Education to make appointments on compassionate grounds for the post of Secondary Grade Teacher alone (besides other non-teaching posts) as per seniority. The total number of such appointments shall be limited to 100 in an academic year.
4. The Director of School Education/Director of Elementary Education are requested to take necessary further action and communicate these orders to all the appointing authorities.
(BY ORDER OF THE GOVERNOR) L.N.VIJAYA RAGHAVAN SECRETARY TO GOVERNMENT /forwarded by order/ /true copy/ Sd/-x.xx Section Officer.
http://www.judis.nic.in 155 Copy of letter No.6602/M2/95-15 dated 19.9.96, from Thiru.S.P.Elangovan, I.A.S., Secretary to Government, Education, Science and Technology (M2) Department, Madras-9 addressed to the Director of School Education, Madras-6 and Director of Elementary Education, Madras-6.
----
Sub: EDUCATION DEPARTMENT – Increasing the number of compassionate appointments for the post of B.T.Assistants/Tamil Pandits and compassionate grounds – Filling as the post of specialist teachers in the identical scale of pay of Secondary Grade Teachers – Regarding.
Ref: 1. G.O.Ms.No.89, Education dated 6.2.96.
2. From the Director of Elementary Education letter No.507/EC3/95 dated 26.2.96.
3. Government letter No.6602/M2/95-9 dt.7.3.96.
4. Government letter No.6602/M2/95-12 dated 16.4.96.
5. From the Director of School Education letter No.26798/J2/94 dated 23.7.96.
-----
In the G.O. first cited orders have been issued permitting appointment to the post of Secondary Grade Teacher on compassionate grounds, restricting such appointment to 100 per year.
2. In Government letter third cited the Government permit the Director of School Education to make appointments on compassionate grounds for the post of School Assistants. The annual compassionate ground appointments to the category of School Assistants should be limited to 40(forty) in an academic year beginning with 1996 against vacancies existing, on a first come first served basis.
3. In continuation of the orders issued in Government letter third cited, Government now direct that the limitation of annual compassionate appointments to the category of B.T. Assistants be increased from 40 to 100 in an academic year against vacancies existing on first come first served basis.
4. The Government also permit the Director of School Education and Director of Elementary Education to make appointments on compassionate grounds for the post of Physical Education Teacher and Drawing Masters within the total number of post earmarked for Secondary Grade Teachers i.e. 100 per year as mentioned in the G.O. first cited.
(Sd)/-
http://www.judis.nic.in for Secretary to Government.
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gh®it: 1.muR foj v©.39924/¡ô/95-1 bjhêyhs® k‰W« ntiythŒ¥ò¤jJiw ehŸ.
2. j§fŸ foj v©.e.f.mm3/80710/97, ehŸ.11.0 2.1997.
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gh®itæš fhQ« j§fë‹ fo¤j¤Âš nfhçÍŸs és¡f§fSl‹ Ñœf©lthW bjëÎiufŸ gâ¡f¥g£LŸns‹.
11.10.1995« ehë£l muR foj v©.39924/¡ô1/95-š tH§f¥g£LŸs m¿Îiufë‹go murhd v©.20, bjhêyhs® k‰W« ntiy thŒ¥ò¤ Jiw 20.08.1995-š Mizæl¥g£LŸs muR Cêa®fŸ ÏJ _‹W M©LfS¡FŸ mtuJ thçRfŸ fUiz mo¥gilæš ãakd« nfhç é©z¥g« më¡f¥gl nt©L« v‹w ãgªjid 20.08.1995¡F K‹d® Ïwªj muR Cêa®fŸ thçRfS¡F bghUªjhJ ÏU¥ÃD«, mªj ne®Îfëš muR Cêa® Ïwªj gy M©LfŸ fê¤J fUiz mo¥gilæš gâ ãakd« nfhU« bghGJ, mt‰iw T®ªJ MŒÎ brŒahkš m¥gona V‰f¡ TlhJ. muR Cêa® Ïw¡F« bghGJ mtUila thçRfŸ ÁWtaÂduhf ÏUªJ mt®fŸ gŸëæW mšyJ nkšãiy¥gëŸ Ko¤j clndna gâ ãakd« nfhU« g£r¤Âš, m¤jifa neu§fëš fUiz mo¥gilæš ãakd« ã®zæ¡f¥g£LŸs Vida jFÂfis ãiwÎ brŒÍ« g£r¤Âš mt®fS¡F fUiz mo¥gilæš ãakd« më¡fyh« khwhf gŸëæW tF¥ò go¤J, nkšãiy¡ fšéiaÍ« Ko¤J Ã.V.,Ã.v°.Á./Ã.<., v«.Ã.v°., ngh‹w ca®fšé gæ‹W mj‹ Ëd® ãakd« nfhçdhš FL«g« t¿a ãiyæš Ïšiy vd KoÎ brŒJ m¤jifnahçæ‹ é©z¥g§fis V‰f nt©oašiy vd¡ fUjyh«.
j§fŸ c©ikÍŸs, x¥g« muR¤ Jiz¢ brayhsU¡fhf fUiz mo¥gilæš ãakd« brŒa é©z¥g¤Jl‹ mD¥g nt©oa rh‹WfŸ
1. kiwªj gâash® thçRfëläUªJ fUiz mo¥gilæš gânfhU« é©z¥g«, kiwªj gâahsç‹ Ïw¥ò¢ rh‹¿jœ(mrš).
2. gâ ãakd« nfhUgtç‹ fšé¤ jF rh‹¿jœ (mrš)
3. gâ ãakd« nfhUgtç‹ Ãwªj ehŸ rh‹W (mrš).
4. mirÍ«, mirah brh¤J F¿¤j t£lh£ÁaçläUªJ bgw¥g£l rh‹¿jœ c©blåš mÂèUªJ »il¡f¥bgW« M©L tUthŒ F¿¤j rh‹¿œ (mrš).
5. Ãw tUkhd« c©blåš mJ F¿¤j t£lh£Áa® rh‹¿jœ (mrš)
6. FL«g tUkhd« nghJkhdjhf Ïšiy v‹W« FL«g« tWik ãiyæš cŸsJ v‹gj‰F« t£lh£Áaç‹ rh‹¿jœ.
7. t£lh£ÁaçläUªJ http://www.judis.nic.in bgw¥g£l thçR rh‹¿jœ (mrš)
8. Ãw thçRfë‹ jilæšyh rh‹¿jœ (ÏtU¡F gâ ãakd« brŒa j§fS¡F jilnaJäšiy 157 v‹»w rh‹¿jœ-x›bthUtçläUüJ jå¤jåahf¥ bgw¥glš nt©L«. (mrš).
9. FL«g¤Âš ntW vtU« muR k‰W« jåah® Jiwæš gâòçaéšiy v‹gj‰fhd t£lh£Áa® rh‹¿jœ (mrš).
10. got« 17 gâahs® gâòçªj mYtyf¤Â‹ jiyt® mt®fë‹ rh‹bwh¥g¤Jl‹.
11. murhiz v©.29, bjhêyhs® k‰W« ntiy thŒ¥ò Jiw ehŸ. 07.09.80š F¿¥Ã£LŸs cWÂbkhê.
òåj #h®{ nfh£il br‹id-600 009.
gŸë¡ fšé (v«.2) Jiw foj v©.18261/v«.2/97-1, ehŸ.29.05.1997.
mD¥òd® ÂU.v«.V.bfsçr§f®, Ï.M.g., muR brayhs®.
bgWe® gŸë¡ fšé Ïa¡Fe®, br‹id-6.
Iah, bghUŸ: gŸë¡ fšé Jiw-jäœehL fšé rh®ãiy¥gâ-MÁça® gâæl§fëš fUiz mo¥gilæš ãakd« tH§f gâæl§fis ga‹gL¤Â¡ bfhŸs 1997-98« M©o‰F mDkÂ-rh®ghf.
gh®it: 1)murhiz ãiy v©.89, f.m.bjh.Jiw, ehŸ 06.02.1996.
2) muR foj v©.6602/v«.2/95-15, ehŸ.19.09.96.
3) j§fŸ foj v©.5464/n#2/97,ehŸ.02.05.1997.
gh®itæš fhQ« murhiz k‰W« foj§fS¡F j§fë‹ ftd« <®¡f¥gL»wJ. nk‰F¿¤j murhiz k‰W« muR¡ foj¤Âš xU M©L¡F (Annually) 100 gŸë cjé MÁça® fhè gâæl§fS¡F«, 100 Ïilãiy MÁça®fŸ, cl‰fšé MÁça® k‰W« Xéa MÁça® fhè¥ gâæl§fS¡F« fUiz mo¥gil ãakd« brŒayh« v‹W jh‹ muR Mizfëš F¿¥Ã£LŸsnj jéu F¿¥Ãlll M©L¡F k£L« jh‹ Ϫãakd§fŸ brŒa¥glyh« v‹W Tw¥gléšiy. x›bthU M©L¡F« fUiz mo¥gil ãakd¤Â‰F muÁl« jh§fŸ mDk nfhu¤ njitæšiy.
2. g£ljhç MÁça®, Ïilãiy MÁça®, Xéa MÁça® k‰W« cl‰fšé MÁçaU¡fhd fUiz mo¥gil ãakd§fis nk‰F¿¤j murhiz k‰W« muR¡ foj¤Âš F¿¥Ã£LŸs v©â¡if¡F äfhkš Jiwæš V‰gL« fhè¥ gâæl§fëš ãu¥ò«go j§fis¡ nf£L¡ bfhŸ»nw‹.
j§fŸ c©ikÍŸs, kÂnur«khŸ muR brayhsU¡fhf.
efš: bjhl¡f¡ fšé Ïa¡Fe®, br‹id-6 (jftY¡fhf) gŸë¡ fšé (v° ÃçÎ) Jiw, br‹id-6.
òåj #h®{ nfh£il br‹id-600 009.
gŸë¡ fšé (v«.1) Jiw http://www.judis.nic.in foj v©.6987/v«.1/97-2, ehŸ. 05.06.1997.
mD¥òd® ÂU.v«.V.bfsçr§f®, Ï.M.g., 158 muR bryhs®.
bgWe® gŸë¡ fšé Ïa¡Fe®, br‹id-6.
Iah, bghUŸ: fUiz mo¥gilæš ãakd«-ÂU.Ã.rÁFkh®, j/bg. v‹.bgh‹Drhä, Ïsãiy cjéahs® Ïizªj j£l¢r®-gâtu‹Kiw rh®ò.
gh®it: c§fŸ foj v©.36190/n#.4/96, ehŸ.19.09.1996.
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gh®itæYŸs foj¤Â‹go c§fë‹ ftd« bfhzu¥gL»wJ.
bgçag£o muR ca®ãiy¥ gŸëæš Ïilãiy MÁçauhf gâah‰¿¡ bfh©oUªj nghJ gâ¡fhy¤Âš 12.01.1977 m‹W kuzK‰w ÂU.v°.bgh‹Drhä, mtuJ thçRjhhuuh»a mtuJ kf‹ ÂU.Ã.rÁFkh® v‹gt® Rkh® 18 tUl§fŸ fê¤J fUiz mo¥gilæš 11.12.1995 Kjš Ïsãiy cjéahsuhf gâæš mk®¤j¥g£LŸsh®. gâ¡fhy¤Âš kuzkilÍ« xU muR Cêaç‹ FL«g« m‹dh® kuzkilªj cl‹ ãuhjuthd ãiyæzš él¥gLtjhš FL«g¤Â‹ t¿a Nœãiyia fU¤Âš bfh©L mtuJ kidé¡nfh mšyJ jFÂÍila _¤j thçR¡nfh fUiz mo¥gilæš gâ tH§f¥g£L tU»wJ. vdnt, Ï›thW 18 tUl« fê¤J fUizæ‹ mo¥gilæš filÁ kfD¡F gâ më¤j braš K‰¿Y« Kiwa‰w x‹whF«.
nkY« Ïwªjtç‹ Kjš kf‹ ÂU.g‹Ü®bršt«, v°.v°.vš.Á., tiu go¤JŸsjhf¡ F¿¥Ãl¥g£LŸsJ. mtU¡F muR Cêa® Ïwªj bghGJ Rkh® 26 taJ ÏU¡F«. vdnt, mt® 1977« M©onyna Ϥ£l¤Â‹ Ñœ ntiy bg‰¿U¡fyh«. mjid é£L mtç‹ filÁ rnfhju‹ mjhtJ Ïwªjtç‹ 8tJ ßis¡F ntiy bfhL¤j braš K‰¿Y« jtwhd brayhF«. xUtç‹ FL«g¤Âš všnyhU¡F« ntiy bfhL¡f nt©L« v‹gnjh mšyJ gy tUl§fS¡F ÃwF ntiy më¡f¥gl nt©L« v‹gnjh Ϥ£l¤Â‹ bfhŸif mšy. vdnt, kDjhuuh»a Â.Ã.rÁFkhiu gâÚ¡f« brŒÍ«goÍ« nkY« rçahf MŒÎ brŒahkš ntiy më¤j mÂfhç ÛJ xG§F elto¡if vL¡F«goÍ« nf£L¡ bfhŸ»nw‹. m¥go brŒÍ« nghJ Ïj‰F©lhd têKiwfis Ëg‰WkhW nf£L¡ bfhŸ»nw‹.
j§fŸ c©ikÍŸs, th.é#ay£Rä, muR brayhsU¡fhf.
jäœehL muR RU¡f« bghJ¥gâfŸ-gâæèU¡F« nghJ Ïa‰if vŒÂL« muR Cêa®fë‹ thçRfS¡F¡ fUiz mo¥gilæš gâ ãakd« më¥gJ-c¢r tu«ò 40-èUªJ 50-Mf ca®¤Jjš MizfŸ btëæl¥g£ld.
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bjhêyhs® k‰W« ntiythŒ¥ò (¡ô1) Jiw
murhiz (ãiy) v©.83 ehŸ.13.06.1997
go¡f¥g£lJ:
gh®it: 1.murhiz v©.120, bjhêyhs® & ntiythŒ¥ò, ehŸ.26.06.1995.
2. murhiz v©.39924/¡ô1/95-1, bjhêyhs® & ntiythŒ¥ò Jiw, ehŸ.11.10.1995.
******** Miz:
fUiz mo¥gilæš ntiy tH§F« £l¤Â‹go gâæèU¡F« bghGJ Ïwªj muR Cêaç‹ kidé gâ ãakd« bgWtj‰fhd c¢r taJ tu«ò 50 tUl§fshF«. Mdhš bg© muR Cêa® Ïwªjhš mtuJ fzt® Ϥ£l¤Â‹go ntiy bgWtj‰fhd c¢r taJ tu«ghd 40 tUl§fŸ v‹gJ kh‰w¥gléšiy. xnu ãiyæš cŸs ÏUtU¡F khWg£l Ïu©L tifahd c¢r taJ ÏU¥gij kh‰¿ mik¡F« bghU£L kidéia ÏHªj fztU¡F fUiz mo¥gilæš ãakd« bgWtj‰fhd c¢r taJ tu«Ãid eh‰gjèUªJ I«gjhf ca®¤j muR KobtL¤JŸsJ. http://www.judis.nic.in nkY«, I«gJ ta‰FŸ Ïayhikæš fhuzkhf kU¤Jt ßÂæš xŒÎ bg‰w (Retired on Medical 159 Invalidation) muR Cêaç‹ fzt®/kidé M»nah® fUiz mo¥gilæš ãakd« bgWtj‰fhd taJ tu«Ãid 50-Mf ã®za« brŒa muR KobtL¤JŸsJ.
2. nkny g¤Â 1-š F¿¥Ãl¥g£l KoÎfëš KoÎfë‹ mo¥gilæš muR Ñœf©lthW MizæL»‹wJ.
1. gâæèU¡F« bghGJ ÏwªJ nghd bg© muR mYtyç‹ fzt® fUiz mo¥gilæš ãakd« bgWtj‰fhd mÂf g£r taJ 40-èUªJ 50-Mf ca®¤j¥gL»‹wJ. k‰W«.
2. 50 ta‰FŸ Ïayhikæ‹ fhuzkhf kU¤Jt ßÂæš muR¥ gâæèUªJ XŒÎ bg‰w (Retired on Medical Invaldation) muR Cêaç‹ fzt®/kidé M»nah® fUiz mo¥gilæš ãakd« bgWtj‰fhd mÂf g£r taJ tu«ò 50-Mf ã®zæ¡f¥L»wJ.
Ϥ£l¤Â‹ Ñœ j‰bghGJ eilKiwæš cŸs Vida mid¤J éÂfS« Ϫj Mizædhš ga‹ bgwéU¡F« eg®fë‹ bghU£L bjhl®ªJ mDrç¡f¥gl nt©L« vdΫ muR MizæL»wJ.
3.nkny g¤Â 2-Ïš btëæl¥g£LŸs Mizæ‹ Ï›turhiz btëæL« ehŸ Kjš mkY¡F tU«.
(MSeç‹ Miz¥go) njngªÂueh¤ rhu§», muR¢ brayhs® bgWe® jiyik¢ brayf mid¤J¤ JiwfŸ, Miza®, ntiythŒ¥ò k‰W« gæ‰Á¤ Jiw, br‹id-600 005. mid¤J¤ Jiw¤ jiyt®fŸ, mid¤J kht£l M£Áa®fŸ.
gÂths®, ca®ÚÂkdw«, br‹id-600 0104.
brayhs®, jäœehL muR gâahs® nj®thiza«, br‹id-600 002. khãy¡ fz¡fha®, br‹id-600 018.
mid¤J kht£l fUñy¤ jiyt®fŸ, mid¤J r«gs¡ fz¡F mYty®fŸ, jäœehL r£l¥ nguit¢ brayf«, br‹id-600 009.
Kjyik¢rç‹ bray®, br‹id-600 009.
mid¤J mik¢r®fë‹ KJãiy ne®Kf cjéahs®fŸ, br‹id-600 009, ÏU¥ò¡ nfh¥ò/cÂç efš.
Miz¥go/mD¥g¥gL»wJ.
X¥g« ÃçÎ mYty® 16.06.1997 jäœehL muR RU¡f« bghJ¥gâfŸ-fUiz mo¥gilæš gâ ãakd«-eh£L¥ ghJfh¥ò fU nghçš <Lg£lbghGJ Ïa‰if vŒÂa/clš CdK‰w ghJfh¥ò gil Åu®fë‹ kidé/kf‹/kzkhfhj kfŸ M»nahU¡F jäœehL muR¥ gâahs® nj®tiza¤Â‹ tu«Ã‰F£g£l gjéfëš ãakd«-ÂU¤Âa Miz btëælš.
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bjhêyhs® k‰W« ntiythŒ¥ò (¡ô1) Jiw
muR Miz (ãiy) v©.93 ehŸ.30.06.1997
go¡f:
gh®it: 1.murhiz ãiy v©.1083, bjhêyhs® k‰W« ntiythŒ¥ò, ehŸ.18.12.1976.
2. murhiz (ãiy) v©.164, bjhêyhs® k‰W« ntiythŒ¥ò Jiw, ehŸ.22..08.1995.
******** Miz:
ika muÁ‹ m¿Îiuæ‹ mo¥gilæš ÏuhQt¤Â‹ gâòçÍ« jäœeh£il¢ nr®ªjt®fŸ eh£o‹ ghJfh¥ò gâæš <LgL« bghGJ Ïw¡f neç£lhnyh mšyJ gâ0ah‰w Koahj tifæš http://www.judis.nic.in clš CdK‰whnyh mt®fë‹ thçRfS¡F fUiz mo¥gilæš jäœehL muR mYtyf§fëš jäœehL muR¥ gâahs® nj®thiza¤Â‹ tu«Ã‰F£glhj gjéfëš k£Lnk gâ ãakd« tH§f 160 Kjèš gh®it 1š go¡f¥g£LŸs murhiz _y« MizfŸ tH§f¥g£ld.
2. muR¥ gâæš ÏU¡F« bghGJ Ïw¡f neçL« muR¥ gâahs®fë‹ thçRfS»F jäœehL muR¥ gâahs® nj®thiza¤Â‹ tu«Ã‰F£g£l gjéfëš fUiz mo¥gilæš gâ ãakd« tH§f¥gLtJ nghynt, ÏuhQt¤Âš gâòçÍ« jäœeh£il¢ nr®ªjt®fŸ ghJfh¥ò gâæš <LgL« bghGJ Ïw¡f neç£lhnyh mšyJ gâah‰w Koahj tifæš clš CdK‰whnyh mt®fë‹ thçRfS¡F« fUiz mo¥gilæš jäœehL muR¥ gâahs® nj®thiza¤Â‹ tu«Ã‰F£g£l gjéfëš gâ ãakd« tH§f gçÓyid brŒÍkhW K‹dhš gilÅu® ey Ïa¡f¤ÂUªJ tªj nfhç¡ifæid V‰W, gh®it 2-š go¡f¥g£l murhiz _y« j¡f MizfŸ tH§f¥g£ld.
3. j‰nghJŸs murhizfë‹go nghçš Ïwªjt®fŸ /clš CdK‰nwh®fŸ M»nahçf‹ thçRfŸ midtU¡F« K‹dhŸ gilÅu® ey Ïa¡ff« k‰W« mj‹ f£L¥gh£oš cŸs mYtyf§fëš fUiz mo¥gilæš gâ ãakd« më¡f ÏayhJ v‹gjhš mt®fS¡F cldoahf ntiy më¡f nt©o cça bjëÎiufŸ tH§f¥glyh« v‹W muR KoÎ brŒjJ. Ïj‹ mo¥gilæš Ñœ¡fhQ« eilKiwia Ëg‰wyh« v‹W muR MizæL»wJ.
m) ghJfh¥ò gâæ‹ nghJ c殪j/clš CdK‰w jäœeh£il¢ nr®ªj ÏuhQt Åu®fë‹ thçRfŸ jäœehL muR¥ gâahs® nj®thiza¤Â‰F£g£l gâæl§fëš gâòça j§fsJ é©z¥g§fis mt®fŸ neçilahf ntiythŒ¥ò k‰W« gæ‰Á¤Jiw MizaU¡F mD¥g nt©L«.
M) ntiythŒ¥ò k‰W« gæ‰Á¤ Jiw Miza® Ïsãiy cjéahs®/j£l¢r® ngh‹w bghJthd gjéfë‹ (General Catefories) fhèæl§fŸ g‰¿a égu¤Âid Jiw¤jiyt®fŸ k‰W« kht£l M£Áa®fëläUªJ bg‰W, mjdo¥gilæš r«kªj¥g£lt®fë‹ é©z¥g§fis gâæl« fhèahf cŸs Jiw¡F gâãakd« tH§f mD¥g nt©L«. r«gªj¥g£l ãakd mYty®fŸ, cæ®Ú¡f/clš CdK‰w ÏuhQt Åu®fë‹ FL«g¤Â‹ t¿a ãiyæid f©l¿ªJ gâãakd« tH§»l nt©L«. mj‹ Ëd® ãakd mYyt®, j§fŸ Jiw¤ jiyt® thæyhf jiyik¢ brayf¤Âš cŸs r«kªj¥g£l Jiw¡F mtç‹ gâæid tu‹Kiw brŒa nt©o K‹bkhêÎfis mD¥Ãl nt©L«.
(MSeç‹ Miz¥go) njngªÂueh¤ rhu§» muR¢ bray® bgWe® Ïiz Ïa¡Fe®, K‹dhŸ gilÅu® ey«,22, irl‹ Ah«° rhiy, br‹id-600 003.
ntiythŒ¥ò k‰W« gæ‰Á¤Jiw Miza®, br‹id-5.
jiyik¢ brayf¤Â‹ mid¤J JiwfŸ, br‹id-9.
mid¤J¢ bray®fŸ, jiyik¢ brayf«, br‹id-9.
mid¤J¤ Jiw¤ jiyt®fŸ.
mid¤J kht£l M£Áa®fŸ.
bghJ (K‹dhŸ gilÅu® ey«) Jiw, br‹id-9.
gâahs®(k‰W«) ã®thf Ó®ÂU¤j (í) Jiw, br‹id-9. khãy fz¡fhs®, br‹id-600 018.
khãy fz¡fhs® (jâ¡if), br‹id-600 035.
brayhs®, jäœehL muR gâahs® nj®thiza«, br‹id-02. Ïa¡Fe®, fUñyf¤ Jiw, br‹id-600 035.
mid¤J kht£l fUñyf¤ jiyt®fŸ.
mid¤J r«gs¡ fz¡F mYtyf®fŸ.
/Miz¥go mD¥g¥gL»wJ/
r.gHåa¥g‹,
ÃçÎ mYty® 16.7.97
jäœehL muR
http://www.judis.nic.in RU¡f«
bghJ¥gâfŸ-gâæš ÏU¡F« nghJ Ïa‰if vŒÂL« muR Cêa®fë‹ thçR-kf‹/kzkfhj kfŸ, j¤J vL¤j kf‹/j¤J vL¤j kzkhfhj kfŸ, Mjut‰w éjit kfŸ/fztuhš ifél¥g£l 161 kfŸ M»nahU¡F fUiz mo¥gilæš gâ ãakd« tH§Fjš-mÂfg£r taij 30-èUªJ 35 Mf ca®¤Â MizfŸ-btëæl¥gL»wJ.
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bjhêyhs® k‰W« ntiythŒ¥ò (¡ô1) Jiw
muR Miz (ãiy) v©.9 ehŸ.19.01.1998
go¡f¥g£lJ:
gh®it: 1.murhiz ãiy v©.1579, bjhêyhs® k‰W« ntiythŒ¥ò, ehŸ.21.07.1981
2. murhiz (ãiy) v©.120, bjhêyhs® k‰W« ntiythŒ¥ò Jiw, ehŸ.26.06.1995.
******** Miz:
gâæèU¡F« bghG Ïa‰if vŒÂL« muR gâahs®fë‹ thçRfS¡F fUizæ‹ mo¥gilæš gâ ãakd« tH§f« £l« 1972-š bjhl§f¥g£l bghGJ fUiz mo¥gilæš ãakd« bgw kf‹/kzkhfhj kfŸ M»nahU¡F ca®ªjg£r taJ 30 vdΫ éjitaU¡F 31 vdΫ ã®za« brŒa¥g£lJ. ÏWÂahf 1995-š éjit k‰W« kidéia ÏHªj fzt® M»nahç‹ c¢r tu«ò 40-èUªJ 50-Mf ca®¤Â Mizæl¥g£lJ.
2. j‰nghJ eilKiwæYŸs muR gâ éÂfë‹go (Service Rules) gšntW gâfS¡F« c¢r taJ tu«ghf 20 Kjš 35 tiu cŸsJ. vdnt kf‹/kzkhfhj kfŸ M»nah® fUiz mo¥gilæš gâ ãakd« bgw ã®zæ¡f¥g£LŸs c¢r taJ tu«Ãid 30-èUªJ 35-Mf ã®za« brŒa muR KobtL¤JŸsJ.
3. nkny g¤Â 2-š F¿¥Ãl¥g£l KoÎfë‹ mo¥gilæš Ïwªj muR Cêaç‹ kf‹/kzkhfhj kfŸ/j¤J vL¤J kf‹/j¤J vL¤j kzkhfhj kfŸ, Mjtu‰w éjit kfŸ, fztuhš ifél¥g£l kfŸ M»nahç‹ fUiz mo¥gilæš gâ ãakd« bgWtj‰F mÂf g£r taij 30-èUªJ 35-Mf ca®¤Â Miz Ãw¥Ã¡f¥gL»wJ.
4. Ϥ£l¤Â‹ Ñœ j‰nghJ eilKiwæš cŸs Vida mid¤J éÂfS§k Ϫj Mizædhš ga‹ bgwéU¡F« eg®fë‹ bghU£L bjhl®ªJ filÃo¡f¥gl nt©L« v‹W« muR MizæL»wJ.
5. nkny g¤Â 3-š btëæl¥g£l MizfŸ Ï›turhiz btëæl¥g« ehŸ Kjš mKY¡F tU«.
(MSeç‹ Miz¥go) njngªÂeh¤ rhu§» muR¢ brayhs® bgWe® jiyik¢ brayf mid¤J¢ JiwfŸ, Miza®, ntiythŒ¥ò k‰W« gæ‰Á¤ Jiw, br‹id-05.
mid¤J¤ Jiw¤ jiyt®fŸ, mid¤J khtl M£Áa®fŸ.
gÂths®, ca®ÚÂk‹w«, br‹id-104.
brayhs®, jäœehL muR gâahs® nj®thiza«, br‹id-2. khãy¡ fz¡fha®, br‹id-18.
mid¤J kht£l fUñy¤ jiyt®fŸ.
mid¤J r«gs¡ fz¡F mYty®fŸ.
jäœehL r£l¥nguit¢ brayf«, br‹id-9.
Kjyik¢rç‹ bray®, br‹id-9.
mid¤J mik¢r®fë‹ KJãiy ne®Kf cjéahs®fŸ, br‹id-9. gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤ (v°.Á.£o) Jiw, br‹id-.9 /Miz¥go mD¥g¥gL»wJ/ r.gHåa¥g‹ ÃçÎ mYty® 19.01.1998.
jäœehL muR http://www.judis.nic.in bjhêyhs® k‰W« ntiythŒ¥ò (¡ô1.) Jiw foj v©.4528/¡ô.1/98-1-------------------- Ÿ. 26.03.1998.
162mD¥òe® ÂU.njngªÂueh¤ rhu§», Ï.M.g., muR bray®.
bgWe® jiyik¢ brayf mid¤J¤ JiwfŸ.
Áw¥ò Miza®, ntiythŒ¥ò k‰W« gæ‰Á¤Jiw, br‹id-600 005. mid¤J kht£l M£Áa®fŸ.
mid¤J¤ Jiw¤ jiyt®fŸ.
gÂths®, ca®ÚÂk‹w«, br‹id-600 104.
brayhs®, jäœehL muR¥ gâahs® nj®thiza«, br‹id-600 002. khãy fz¡fhs®, br‹id-600 018.
mid¤J kht£l fUñy¤ jiyt®fŸ.
mid¤J r«gs fz¡F jiyt®fŸ.
mid¤J r«gs¡ fz¡F mYty®fŸ.
jäœehL r£lk‹w nguit¢ brayf«, br‹id-9.
gâahs® k‰W« ã®thf Ó®ÂU¤j (í) Jiw, br‹id-9.
gâahs® k‰W« ã®thf Ӯ¤j (v°) Jiw, br‹id-9.
Iah, bghUŸ: bghJ¥gâfŸ-gâæš ÏU¡F« bghGJ Ïa‰if vŒÂL« muR Cêa®fë‹ thçR-kf‹/kzkhfhj kfŸ, j¤J vL¤j kf‹/j¤J vL¤j kzkhfhj kfŸ, Mjut‰w éjit kfŸ/fztuhš ifél¥g£l kfŸ, fUiz mo¥gilæš gâ ãakd mÂfg£r taJ 30 èUªJ 35 Mf ca®¤Â MizfŸ btëæl¥g£lJ-ÂU¤j§fŸ-btëæl¥gL»wJ. gh®it: murhiz (ãiy) v©.9, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ.19.01.1998.
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gh®itæš fhQ« murhiz v©.9, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ.19.01.1998-š btëæl¥g£l murhizfë‹go Ïwªj muR mYtyç‹ kzkhfhj kf‹/kzkhfhj kfŸ M»nah® fUiz mo¥gilæš gâãakd« bgWtj‰fhd mÂfg£r taJ tu«Ãid 30èUªJ 35 Mf ca®¤Â Mizæl¥g£LŸsJ. m›turhizæ‹go 19.01.1998¡F¥ Ëd® Ïwªj muR Cêaç‹ kf‹/kzkhfhj kfŸ M»nah® k£Lnk Ϥ£l¤Â‹ Ñœ 35 taJ tiu ãakd« bgw¤ jF cilat®.
j§fŸ c©ikÍŸs, r.gHåa¥g‹,27.03.1998.
muR brayU¡fhf jäœehL muR RU¡f« jäœehL gŸë¡ fšé rh®ãiy¥ gâ-ijaš MÁça® k‰W« Ïir berÎ MÁça®fŸ-gâæl§fis ãu¥òjš muR Miz btëæl¥gL»wJ.
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gŸë¡ fšé¤ (v«.1) Jiw.
murhiz ãiy v©.132 ehŸ.27.04.1998
go¡f:
gŸë¡ fšé Ïa¡Feç‹ foj v©.66404/or22/93 ehŸ. 15.11.1996 k‰W« 31.03.1997.
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Miz:
16.12.1992-š eilbg‰w ( ) MŒé‹ nghJ Xéa« k‰W« cl‰fšé MÁça® gâæl§fis¤ j鮤J Vida if¤bjhêyhÁa® (1) étrha« (2) j¡f ntiy (3) berÎ, ifahÁça® k‰W« ijaš MÁça® gâæl§fis ÏåtU« eh£fëš ãu¥gyhfhJ vd Ô®khå¡f¥g£lJ. nkY« khãy fz¡F¤ jiyt® jâ¡if m¿¡ifæš nk‰f©l Áw¥ghÁça®fS¡bfd gæ‰Wé¥gj‰fhd http://www.judis.nic.in jsthl¥ bghU£fŸ ( ) Ïšyhj ãiyæš bjhê‰fšé¥ gâ¡F¥ gÂyhf vG¤j® gâ brŒa nt©oa Nœãiy k‰W« nkšãiy¥ gŸëfëš bjhê‰fšé ( ) f‰Ã¡f¥gLtjhš 163 Ï¥gâæl§fŸ ãu¥g¥gl nt©oaj‹ mtÁa« F¿¤J MŒÎ brŒa¡ nfhçajhY« MÁça® khzt® é»jh¢rhu« F¿¤J MŒÎ brŒa mik¡f¥g£l ca®k£l¡FGéd® gçªJiu bgw¥glhj ãiyæY« Ïir k‰W« ijayhÁça® ngh‹w Áw¥ghÁça® ãakd« F¿¤J muR jil é¤ÂUªjJ. Ï›thÁça® gâæl§fŸ 1992-š ÏUªJ ãu¥g¥glhkš ÏUªjJ.
2.if¤bjhêš, berÎ, Ïir k‰W« Ïju Áw¥ghÁça® gâæl§fŸ (cl‰fšé fiy Ú§fyhf) ãu¥òkhW gšntW ÃçÎfëèUªJ nfhç¡iffŸ bg‰Wé£ljhY«, if¤bjhêš khzt®fS¡F äfΫ Ï‹¿aikahjjhf ÏU¥gjhY« Ï¥gâæl§fëš ãu¥g cŸs jilæid éy¡», murhš x¥gë¡f¥g£L ( ) fhèahf cŸs gâæl§fis 97-98 fšéah©o‹ ãu¥g muR Miz tH§F«go gŸë¡ fšé Ïa¡Fe® muir¡ nf£L¡ bfh©LŸsh®.
3. gŸë¡ fšé Ïa¡Feç‹ fU¤JUéid e‹F MŒÎ brŒJ, Áw¥ghÁça® (ijaš MÁça® k‰W« Ïir MÁça®) k‰W« Ïir MÁça®) ãakd« F¿¤J ÏUªJ tªj jilia muR Ú¡F»wJ. Ïir MÁça®/ijaš MÁça® M»a ÏU tifæyhd Áw¥ò MÁça® fhè¥gâæl§fis 68 ÏirahÁça® gâæl§fisÍ«, 100 ijayhÁça® gâæl§fisÍ« 1998-99 fšéah©oš ãu¥g muR mDk tH§F»wJ. 250 k‰W« mj‰F nkš khzéa® v©â¡if cŸs gŸëfëš k£L« Ϫj¥gâæl§fis (168) ãu¥g muR mDk tH§F»wJ. k‰w if¤bjhêš MÁça® gâæl§fS¡F Ϫj mDk bghUªjjhJ.
4. Ï›turhiz ã¤Jiwæš mYtš rh®g‰w F¿¥ò v©.26533/fšé/98-1 ehŸ.20.04.1998 x¥òjYl‹ btëæl¥gL»wJ.
(MSeç‹ Miz¥go) v«.V. bfsçr§f® muR¢ brayhs®.
/c©ik efš/ GOVERNMENT OF TAMIL NADU Abstract Public Services – compassionate ground appointments – Recruitment of dependants of Defence Personnel – Killed/disabled in action of died in harness to the posts outside/within the purview of the Tamil Nadu Public Service Commission – Orders – Issued – Amendments – Issued.
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Labour and Employment Department.
G.O.Ms.No.70 Dated: 2.7.1998.
Read:-
1. G.O.Ms.No.1083, Labour and Employment Department, dated 18-12-1976.
2. G.O.Ms.No.164, Labour and Employment, dated 22.8.1995.
Read also:-
3. From the Additional Director, Directorate of Ex-servicement's Welfare, Lr.No.18495/95/C1, dated 6.5.97.
****** ORDER:-
The following Amendments are issued to G.O.Ms.No.1083, Labour and Employment Department, dated 18.12.1976 and G.O.Ms.No.164, Labour and Employment Department, dated 22.8.1995.
AMENDMENT-I In para 3 of G.O.Ms.No.1083, Labour and Employment Department, dated 18.12.76 the existing words viz., “Sons/Unmarried daughters/widows near relative who would take care of the family” shall be deleted. In their place the following words shall be substituted.- http://www.judis.nic.in “Widows/son/Unmarried daughter/adopted son/adopted Unmarried daughter/deserted daughter/destitute widowed daughter”.
164AMENDMENT-II In para 3 of G.O.Ms.No.164, Labour and Employment Department, dated 22.8.1995, the existing words viz., “Sons/Unmarried daughter/widows/near relative who would take care of the family” shall be deleted. In their places the following words shall be substituted.-
“Widows/son/Unmarried daughter/adopted son/adopted Unmarried daughter/deserted daughter/destitute widowed daughter”.
The Amendments issued shall take effect from the date of issue of the Government Order.
(By Order of the Governor) S.P.ELANGOVAN SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU ABSTRACT Public Services – Employment Assistance to the dependants of missing Government Servants under compassionate grounds- Orders – Issued.
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LABOUR AND EMPLOYMENT (Q) DEPARTMENT
G.O.(Ms).No.78 Dated : 17.7.1998
Read :
1. G.O. (Ms) No.225, Labour and Employment dated 15.2.1972.
2. G.O. (Ms) No.560, Labour and Employment Department, dated.3.8.1977.
3. G.O. (Ms) No.23, Labour and Employment Department, dated.10.2.1993.
4. G.O. (Ms) No.120, Labour and Employment Department, dated.26.6.1995.
5. G.O. (Ms) No.83, Labour and Employment Department, dated.13.6.1997.
6. G.O. (Ms) No.9, Labour and Employment Department, dated.19.1.1998. ORDER:
In the Government order first read above, the scheme of compassionate ground appointment was first introduced in the year 1972 with a view to give immediate relief to the family of the Government Servants who died while in service. The Government have also issued various orders from time to time extending the scope of the scheme to various categories of posts.
2. In the meantime, the Government have been receiving applications from the dependants of the missing Government Servants seeking employment under compassionate grounds. As the family of the missing Government Servant will also facing the same financial crisis as faced by the family of the deceased Government Servant, the Government have examined the requests in detail and considered it necessary to extend the scheme of compassionate grounds appointments to the dependants of missing Government Servants also. The Government accordingly direct that the scheme of providing employment assistance be extended to the dependants of the missing Government Servants also. The following procedures shall be followed:-
i. The legal heirs or dependants of a missing Government Servants may be considered only when a competent Court declares that the missing Government Servant is dead in view of the provisions of Sections 107 and 108 of the Indian Evidence Act, 1872.
ii. The application seeking appointment under the scheme should be made within three years from the date of declaration made by the competent Court declaring the missing Government Servant as dead.
http://www.judis.nic.in iii. The other conditions stipulated under scheme of compassionate grounds and also 165 the conditions issued from time to time are also applicable to these cases and they are eligible to get appointment in the post for the educational qualification possessed by them.
(By order of the Governor) S.P.ELANGOVAN SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU ABSTRACT Public Services - Employment assistance to the dependants of Government servants dying, in harness-consideration of Unmarried brother/Unmarried sister of the unmarried deceased Government servant as “near relative” - Orders - Issued.
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LABOUR AND EMPLOYMENT (Q -1) DEPARTMENT G.O.Ms.No.134 Dated 22.10.1998 G.O.Ms.No.560, Labour and Employment Department, Dated; 3.8.1977.
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ORDER:
In the Government order read above orders were issued, among others, defining the term “near relative” as brothers/sisters of the deceased Government Servants should be excluded for the purpose of providing employment assistance under Compassionate grounds.
2. Now the Government have examined the question of providing employment assistance to the unmarried brothers and unmarried sisters of the Unmarried deceased Government servants in detail and decided to provide employment assistance under Compassionate ground to them also.
Accordingly the Government direct that the term “near relative” includes unmarried brother/unmarried sister of the unmarried deceased Government servant who dies in harness while in service. Appointments in such cases shall be given before they attain the age of 35 years on the date of his/her, Unmarried brother/unmarried sister and the appointing authorities should adhere to other conditions prescribed under the scheme and they should also ensure before giving employment assistance in such cases that the applications are received within a period of three years from the date of death of the Government Servant. The above order shall take effect from the date of this order i.e. the date of death of the deceased Government Servant should have occurred on and after the issue of this order.
(BY ORDER OF THE GOVERNOR) S.P.ELANGOVAN, SECRETARY TO GOVERNMENT http://www.judis.nic.in To 166 The Director of Employment and Training Chepauk, Chennai – 600 005. The All Departments of Secretariat, Chennai – 600 009. The P&A.R. Department - Chennai - 600 009 The Finance C-DPE) Departnent, Chennai - 600 009 All Sections in Labour and Employment Department, Chennai – 600 09. All Heads of Depatments.
The Accounant General, Chennai -18.
The Director of Treasuries and Accounts, Chennai – 600 015.
/Forwarded by order/ SECTION OFFICER GOVERNMENT OF TAMIL NADU ABSTRACT Public Services-Employment assistance to the dependants of Government Servants who die in harness – Appointment to the post of Junior Assistant, Typist and Steno-typist under Compassionate Grounds-Regularisation of service-Delegation of Powers to Heads of Department – Orders issued in G.O.Ms.No.143, Labour and Employment, dated 11.11.1998-Cancellation- Orders issued.
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LABOUR AND EMPLOYMENT DEPARTMENT
G.O.MS No.17 Dated : 7.7.03
Read :-
1. G.O. M.s. No. 225, Labour Department, dated 15.2.1972
2. G.O. M.s. No. 560, Labour and Employment Department , dated 03.08.1977
3. G.O. M.s. No. 1119, Labour and Employment Department, dated 20.05.1981
4. G.O. M.s. No. 73 Employment Servic Department, dated 26.10.1983
5. G.O. M.s. No. 120 Labour and Employment Department, dated 26.06.1995
6. G.O. M.s. No. 143, Labour and Employment Department, dated 11.11.1998
7. From the Tamil Nadu Public Service Commission Letter No. 9366 / CD-A4/98 dated 31.03.1999 ORDER In the G.O. sixth read above, orders have been issued delegating powers to the Heads of Department/Appointing authorities to make temporary appointment in the posts of Junior Assistant, Typists and Steno-typist in the first in under compassionate ground if no relaxation of rules are involved. After making such temporary appointments the appointing authority should send necessary proposals to the Department for their regular appointment. The Heads of Department after http://www.judis.nic.in examining the proposal shall issue necessary orders for regularising the services, if no relaxation of 167 are involved. It was also ordered therein that the proceed of obtaining concurrence under Regulation 16(b) of the Tamil Nadu public Service Commission Regulations, 1954 be dispense within the case of appointment made on compassionate grounds.
2. The Tamil Nadu Public Service Commission in the letter seventh read above has stated that the posts of Junior Assistant, Typists and Steno—typists are within the purview of the Commission and that if Heads of Department are delegated with the powers of regularisation without any checking either at the level of the Government or at the level of the Commission the purpose of the scheme of compassionate ground appointment will be defeated. The Commission feels that the orders issued in G.O. sixth read above in the long run create unnecessary complications and likely to be questioned in the Court of Law as unconstitutional and violative of Article 14,16 and 320 of the constitution and requested to re-examine in detail in the light of the facts stated above and pass the appropriate order.
3. The Government have carefully examined the views of the Commission and decided to withdraw the orders issued in the G.O.Ms.No.143, Labour and Employment, dated 11.11.1998. The Government accordingly direct that the orders issued in above G.O. be cancelled forthwith. The appointing authorities are instructed to follow the procedure hitherto in existence prior to the issue of the above G.O. and send necessary proposals to the Government in the respective Administrative Department in Government through the Heads of Departments for obtaining the concurrence of the Tamil Nadu Public Service Commission for regular appointment for the posts which fall within the purview of Tamil Nadu Public Service Commission.
4. This order issues with the concurrence of Personnel and Administrative Reforms Department vide its U.O.5805/G/2003-1 dated 4.2.2003.
(BY ORDER OF THE GOVERNOR) M.B. PRANESH, PRINCIPAL SECRETARY TO GOVERNMENT GOVERNMENT OF TAMILNADU ABSTRACT Public Services— Employment assistance to the dependants of Government Servants who die in harness, Appointment to the post of junior Assistant, Typist and Steno-Typist under Compassionate Grounds – Regularisation of service – Delegation of Powers to the Heads of Departments-Orders- Issued.
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http://www.judis.nic.in
LABOUR AND EMPLOYMENT (Q.I) DEPARTMENT
168
G.O.Ms.No.143 Dated 11.11.1998
Read.: -
1.G.O.Ms.No.225 labour Department dated 15 .2 .1972
2.G.O.Ms.No. 560, Labour and Employment Department dated 3.8.1977
3. G.O. Ms. No. 1119, Lanbour and Employment Department dated 20.05.1981
4. G.O. Ms. No. 72 Employment Services Department Dated 26.10.1983
5. G.O.Ms.No.120, Labour and Employment Department dated 26.06.1995.
Read also:-
6. From the Secretary, Tamil Nanu Public Service Commission letter No.5777/CD-A4/96 dated 31.12.97.
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ORDER:
In the Government Order first read above, the scheme of appointment under Compassionate Ground was introduced in the year 1972 for the purpose of providing employment assistance to the dependents of deceased Government Servants who die in harness leaving his/her family in indigent circumstances for the posts which fall outside the purview of the Tamil Nadu Public Service Commission. Lateron in the Government orders 2nd, 3rd and 4th read above, the appointing authorities empowered to make temporary appointments in respect of the post fall within the purview of Tamil Nadu Public Service Commission and non-technical posts under the scheme. They were also instructed to send necessary proposals to the Government in the respective Administrative Department in Government through their Heads of Department for obtaining the concurrence of the Tamil Nadu Public Service Commission for regular appointment in these posts which falls within the purview of Tamil Nadu Public Service commission and on consultation with the Labour and Employment Department and Personnel and Administrative Reforms Department in Government.
2. Of late the Government have noticed considerable delays in regularising the services of those who were appointed in the post of Junior Assistant, Typist and Steno Typist under the Scheme. In order to avoid such delays, the Government have decided to delegate powers to the Heads of Departments for regularising the Services, of those appointed in the post of Junior Assistant, Typist, Steno-Typist which falls within the purview of the Tamil Nadu Public Service Commission.
http://www.judis.nic.in
3. The Tamil Nadu Public Services Commission which was consulted has suggested to send 169 the proposals under the scheme direct to the Commission instead of sending it through Government and the Heads of Departments deal such proposals with the Commission.
4. The Government have examined the proposals and decided to delegate the powers to the Heads of Departments and accordingly direct that the appointing authorities are empowered to make temporary appointments in the posts of Junior Assistant, Typist and Steno Typist in the first instance under the scheme in the case of deaths of the Government Servants occurred on and after 26.6.95 as ordered in the Government order 5th read above, if there is no relaxation of rules are involved. After making such temporary appointments the appointing authorities should send necessary proposals to the Heads of Departments for their regular appointment. The Heads of Department after obtaining and examining the proposals received from the appointing authorities shall issue necessary orders for regularising the services of those appointed under the scheme in the post of Junior Assistant, Typist and Steno-Typist. The procedure of obtaining concurrence under Regulation 16(b) of the Tamil Nadu Public Service Commission 1954 be dispensed with the case of appointment made on compassionate grounds. If there is any relaxation of rules are involved, the Heads of Departments after obtaining the proposals from the appointing authorities should send necessary proposals to the Government for issuing orders by the Administrative Department of the Government. The appointing authorities while making such temporary appointments should scrupulously follow the orders issued by the Government in Labour and Employment Department hitherto. If the appointing authorities have required any clarifications under scheme, they should be got clarified from the Government through their Head of Departments and they should not act on their own accord based on assumptions and presumptions as the appointments once made will be difficult to be terminated and in such cases the appointing authorities are liable for disciplinary action under Tamil Nadu Civil Services (Disciplinary and Appeal) Rules, 1955.
5. Necessary amendments to the Tamil Nadu Public Service Commission Regulations 1954 will be issued by the Personnel and Administrative Reforms (M) Department separately.
6. The above orders shall take effect from the date of issue of this order.
(BY ORDER OF THE GOVERNOR) S.P. ELANGOVAN, SECRETARY TO GOVERNMENT.
RU¡f« jäœehL mik¡f¥ gâ-gŸë¡ fšé¤Jiw-cjéahs®fS¡fhf gjé ca®¤j¥g£l j£l¢r®fis Kiwahf gâæl« tH§fš-fhè¥ gâæl§fis fUiz mo¥gilæš ãakd« bgw fh¤ÂU¥ngh® g£oaèYŸst®fŸ bfh©L ãu¥òjš-Miz btëæl¥gL»wJ. http://www.judis.nic.in
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gŸë¡ fšé (M.2) Jiw
170
murhiz (ãiy) v©.425 ehŸ.30.11.1998
go¡f¥g£lit:
1.murhiz ãiy v©.595 ã¤Jiw ehŸ.01.08.1992
2. murhiz (ãiy) v©.505, fšé ehŸ.21.05.1993.
3. murhiz (ãiy) v©.1190, fšé ehŸ.29.12.1993.
4. murhiz (ãiy) v©.117, gâahs® k‰W« ã®thf¤ Ó®ÂU¤j¤ Jiw ehŸ.29.12.1993.
gh®it
1. muR foj v©.887/M®-1/95-5, ehŸ.21.03.1996
2. gŸë¡ fšé Ïa¡Fe® e.f.v©.97771/Á17/97-2, ehŸ. 23.03.119, 09.06.1998 k‰W« 28.01.1998 k‰W« 1265/Á2/Á17/1998, ehŸ. 17.09.1998 k‰W« 30.10.1998 ******** Miz:
gh®it x‹¿š f©l Mizæš mik¡f¥ gâahs®fë‹ gjé ca®Î thŒ¥Ãid nk«gL¤j é»jhu¢rhu mo¥gilæš Ïsãiy cjéahs® gâæl§fis cjéahs®fshfΫ nkY« cjéahs® gâæl§fis f©fhâ¥ghs® gâæl§fshfΫ gjé ca®¤jyh« vd bjçé¡f¥g£LŸsj. mj‹go gŸë¡ fšé¤Jiwæš gh®it Ïu©oš f©l Mizæš 2925 Ïsãiy cjéahs® gâæl§fis cjéahs® gâæl§fshfΫ 812 cjéahs® gâæl§fis f©fhâ¥ghs® gâæl§fshfΫ kh‰¿, 50 éG¡fhLfŸ clnd ãu¥gΫ ÛjKŸs 50 éG¡fhLfŸ 1993-94š ãu¥gΫ MizfŸ tH§f¥g£ld. ÛjK‰w 50% gâæl§fS« ãu¥òtj‰F gh®it _‹¿š f©l Miz têahf mDk tH§f¥g£lJ.
2. gh®it eh‹»š f©l Mizæš cjéahs® gjé ca®Î¡F ã®zæ¡f¥g£oUªj j£l¢r®-
Ïsãiy cjéahsU¡fhd 黤jh¢rhu« Ú¡f¥g£l ÃwF gŸë¡ fšé¤Jiwæš 425 j£l¢r®fŸ cjéahs®fshf gjé ca®¤j¥g£ld®. Ït®fëš 200 ng® gjé ca®¤j¥g£L« j£l¢R¥ gâæl§fŸ ãu¥g¥glhjjhš j£l¢R¥ gâiana bjhl®ªJ brŒJ tU»‹wd®. Ï›thW gjé ca®ÎfŸ tH§f¥g£L« bjhl®ªJ j£l¢R¥ gâiana brŒJ tUgt®fis Kiwahd cjéahs® gâæl§fS¡F khWjš brŒa¥gl nt©oÍŸsJ. Ϫãiyæš jäœehL mik¢R¥ gâæš cŸs Ïsãiy cjéahs® k‰W« j£l¢r® v‹w jå¤jå gjéfŸ “ Ïsãiy cjéahs® Ïizªj j£l¢r®” vd kh‰w¥g£LŸsJ. j£l¢r®fis cjéahs®fshf gjé ca®¤Âa‹ fhuzkhf V‰¥g£LŸs j£l¢r® fhè¥ gâæl§fis gŸë¡ fšé¤Jiwæš fUiz mo¥gilæš ãakd« bgWtj‰fhf fh¤ÂU¥ngh® g£oaèYŸs jFÂÍŸs eg®fis¡ bfh©L “Ïsãiy cjéahs® Ïizªj j£l¢r®” vd gâ ãakd« tH§fyh« v‹W bjçé¤j (jäœehL gâahs® nj®thiza¤ÂèUªJ jFÂÍŸsnthiu nf£L¥ bgwhkš) gŸë¡ fšé Ïa¡Fe® Ïj‰fhd murhiz tH§FkhW nf£LŸsh®.
3. gŸë¡ fšé Ïa¡Feçš fU¤JUit muR e‹F gçÓyid brŒJ cjéahs®fshf gjé ca®¤j¥g£l j£l¢Rfë‹ fhè¥ gâæl§fëš, fUizao¥gilæyhd ntiythŒ¥ò ãakd¤Â‰fhf, gŸë¡ fšé¤Jiwæš fh¤ÂU¥ngh® g£oaèš it¡f¥g£LŸs eg®fis KªJçik tçir¥go mt®fŸ Ïsãiy cjéahs® Ïizªj j£l¢r® gjé¡Fça jFÂfis¥ bg‰¿u¡f nt©L« v‹w ãgªjid¡F£g£L m¥gâæl§fëš Ïsãiy cjéahs® Ïizªj j£l¢r®fshf ãakd« brŒa gŸë¡ fšé Ïa¡FeU¡F murhš mDk tH§f¥gL»wJ.
(MSeç‹ Miz¥go) v«.V. bfsçr§f® muR¢ brayhs® bgWe® gŸë¡ fšé Ïa¡Fe®, br‹id-6 efš gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤Jiw, br‹id-9.
//Miz¥go mD¥g¥gL»wJ//
http://www.judis.nic.in ÃçÎ mYty®
171
GOVERNMENT OF TAMIL NADU
ABSTRACT
Public Services - Compassionate appointment - Recruitment of Disabled Defence
Personnel/sons/unmarried daughters/widows of Defence Personnel killed/disabled in action or died in harness to the posts within the purview of Tamil Nadu Public Service Commission/Outside the purview of Tamil Nadu Public Service Commission - Procedure of recruitment through Employment Exchange - Tamil Nadu Public Service Commission - relaxation - Orders - Issued.
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PUBLIC (EXSERVICEMEN) DEPARTMENT G.O.Ms.No.1218 Dt.3.9.1999
1. G.O. Ms. No. 1083 Labour & Employment Department dt. 18.12.76
2. G.O. Ms. No. 120 Labour & Employment Department dt. 26.06.95
3. G.O. Ms. No. 164 Labour & Employment Department dt. 22.08.95
4. G.O. Ms. No. 93 Labour & Employment Department dt. 30.06.97
5. G.O. Ms. No. 70 Labour & Employment Department dt. 2.7.98
6. From the Secretary to Government of India Ministry of Defence D.O. Lr. No. 114/19336/JS(Ex-Ser.) dt. 26.6.99.
7. From the Chief of Army Staff, Army Head quarters Lr. No. A/00043/1/LOAS dt. 25.06.99
8. From the Director of Exservicemen’s Welfare letter No. 19111/99/VI dt. 23.07.1999.
ORDER :
In the Government order first read above, orders were issued by the Government to the effect that the dependants viz. sons/unmarried daughters/widows/near relative who would take care of the family of Defence Service Personnel who are killed/disabled in action and who died in harness be appointed to the posts which fall within the purview of Tamil Nadu Public Service Commission in relaxation of the general procedure of recruitment through Employment Exchange with certain conditions.
2. In G.O.Ms.No.164, Labour and Employment Department, dt. 22.8.95 orders were issued to the effect that the sons/unmarried daughters/widows of Defence Personnel killed/disabled in http://www.judis.nic.in action or died in harness be appointed to the posts which fall within the purview of Tamil Nadu 172 Public Service Commission provided they satisfy all other conditions stipulated by the Government for appointment under the scheme of compassionate appointment.
3. In G.O.Ms.No.93, Labour and Employment Department, dt.30.6.97 directions were issued to send the applications of dependants of defence personnel killed/disabled in action and who died in action to Directorate of Employment and Training who will in turn sponsor the candidates directly to various Government Departments for compassionate appointment.
4. In the G.O. second read above, a condition has been laid down that the application for compassionate appointment should be made within three years from the date of death of the Government Servant.
5. The Army General, Headquarters, New Delhi and the Secretary to Government of India, Ministry of Defence, New Delhi have requested the Government of Tamil Nadu to formulate a scheme as a "Special Drive" to give compassionate appointment to the dependants of those who have laid down their lives to defend our country. Accordingly the Additional Director of Exservicemen's welfare has sent proposals to Government to simplify the procedures prescribed for compassionate appointment to the dependants of Defence personnel killed/disabled in action and to relax certain conditions for eligibility.
6. In supersession of the orders issued in the G.O. first, second and third read above, the Government direct that one dependant viz. widows/sons/daughter/adopted son/ adopted daughter/deserted daughter/destitute widowed daughter of the Defence Service Personnel whose native State is Tamil Nadu and who are killed/disabled in action and also died in harness be appointed to the posts which fall within and outside the purview of the Tamil Nadu Public Service Commission. Only the following certificates need to be produced for processing the applications for compassionate ground appointment:-
1. Application of the individual/legal heir (attested by the Ass. Director of Exservicemen's welfare/Deputy Director of Exservicemen's Welfare)
2. N.O.C. from all other legal heirs in cases where persons other than the widow applies for compassionate appointment which should be attested by the district Assistant. Director of Exservicemen's welfare/Deputy Director of Exservicemen's welfare.
3. Educational qualification certificate of the individual applying for compassionate appointment.
4. Transfer certificate http://www.judis.nic.in
5. Community certificate
6. Community certificate 173
7. Killed/disabled in Defence Service Certificate
8. Legal heir certificate from the Department of Exservicemen's Welfare.
The procedure laid down in G.O.Ms.No.93, Labour and Employment Department dt.30.06.97.
The Government have also decided that for group 'D' posts the legal heirs of defence personnel killed/disabled in action be permitted to be appointed on compassionate grounds against any future vacancies even if they are not norm based vacancies as per Finance (Ze-Bag) G.O.745, dt.22.9.95.
7. The Government also order that the following eligibility conditions are relaxed in favour of dependants of defence personnel killed/disabled in action applying for compassionate appointments:-
i) that the family of the defence personnel killed/disabled should be in indigent circumstances
ii) that the application for appointment on compassionate grounds should be made within three years from the date of death/disablement of the defence personnel.
8. The Government further direct that the disabled defence personnel also be given compassionate appointment as ordered in the previous paragraphs provided that their disability is caused during operations/war and it is 50% and above.
9. The Director of Employment & Training is directed to conduct a "Special Drive" to clear all the pending applications from dependants of defence personnel killed/disabled who have applied for compassionate appointment within three months. The Director of Employment and Training is also requested to provide compassionate ground appointment in all cases of dependants/disabled defence personnel killed/disabled in action expeditiously in future.
10. This order issues with the concurrence of Labour and Employment Department vide its U.O.No.34811/Q1/99-1, dt.31.8.99.
(By order of the Governor) M.F. FAROOQUI SECRETARY TO GOVERNMENT GOVERNMENT OF TAMILNADU LABOUR AND EMPLOYMENT (Q1) DEPARTMENT Letter (Ms) No. 34 Dated : 16.04.2002 http://www.judis.nic.in 174 From Thiru Lal Rawna Sailo, I.A.S., Secretary to Government To All Heads of Departments, All Departments of Secretariat, All District Collectors, All State Government Undertakings, The Secretary, Tamil Nadu Public Service Commission, Chennai – 2. The Principal Commissioner and Commissioner of Revenue Administration, Chennai – 5.
All Special Commissioners and Commissioners, Chennai – 5. The Registrar, High Court, Chennai – 104.
Sir, Sub : Public Services – Employment Assistance to the families of deceased Government Servant Who dies while in service – Clarification – regarding children born through the second marriage / Wife – Issued.
Ref. : 1. G.O. M.S. No. 560, Labour and Employment Dated : 3.8.1977.
2. G.O. Ms. No. 2899, Labour and Employment dated 23.12.1988.
3. Government letter No. 2286 / Q1/ 90-2, Labour and Employment, Dated 617.6.1991
4. G.O. Ms. No. 155, Labour and Employment dated 16.7.1993.
5. G.O. Ms. No. 134, Labour and Employment, dated 22.10.1998.
In the Government orders cited, orders have been issued to the effect that the son/unmarried daughter / wife / husband / legally adopted son / unmarried adopted daughter / deceased government Servant and unmarried brother / unmarried sister of the unmarried deceased Government Servant who dies in harness while in service, are eligible for appointment on compassionate ground subject to the conditions stipulated under the scheme of compassionate appointment.
2. It has now been brought to the notice of the Government for clarification by various department to whether children of the deceased Government Serans born through unlawfull second marriage / wife are eligible for compassionate ground appointment. The matter has been examined in detail. It is considered that children born out of void marriages are entitled or the benefit in respect of the property of the deceased Government Servant i.e. family pension and death-cum- http://www.judis.nic.in retirement Gratuity and that Compassionate appointment cannot be equated to the status of the 175 property of the deceased. As such, the word ‘son or unmarried daughter’ as used in the scheme of compassionate appointment has to be construed only to mean son or daughter born through lawful wedlock.
3. In the circumstances, I am to clarify that the children born out of void marriage are entitle for family pension and Death-Cum-Retirement Gratuity and not for compassionate ground appointment.
Yours faithfully, for Secretary to Government GOVERNMENT OF TAMILNADU ABSTRACT Public / Services Compassionate ground appointments - Employment assistance to the dependants, of Defence personnel, Killed/Disabled in action or died in harness - Inclusion of unmarried brother/unmarried sister- of the unmarried: deceased Defence Personnel as ’near relative Orders issued.
________________________________________________ LABOUR AND EMPLOYMENT (Q1) DEPARTMENT G.O. Ms. No. 198. Dated : 10.11.1999.
1. G.O. Ms No. 1083 Labour and Employment dated 18.12.1976
2. G.O. Ms. No. 164 Labour and Employment dated 22.08.1995
3. G.O. Ms. No. 70 Labour and Employment dated 2.7.1998 Read also:
4. From the Additional Director, Directorate of Ex. Servicemen’s Welfare, Letter No. 12611/99/C1 dated 12.5.1999 Order :
The following amendment are issued to G.O. 1083 and G.O. Ms. 108 Labour and Employment department dated 18.12.1976 and G.O. Ms. 164 Labour and Employment dated 22.8.1995:
AMENDMENT . I In para 3 of G.O. Ms. No. 1083 Labour and Employment Department dated 18.12.1976 as amendment in G.O. Ms. No. 70 following words shall be added after the existing words destitute widowed daughter.
http://www.judis.nic.in 176 “Unmarried brother / unmarried sister to the unmarried deceased / killed / disabled defence Personnel belongs to the State of Tamil Nadu” AMENDMENT . II In para 3 of G.O. Ms. No. 164 Labour and Employment Department dated 22.8.1995 as amendment in G.O. Ms. No. 70 Labour and Employment department dated 2.7.1998 the following words shall be added the existing word destitute widowed daughter.
“Unmarried brother / unmarried sister to the unmarried deceased / killed / disabled defence Personnel belongs to the State of Tamil Nadu”
2. The Amendment the issued shall take effect from the date of issue of this Government order.
(BY ORDER OF THE GOVERNOR) R. RATHINASAMY SECRETARY TO GOVERNMENT To The Additional Director of Ex-Servicemen’s Welfare, No. 22, Sydenhams Road, Chennai – 3.
The Director of Employment and Training Chennai – 5. All Departments in Secretariat, Chennai – 9. All Heads of Departments.
All District Collectors.
The Accountant General (Audit-I) Chennai – 5. The Accountant General (Audit-I), Chennai – 35. The Secretary, Tamil nadu Public Service Commission, Chennai – 2. All Senior P.A. to Minister, Chennai – 9.
The Public (Ex-Ser.) Department, Chennai – 9. The Personnel and Administrative Reforms (Per. G). Department, Chennai – 9.
Sf/Sc.
FORWARDED / BY ORDER Section Officer gŸë¡ fšé Jiw muR foj v©.30902/v°(1)/99-3 ehŸ.15.02.2000 mD¥òe® ÂUkÂ. é#aby£Rä Ïuhk¢rªÂu‹, Ã.V., muR rh®ò brayhs®.
bgWe® gŸë¡ fšé Ïa¡Fe®, http://www.judis.nic.in br‹id-6.
177mŒah, bghUŸ: fUiz mo¥gil ãakd«-ÂU.v°.kâf©l‹, j/bg.r©Kfntš Ïsãiy cjéahs® Ïizªj j£l¢r® ãakd« tH§f muÁ‹ mDk nt©o. gh®it: j§fsJ foj f©.805/10/n#3/99 ehŸ. 06.08.1999 gh®itæš fhQ« j§fë‹ foj¤Â‹ ghš ftd« <®¡f¥gL»wJ. gâæš ÏU¡F« bghGJ 24.01.1983 Ïš muR Cêa® ÏwªJŸsh®. Ïwªj muR Cêaç‹ Jizéah® 5tJ tF¥ò tiu fšéa¿Î bg‰wtuhf ÏUªJŸsh®. muR Cêa® Ïwªj bghGJ Ït® V‹ jdJ fšé¤ jF‰nf‰g gâ ãakd« nfhuéšiy v‹gj‰fhd és¡f¤Âid bg‰W mD¥ò«go j§fis¡ nf£L¡ bfhŸs¥ gâ¡f¥gg£LŸns‹.
j§fŸ c©ikÍŸs, k.Ânur«khŸ.
muR rh®ò¢ brayhsU¡fhf jäœehL muR RU¡f« bghJ¥gâfŸ-fUiz mo¥gilæš gâ ãakd« bgWtj‰F –Ïayhikæ‹ fhuzkhf kU¤Jt rh‹¿‹ mo¥gilæš muR¥ gâæèUªJ XŒÎ bgW« Cêaç‹ taij 50-èUªJ 53-Mf ca®¤Â Miz btëæl¥gL»wJ.
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bjhêyhs® k‰W« ntiythŒ¥ò (¡ô1) Jiw
muR Miz (ãiy) v©.168 ehŸ.19.10.2000
gh®it:
1.murhiz ãiy v©.1025, bjhêyhs® k‰W« ntiythŒ¥ò, ehŸ.22.11.1975.
2. murhiz (ãiy) v©.22248/v‹1/82-4, bjhêyhs® k‰W« ntiythŒ¥ò Jiw, ehŸ.23.11.1982.
3. ne®Kf¡ foj v©.42647/nf/2000-1, bray®, gâahs® k‰W« ã®thf Ó®ÂU¤j¤ (nf) Jiw, ehŸ.08.08.2000.
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gh®it-3š go¡f¥g£l ne®Kf¤ foj¤Âš 05.08.2000 m‹W eilbg‰w jäœehL muR mYty® x‹¿a¤Â‹ 55-tJ khãy kheh£oš kh©òäF Kjyik¢r® mt®fŸ, muR V‰gjhf m¿é¤j nfhç¡iffŸ, nkš elto¡if¡fhf ϤJiw¡F mD¥g¥g£LŸsJ. mš Kjš nfhç¡if muR Cêa®fŸ gâæèUªJ kU¤Jt rh‹¿‹ mo¥gilæš Ïayhol XŒÎ bgWtj‰F ã®zæ¡f¥g£LŸs taÂid 50-èUªJ 53-Mf ca®¤j¥gl nt©L« v‹gjhF«.
2. gh®it 1-š cŸs muR Miz (ãiy) v©.1025, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ. 22.11.1976-š kU¤Jt rh‹¿‹ ngçš Ïayhik fhuzkhf gâæèUªJ XŒÎ bgW« muR Cêa®fë‹ thçRju®fS¡F nj®thiza¤Â‹ tu«Ã‰F£glhj gjéæš, fUiz mo¥gilæš gâ ãakd« tH§f MizfŸ btëæl¥g£lJ. mnj ngh‹w muR Miz v©.554, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ.09.04.1990-š nj®thiza tu«Ã‰F£g£l gjéæš m¤jifa ãakd« tH§f Mizæl¥g£LŸsJ.
3. gh®it 3-š go¡f¥g£l muR foj¤Âš, taJ _Â®é‹ fhuzkhf gâæèUªJ XŒÎ bgW« jUthæš (fag end of the service) kU¤Jt ßÂahf Ïayhikæ‹ fhuzkhf XŒÎ bg‰W j§fŸ thçRfS¡F fUiz mo¥gilæš gâ ãakd« bgW« ãiy V‰g£lj‹ fhuzkhf eilKiwæèUªj muR Mizia XŒÎ brŒJ Ïayhik fhuzkhf kU¤Jt rh‹¿‹ mo¥gilæš 52 ta‰FŸ gâæèUªJ XŒÎ bgW« muR Cêaç‹ thçRjhu® k£Lnk, fUiz mo¥gilæš gâ ãakd« bgw¤ jFÂÍilt® v‹W c¢r taJ tu«ò brŒJ Miz btëæl¥g£lJ.
4. kh©òäF Kjyik¢r® mt®fŸ 05.08.2000 m‹W kU¤Jt rh‹¿‹ mo¥gilæš muR Cêa® Ïayhik XŒÎ bgW« tatJ 50-èUªJ 53-Mf ca®¤j¡ nfhU«, nfhç¡iffŸ V‰gë¤JŸs ãiyæš 53 ta‰FŸ muR¥ gâæèUªJ kU¤Jt rh‹¿‹ mo¥gilæš Ïayhik XŒÎ bg‰w muR http://www.judis.nic.in Cêaç‹ thçRjhu® fUiz mo¥gilæš gâ ãakd« bgw jFÂÍilat® v‹W muR MizæL»wJ.
1785. Ï›thiz/btëæl¥gL« eh‹ Kjš Ïayhik fhuzkhf gâ XŒÎ bgW« mur CêaU¡F k£Lnk bghUªJ« v‹W«, V‰fdnt KobtL¡f¥g£l Ïd§fS¡F¥ bghUªjhJ v‹W« nkY« é¤js®ÎfŸ nfhU« nfhç¡iffis V‰f ÏayhJ v‹W« Mizæl¥gL»wJ.
6. nk‰f©l Miz gâahs® k‰W« ã®thf Ó®ÂU¤j¤ Jiwæ‹ mYtš rh®g‰w F¿¥ò v©.46449/»/2000-1, ehŸ.25.08.2000-š bgw¥g£l x¥òjYl‹ btëæl¥gL»wJ.
(MSeç‹ Miz¥go) Ïuh. Ïu¤Âdrhä muR brayhs® bgWe® Ïa¡Fe®, ntiythŒò k‰W« gæ‰Á¤Jis, bjhêyhs® ey mik¢rf«, òJblšè. mid¤J¤Jiw brayhs®fŸ, br‹id-09 (bgaç£l ciwæš). Mid¤J kht£l M£Áa®fŸ.
mid¤J¤ JiwfŸ, br‹id-9.
mid¤J jiyt®fŸ.
khãy fz¡fha®,br‹id-18.
r«gs¡ fz¡F mYtyf«, br‹id-35.
r«gs¡ fz¡F mYtyf«, br‹id-5.
r«gs¡ fz¡F mYtyf«, br‹id-6.
kh©òäF Kjyik¢r® mYtyf«, br‹id-9.
mid¤J mik¢r®fë‹ ne®Kf brayhs®, br‹id-9.
cÂç efšfŸ.
efš.
gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¡ (gâ.nf.) Jiw, br‹id-9. /Miz¥go mD¥g¥gL»wJ/ u. g¤kht ÃçÎ mYty® jäœehL gŸë¡ fšé Ïa¡Feç‹ brašKiwfŸ br‹id – 6.
e.f.v©. 37394/n#1/2002 ehŸ 19.4.2002.
Copy of :
GOVERNMENT OF TAMILNADU ABSTRACTS PUBLIC SERVICES - Filling up of vacant posts except certain categories of posts such as Teachers, Doctors and Police Constabulary - completely banned - Orders-Issued.
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PERSONNEL & ADMINISTRATIVE RE FORMS (W1 ) DEPARTMENT GO. Ms. No. 212 Dated 29.11.2001 ORDER:
The Government have decided to effect economy expenditure and accordingly direct that filling up of vacant posts shall be completely banned except certain categories of posts http://www.judis.nic.in such as Teachers, Doctors and Police Constabulary which may be identified and declared as 179 essential posts. Proposals for filling vacant posts considered essential by any department will placed before a Committee consisting of Chief Secretary, Finance Secretary and Secretary (Personnel and Administrative Reforms) (BY ORDER OF THE GOVERN OR) P. SHANKAR, CHIEF SECRETARY TO GOVERNMENT To All Departments of Secretariat, Chennai -9 All Heads of Departments /forwarded/by order/ Sd.x Section Officer /true copy/ jftY¡fhΫ j¡f elto¡ifæ‹ bghU£L rh®ãiy mYty®fSfF mD¥Ã it¡fg¥L»wJ. murhizæš efš bg‰W¡bfh©lik¡fhd x¥òjèid mD¥òkhW« bjçé¡fyh»wJ.
murhiz btëao¥g£l ehŸ Kjš fUiz mo¥gilæš gâ ãakd¤Â‰F gâãakd« më¡f jilMiz é¡f¥g£LŸsjhš murhiz btëæl¥g£l ehS¡F¥ÃwF fUiz mo¥gilæš gâ ãakd« më¡F« g£r¤Âš gâ ãakd« më¡F« mYty®fns KG¥bghW¥ghs®fshf Mth®fŸ vd¤ bjçé¡fyh»wJ.
fh.khça¥g‹ gŸë¡ fšé Ïa¡FeU¡fhf.
/c.e.c.g.m./ f©fhâ¥ghs®
bgWe®
mid¤J Kj‹ik¡ fšé mYty®fŸ kht£l¡ fšé mYty®fŸ / kht£l¤ bjhl¡f¡fšé mYty®fŸ Personnel and Administrative Reforms (G) Department Secretariat Chennai -9 Letter Ms. No. 20 /G/2002 . Dated 01.03.2002 From Thiru.P.Shankar, I.A.S., Chief Secretary to Government, To All Sections in P.&A.R. Department, Chennai – 9.
All Department of Secretariat, Chennai – 9.
The Tamil Nadu Legislative Assembly Sectt, Chennai – 9. All Heads of Departments, All Collectors and District Judges / District Magistrates and District Magistrates (Judicial) The Registrar, High Court, Chennai 104.
http://www.judis.nic.in The Government Pleader, High Court, Chennai-104 180 The Registrar, TNAT, Chennai-6 The Senior Standing Counsel, TNAT, Chennai-8 The Accountant General, Chennai -18/35 The Director of Treasuries and Accounts, Chennai-35 The Director of Employment and Training, Chennai-5 The Pay and Accounts Officer, (North, South, East and Secretariat) Chennai- 79/35/5/9 All Treasury Officers The Chief Minister’s Office, Chennai-9 Sir, Sub: Public services- Filling up of vacant Posts Except certain categories of posts Such as Teachers, Doctors and Police Constabulary completely banned under Compassionate grounds -Clarifications issued.
Ref: (I) G.O.Ms.No.212, Personnel and Administrative Reforms (P) Department, Dated : 29.11.01 (II) Letter NO.67770/P/2001-1,Personnel and Administrative Reforms (P) Department dated 19.12.2001.
In continuance of the orders issued to the effect that the fling up of vacant posts should be completely banned in G.O.Ms.No,212, Personnel and Administrative Reforms Department, dated 29.11.2001, the following Instructions are Issued In connection with the appointments to be made under.
gŸë¡ fšé¤Jiw foj v©.2721/M®2/2002-2 ehŸ. 26.02.2002.
mD¥òe® ÂU.é.F.R¥òuh{, Ï.M.g., muR¢ bryhs®.
bgWe® gŸë¡ fšé Ïa¡Fe®, br‹id-6 (Ïiz Ïa¡Fe® (g.bjh) bgaç£l ciwæš Iah, bghUŸ: fUiz mo¥gilæyhd gâ ãakd§fŸ-jilahiz –bjëÎiu-F¿¤J. gh®it: j§fŸ foj e.f.v©s.92747/n#4/2001-2, ehŸ.21.01.2002.
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gh®itæš fhQ« foj¤Â‹ ÛJ j§fŸ ftd« nr®¡f¥gL»wJ.
2. murhiz ãiy v©.212, gâahs® k‰W« ã®thf Ó®¤ÂU¤jJiw ehŸ.29.11.2001 k‰W« muR¡ foj v©.57770/2001-1 , gâahs® k‰W« ã®thf Ó®ÂU¤j¤ (¥Ã) Jiw, ehŸ.19.12.2001-š gjé ca®Î j鮤J Ãw ãakd§fŸ mid¤J« KGikahf jil brŒa¥g£LŸsjhš, nk‰fhQ« http://www.judis.nic.in jilahdJ fUiz mo¥gilæyhd ãakd§fS¡F« bghUªJ« v‹W«, jilahiz ÂU«g¥ bg‰w¥Ã‹ ÏJ bjhl®ghf nkš elto¡if vL¡fyh« v‹gijÍ« j§fS¡F¤ bjçé¤J¡ 181 bfhŸ»nw‹.
j§fŸ e«Ã¡ifÍŸs, Á.rhäehj‹ 28.02.2002.
muR¢ brayhsU¡fhf.
efš bjhl¡f¡ fšé Ïa¡Fe®, br‹id-3.
gŸë rhuh k‰W« taJ tªnjh®, fšé Ïa¡Fe®, br‹id-6. MÁça® fšé MuhŒ¢Á k‰W« gæ‰Á Ïa¡Fe®, br‹id-6.
bghJ üyf Ïa¡Fe®, br‹id-2.
muR nj®Î Ïa¡Fe®, br‹id-6.
nkyh©ik Ïa¡Fe®, jäœehL ghlüš fHf«, br‹id-6. gŸë¡ fšé¤ Jiw, br‹id-9.
(mid¤J ÃçÎfŸ) jåahŸ _y« gŸë¡ fšé (v«.1) Jiw foj v©.45249/v«1/99-ehŸ. 04.02.2002 mD¥òe® ÂU.é.F.R¥òuh{, Ï.M.g., muR brayhs®.
bgWe® gŸë¡ fšé Ïa¡Fe®, br‹id-6 (bga® ciwæš) Iah, bghUŸ: fUiz mo¥gilæš ãakd«-fhy§flªJ é©z¥Ã¤JŸs é©z¥g§fŸ rh®ªJ bjëÎiufŸ tH§f¥gL»‹wd.
gh®it: j§fŸ foj« e.f.v©.1259/3/n#4/2000.
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gh®itæš fhQ« j§fŸ foj¤Âš nk‰fhQ« bghUŸ rh®ªJ nf£f¥g£l bjëÎiu¡F Ñœ fhQ« étu§fis¤ j§fS¡F¤ bjçé¤J¡ bfhŸs¥ gâ¡f¥g£LŸns‹.
2. fUizao¥gil ãakd¤ £l¤Â‹ Ñœ cldoahf gâthŒ¥gë¤J gâæ‹ nghJ Ïwªj muR Cêaç‹ thçR¡F ãthuz« tH§Ftnj Ϥ£l¤Â‹ Óça neh¡fkhF«. muR Cêa® ÏwªJéL« ehs‹D gâthŒ¥ò¤ jFÂÍŸs thçRjhu® ÏUªJ« gâthŒ¥ò¤ nfhuhkš fhy« flªj Ïju jFÂÍŸs thçRjhu®fS¡F gâ nfhç é©z¥g§fŸ bgw¥gL»‹wd. muR Cêa® FL«g¤Âåš bghUÇ£Lgt® ÏU¡ifæš mt®fŸ XŒÎ bg‰w Ëdnuh, ÂUkzkh»a Ëdnuh Ïju thçRfëš xUtU¡F fhy§flªJ ãakd« nfhUgt®fŸ cŸsd®. fUizao¥gil ãakd¤Â£l¤Â‹ Ñœ ãakd§fŸ thçRçikahf tH§f¥gLtšiy. FL«g¤Â‹ t¿a Nœãiy k‰W« thçRjhuç‹ jFfis¡ fU¤Âš bfh©L tH§f¥gL»‹wJ. Ïwªj muR Cêaç‹ thçRjhuUTF gâthŒ¥ò¡ nfhç kD brŒjt‰Fça fhy« vd tiuaW¡f¥glhj ãiyæš jäœehL ã®thf¤ Ô®¥gha« gâæ‹ nghJ Ïwªj muR Cêaç‹ thçR¡F¥ gy M©LfŸ fê¤J ãakd« më¥gJ Ϥ£l¤Â‹ Óça neh¡f¤Âidna K¿ao¥gjhf cŸsbjd R£o¡fh£l¥g£lj‰»z§f murhiz ãiy v©.120 bjhêyhs® k‰W« ntiy thŒ¥ò¤Jiw ehŸ.26.06.1995š Ïwªj muR Cêaç‹ jFÂÍŸs thçRjhu® _‹wh©LfS¡FŸ fUizao¥gilæš gâ nfhç é©z¥Ã¡f tif brŒa¥g£LŸsJ. bjhêyhs® k‰W« ntiy thŒ¥ò¤ Jiw foj v©.39924¡Í1/95-1 ehs.11.10.1995š (nk‰go murhiz ãiy v©.12, bjhêyhs® k‰W« ntiy thŒ¥ò¤ Jiw ehŸ. 26.06.1995) 26.06.1995 nj¡F K‹ Ïwªj muR Cêaç‹ thçRjhuU¡F¥ bghUªjhbjd bjëÎiu tH§f¥g£LŸsJ. http://www.judis.nic.in 3. fšé¤ Jiwia¥ bghU¤j tiuæš, murhiz ãiy v©.719 bjh.k.nt.th. Jiw ehŸ.
19.04.1989š muR Cêa® Ïwªj ehshd MÁça® gæ‰Áæš g£l¥go¥ò, cl‰gæ‰Áæš g£la« mšyJ 182 g£l¥go¥ò, Ïilãiy MÁça® gæ‰Á Ko¤jt®fŸ Kiwahf¥ g£ljhç MÁça®, cl‰gæ‰Á MÁça® k‰W« Ïilãiy MÁça®fŸ gjéfëš fUizao¥gilæš ãakd¤jF bg‰wt®fis ãakd« brŒayh«. Ï›éÂKiwfis¥ Ëg‰¿ Kj‹ Kjèš é©z¥g« rk®¥Ã¤j ehëš MÁça® gjé¡Fça jFÂfŸ bg‰¿U¥Ã‹ Ït®fS¡F gâtu‹Kiw¥gL¤jyh«. nkY« murhiz ãiy v©.23 bjh.k.nt.th. Jiw ehŸ. 10.02.1993š fUizao¥gilæš ãakd nfhUgt®fS¡F cldoahf¥ gâaë¡f éçthd m¿ÎW¤jšfŸ btëæl¥g£LŸsd. Ï›thizfë‹ go kDjhu®fë‹ jFÂfis MuhŒªJ muR foj v©.39924/¡Í/95-1 bjh.k.nt.th. Jiw ehŸ. 11.10.1995‹go elto¡iffis nk‰bfhŸS«go j§fS¡F bjçé¤J¡ bfhŸs¥ gâ¡f¥g£LŸns‹.
j§fŸ e«Ã¡ifÍŸs, g.U¡kâ muR brayU¡fhf efš fUiz mo¥gilæš ãakd« r«gªj¥g£l ÃçÎfŸ gŸë¡fšé¤Jiw foj v©.16940/M®.2/2002-4, ehŸ. 29.07.2002. mD¥òe® ÂU.é.F. R¥òuh{, Ï.M.g., muR¢ brayhs®.
bgWe® gŸë¡ fšé Ïa¡Fe®, br‹id-6(Ïiz¥òl‹).
Iah, bghUŸ: fUiz mo¥gil ãakd§fŸ-gŸë¡ fšé¤ Jiwæš MÁça® gâ ãakd«. gh®it: 1.murhiz (ãiy) v©.212, gkãÓ. ehŸ.29.11.2001.
2. muR foj v©.20/í/2002, ehŸ.01.03.2002.
3. j§fŸ foj v©.9247/n#4/2001, ehŸ.10.05.2002.
gh®it Ïu©oš fhQ« muR foj¤Â‹go fUiz mo¥gilæš (m¤ÂthÁa Ïdkhd MÁça® gâæl§fis¤ jFÂÍilt®fis¡ bfh©L ãu¥g, muR brayhs® (gkãÓ), muR brayhs® mt®fis¡ bfh©l gâahs® FGé‹ X¥òjš bgw nt©L«.
2. vdnt, fUiz mo¥gilæš gŸë¡ fšé¤ Jiwæš MÁça® gâ tH§f¤ jFÂÍŸnsh® ÏU¥Ã‹, m¡foj¤Âš F¿¥Ã£lgo m¥gâæl§fis ãu¥g nt©oaj‹ mtÁa¤ij tèÍW¤Â “gâahs® FGé‹” x¥òjš bgw muR¡F¤ j¡f fU¤JU mD¥òkhW nf£L¡ bfhŸs¥ gâ¡f¥g£LŸns‹.
j§fŸ e«Ã¡ifÍŸs, Á.rhäehj‹, muR¢ brayhsU¡fhf.
efš gŸë¡ fšé (mid¤J ÃçÎfŸ) Jiw, br‹id-9.
gâahs®(k) ã®thf¢ Ó®ÂU¤j¤ Jiw, br‹id-9.
ã¤Jiw, br‹id-9.
PROCEEDINGS OF THE DIRECTOR OF SCHOOL EDUCATION MADRAS -6.
R.C. No. 91806/C22/C6/2002 Dated : 27.3.2003 Copy http://www.judis.nic.in of: GOVERNMENT OF TAMIL NADU ABSTRACT Tamilnadu School Education Subordinate Service Qualification for the post of physical education 183 Teachers-Amendment to Special Rules – Issued.
School Education (M1) Department
G.O. (Ms) No. 26 Dated : 27.2.2003
Read:
1. G.O.Ms. No. 753 School Education, dated 15.7.85
2. Govt. Lr. No. 14878/M1/86-2, dated 8.4.86
3. G.O Ms. No. 1440 Education dated 14.9.87
4. G.O. Ms. No. 236 Personnel and Administrative Reforms dated 29.6.93
5. G.O. Ms. No 27 School Education dated 31.1.2000
6. G.O. Ms. No. 155 School Education, dated 20.09.2001 Read also :
7. From the Director of School Education Lr. Rc. No. 91806 / C22/C6/2000 dated 31.8.2000 and dt. 13.12.2001
8. From the Director of School Education Lr. Rc. No. 91806/C22/C6/2000, dated 22.7.2002
9. From the Secretary, TNPSC Lr.Rc.214/vkmJ /E4/2002 dated 20.3.2002
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ORDER :
In the reference second to sixth read above, executive orders were issued approving the following qualifications for appointment of physical education Teachers in the Tamil Nadu School Educational Subordinate Services detailed below.
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Qualification : Date of G.O. No. & date in
effect which it was approved
1 2. 3
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1) Pass in Pre-University 15.7.1985 G.O. Ms. No. 1440 OR Higher Secondary Education, dated 14.9.87 or TSLC (Secondary Grade or Senior Basis) and Government Teachers Certificate of Higher Grade in Physical Education
ii) Pass in SSLC 15.7.85 G.O. Ms. No. 1440 and Education dated 14.9.87 Govt. Teachers Certificated of Lower Grade in Physical Education.
iii) Bachelor of Physical Education
(B.P.Ed) 8.4.86 Govt. Lr. No. 14878/M1/
86-2, dated 8.4.86
iv) Bachelor of Physical Education 29.6.93 G.O. Ms. No. 236/
and sports (B.P.E.S.) P&AR dated 29.6.93
offered by Education, Chennai
http://www.judis.nic.in
v) Master of Physical Education 31.1.2000 G.O.Ms. No. 27
184
and sports (Direct MPES) School Education
offered by Annamalai University dated 31.1.2000
vi) Bachelor of mobility science 20.09.01 G.O. Ms. No. 455 School
for the disabled (B.M.S) Education dated
offered by YMCA college of 20.9.2001
Physical Education Chennai and other
Similary colleges.
2. Subsequently, the director of School Education has sent proposal for approving regular M.P.Ed., (after acquiring B.P.Ed.) Act M.P.Ed. (without acquiring B.P.Ed) as one of the qualification for the post physical education.
3. The Government have examined the proposal of the Director of School Education in the letters seventh read above and have decided to should be the qualification of the regular M.P.Ed. (after acquiring B.P.Ed) direct M.P Ed., (without acquiring B.P.Ed.) as one of the qualification of the post of physical educations teachers in High/Higher Secondary Schools of Tamil Nadu.
4. Accordingly the Government direct that the qualification of regular M.P.Ed., (after acquiring B.P.Ed.) direct M.P.Ed. (without for the port of Physical Education Teachers in High / Higher Secondary Schools of Tamil Nadu.
5. The Director of School Education has now sent proposals for issue of amendments to the Special Rules for the Tamil Nadu School Educational Subordinate Service based on the orders already issued in the Government orders read above.
6. The Government have now decided to issue necessary amendments to the special Rules for the Tamil Nadu School Educational Subordinate Service taking into account tax of all the orders so far issued in this regard.
7. The following notification will be published in the Tamil Nadu Government Gazette.
NOTIFICATION In exercise of the powers conferred by the provide to Article 309 of the Constitution of India, the Government of Tamil Nadu hereby makes the following amendments to the Special Rules for the Tamil Nadu School Educational Subordinate Service (Section 48 in Volume III of the Tamil Nadu Service Manual, 1970)
2. i) Amendment (1) hereby made shall be deemed to have come into force on the 15th July 1985.
ii) Amendment (2) hereby more shall be deemed to have come into force on the 8th April 1986.
iii) Amendment (3) hereby made shall be deemed to have come into force on the 29th June 1993
iv) Amendment (4) hereby made shall be deemed to have come into force on the 31st January 2000.
v) Amendment (5) hereby made shall be deemed to have come into force on the 20th http://www.judis.nic.in September 2001.
vi) Amendment (6) hereby made shall be deemed to have come into force on the 185 27.2.2003.
AMENDMENTS :
In the said Special Rules, in Annexure – II, against the category “ Physical Education Teachers” in column (1) and the method of appointment Direct recruitment, promotion, trans or and recruitment by transfer” in column (2) (1) for the entries in column (3), the following entries shall be substituted, namely:-
(i) (a) Post in Pre-University or Higher Secondary or Teachers School Leaving Certificate (Secondary Grade or Senior Basic) and
(b) Government Teachers’ Certificate of Higher Grade xx in Physical Education.
(or)
(i) (a) Pass in Secondary School Leaving Certificate (SSLC) and
(b) Government Teachers’ Certificate Lower Grade in Physical Education.
(2) after item (ii) in column (3) as so substituted, the following item shall be added, namely:-
(i) or (iii) a Bachelor degree in Physical Education (B.P.Ed.) (3) after item (iii) column (3) as so added the following item shall be added, namely “or (iv) A Bachelor degree in Physical Education and Sports (B.P.Ed.) offered by the YMCA College of Physical Education, Chennai or a qualification equivalent thereto” (4) after item (iv) in Column (3) as so added, the following item shall be added, namely:
“or (v) A Master degree in Physical Education and Sports offered by Annamalai University (directly acquired M.P.E.S without the degree of B.P.E.S.)”
5) after item (v) in column (3) as so added the following item shall be added, namely:-
“or (vi) A Bachelors degree in Mobility Science for the disabled (B.M.S.) offered by the YMCA college of Physical Education Chennai and other similar Colleges teaching Physical Education”.
(6) after item (vi) column (3) as so added the following item shall be added namely:-
“or (viii) A Bachelors degree in Physical Education (M.P.Ed.) whether acquired through regular course or directly acquired without acquiring a Bachelor degree in Physical Education (B.P.Ed.) Explanation :- The persons appointed as Physical Education Teachers with qualifications mentioned in items (iii) to (vii) above are not eligible for incentive increments for such qualifications” ( By Order of the Government ) C.V. Sankar Secretary to Government / true copy / (copy) Communicated for information and necessary action, The qualifications prescribed for the post of Physical Education Teacher should be strictly followed.
Any deviation in this regard will be viewed seriously.
K. Mariappan, For Director of School Education ã.K.v©. 27 84 / M2/2003, éUJef® Kj‹ik fšé mYtyf« ehŸ 28.4.2003.
http://www.judis.nic.in (efš) jftY¡F« elto¡if¡F« mD¥g¥gL»wJ) 186 Kj‹ik¡ fšé mYtyU¡fhf, éUJef® bgWe® :- kht£l fšé mYty®, éUJef® / mU¥ò¡nfh£il Ï›tYtyf gÂÎ bghW¥ghs®fŸ k‰W« f©fhâ¥ghs®fŸ.
jäœehL muR RU¡f« gâahs® mik¥ò-bjhl¡f¡ fšé Ïa¡ff«, MÁaç‹ fšé MuhŒ¢Á k‰W« gæ‰Á Ïa¡ff«, bk£çFnyr‹ gŸëfŸ Ïa¡ff«-MÁçaušyhj gâahs®fë‹ ãakd« xG§F elto¡if ngh‹wit gŸë¡ fšé Ïa¡f¤Â‹ xuyF f£Lgh£oY«, Ïju Áy ã®thf eilKiwfis mªjªj Ïa¡Fe®fë‹ ÑG« brašgl Miz btëæl¥gL»wJ.
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gŸë¡ fšé¤ Jiw (M®2) Jiw
murhiz (ãiy) v©.57 ehŸ.22.04.2003
1.murhiz ãiy v©.245, gŸë¡ fšé¤ Jiw ehŸ.11.09.2000.
2. gŸë¡ fšé Ïa¡Fe®, foj v©.112614/Á2/Á5/2000 ehŸ. 09.02.2001.
3. MÁça® fšé MuhŒ¢Á k‰W« gŸë¡ fšé Ïa¡Fe® foj v©.3286/m3/96 ehŸ. 19.07.2001.
******** Miz:
mik¢R¥ gâahs®fë‹ ã®thf f£L¥glhdJ gŸë¡ fšé Ïa¡Feç‹ Ñœ bjhl®ªJ ÏUªJ tUtjhš, bjhl¡f¡ fšé Ïa¡FeU« MÁça® fšé MuhŒ¢Á k‰W« gæ‰Á Ïa¡FeU« mik¢R¥ gâahs®fë‹ gâ ãiyæš KG ã®thf¡ f£L¥ghL bfh©L tu Ïayéšiy v‹gjhš mik¡f¥ gâahgs®fis (mYtyf cjéahs®fŸ, gÂntL vG¤j®fŸ ngh‹nwh® c£gl) gŸë¡ fšé Ïa¡f¤ÂèUªJ Ãç¤J mªjªj Ïa¡f§fëš f£L¥gh£o‹ Ñœ jå¤jå myfhf mik¡f 11.09.2000 ehë£l murhiz v©.245-š mitfŸ btëæl¥g£ld.
2. nk‰F¿a murhiz jäœeh£oš cŸs fšé¤ Jiw mYtyf§fëš gâah‰¿ tU« mid¤J tif MÁçaušyhj gâahs®fisÍ« äfΫ gh¤jqsJ v‹W«, Ϥjifa ã®thf f£L¥gh£il Ãç¥gij Ïa¡f§fëš brašg£L tU« vªj xU MÁçaušyhj Cêa® mik¥ò« nfhç¡ifia K‹ it¡fhj ãiyëY« ntW gy fhuz§fë‹ mo¥gilæY«, nk‰go murhizæid Cêa®fŸ k‰W« ã®thf eyed K‹å£L« ÂU«g¥ bgw nt©Lbk‹W jäœehL fšé¤ Jiw mYtyf¥ gâahs®fŸ r§f§fë‹ xU§»iz¥ò¡ FG bjçé¤jJ.
3. ÏJ F¿¤J gŸë¡ fšé Ïa¡Feç‹ fU¤J nf£f¥g£lJ. gŸë¡ fšé eyidÍ« ftd¤Âš bfh©L murhiz ãiy v©.245, gŸë¡ fšé ehŸ.11.09.2000ia u¤J brŒJ muR ÑœtUkhW MizæL»wJ.
i. bjhl¡f¡ fšé MÁça® fšé MuhŒ¢Á k‰W« gæ‰Á Ïa¡ff«, gŸëfŸ Ïa¡ff«, gŸë rhuh fšé Ïa¡ff«, MÁça® mk®Î thça«, kht£l¤ bjhl¡f¡ fšé¤ £l« M»a mYtyf§fS¡F gŸë¡ fšé Ïa¡Fenu xuyF ãakd mYtyuhfΫ, xG§F elto¡if, j©lid tH§F« mYtyuhfΫ ÏU¥gh®.
ii. xuy‹ Ñœ cŸs mik¢R¥ gâahs®fS¡F gjé ca®Î më¡F« nghJ gŸë¡ fšé Ïa¡Fenu gâ K¤Jçik mo¥gilæš ne®Kf miH¥ò el¤Â (through Counselling) vªj Ïa¡Feç‹ Ñœ fhèæl« cŸsnjh m§F ãakd« tH§Fth®.
iii.gŸë¡ fšé Ïa¡Fe®, bjhl¡f¡ fšé Ïa¡Fe®, MÁça® fšé MuhŒ¢Á k‰W« gæ‰Á Ïa¡Fe® k‰W« bk£çFnyr‹ gŸëfŸ Ïa¡Fe® M»nah®, jkJ f£L¥gh£oš cŸs gšntW mYtyf§fS¡F«, j‰nghJ mªjªj Ïa¡Fe®fë‹ Ñœ gâòçÍ« mik¢R¥ gâahs®fisÍ« Ïju MÁaušyhj gâahs®fisÍ« kh‰w« brŒJ bfhŸsyh«.
iv.gâtu‹Kiw jFÂfh© gUt« Ko¤jš, CÂa ã®za«, nj®Î ãiy/Áw¥ò ãiy tH§Fjš http://www.judis.nic.in ngh‹w elto¡iffis mªjªj Ïa¡Fe®fns nk‰bfhŸsyh«.
v.khãy bjhl¡f¡ fšé £l mYtyf«, jäœehL MÁça® nj®Î thça«, gŸërhuh k‰W« 187 taJ tªnjh® fšé Ïa¡ff« M»at‰¿š Fiwªj msÎ gâahs®fns cŸsjhš j‰nghija eilKiwna bjhluyh«.
(MSeç‹ Miz¥go) Á.é.r§f® muR brayhs® /c©ik efš/ efš : jftè‹ bghU£L mid¤J MŒÎ mYty®fS¡F« mD¥g¥gL»‹wJ.
x¥g« gŸë¡ fšé Ïa¡FeU¡fhf bgWe® mid¤J Kj‹ik¡ fšé mYty®fŸ mid¤J kht£l fš0t mYty®fŸ efš jiyt® MÁça® nj®Î thça«, br‹id-6 mt®fS¡F jftè‹ bghU£L mD¥g¥gL»wJ. bk£çFnyõ‹ gŸëfŸ Ïa¡Fe®, br‹id-6 mt®fS¡F jftè‹ bghU£L mD¥g¥gL»wJ. Ï›tYtf¤Âš cŸs mid¤J mytyf®fŸ.
Ï›tYtyf mid¤J¥ ÃçÎfS¡F«, gŸë¡ fšé Ïa¡Feç‹ ne®Kf cjé mYty®.
KJãiy¡ f©fhâ¥ghs®, gŸë¡ fšé Ïa¡ff«, br‹id-6. gŸë¡ fšé Ïa¡Feç‹ ne®Kf vG¤j®. bgh.k.
Copy of G.O.Ms. No. 112. Personnel and Administrative Reforms) Department, dated 23.8.2005.
ABSTRACT Public Services-Tamil Nadu State and Subordinate Services-Amendment rule 12 of the General Rules for the Tamil Nadu State and-Subordinate ‘Services- Prescribing minimum age limit for entering into Government Service in direct recruitment including' appointment on compassionate grounds – Amendment issued.
Read From the Tamil Nadu Public Service Commission Letter No. 1674/RND-D2/2003 dated 21.4.2004.
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ORDER The Government have examined the question of prescribing minimum age limit for entering into government service by direct recruitment and have decided that of persons who have completed 18 years of age are eligible for appointment to any service by direct recruitment including appointment on compassionate grounds. According the Government issue the following amendment.
2. The following notification will be published in the Tamil Nadu Government Gazette:-
NOTIFICATION http://www.judis.nic.in In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India are Government of Tamil Nadu hereby makes the following amendment to the General Rules in 188 Part 11 of the Tamil Nadu State and Subordinate Service Rules (Volume I of the Tamil Nadu Manuel, 1987).
2. The amendment hereby made shall come into force on the 23rd August 2005.
AMENDMENT In the said Rules, in rule 12 after sub-rule (bb) the following sub-rule shall be inserted namely:-
“(bbb) No persons shall be eligible for appointment to any service by direct recruitment including appointment on compassionate ground unless he has completed 18 years of age on the first day of July of the year in which the vacancy is notified” / BY ORDER OF THE GOVERNOR / K. ARULMOZHI, SECRETARY TO GOVERNMENT (I/C) / True Copy/ Jayam 3.10 For Registrar GOVERNMENT OF TAMIL NADU ABSTRACT Public Services - Ban on filling up of vacant posts by direct recruitment under Compassionate grounds - Lifting of Ban order - Issued.
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PERSONNEL & ADMINISTRATIVE REFORMS (G) DEPARTMENT G.O.Ms.No.16, Dated : 21.2.2006.
Read :
1. G.O.Ms.No.212, P&AR(P) Dept., Dated.29.11.2001.
2. Lr.Ms.No.20, P&AR(G) Dept., Dated.1.3.2002.
3. G.O.Ms.No.14, P&AR(P) Dept., Dated. 7.2.2006.
*** ORDER:
The Government have issued orders lifting the ban on direct recruitment in Government order third read above. The above orders will apply to appointments on compassionate grounds also. In continuance of the above order, tie instructions issued in Lr.(Ms).ND.20, Personnel and Administrative Reforms (G) Department, dated. 1.3.2002 are hereby cancelled with immediate effect. Detailed guidelines on such compassionate appointments will be Issued separately. http://www.judis.nic.in (BY ORDER OF THE GOVERNOR) 189 N. NARAYANAN CHIEF SECRETARY TO GOVERNMENT TO All Departments of Secretariat, Chennai.9.
The Tamil Nadu Legislative Assembly secretariat, Chennai.9. All Heads of Departments.
All Collectors and District Judges / District Magistrates and District Magistrates (Judicial) The Registrar, High Court, Chennai.104.
The Government Pleader, High .Court, Chennai.104. The Registrar. Tamil Nadu Administrative Tribunal, Chennai.6. The Senior Standing Counsel, Tamil Nadu Administrative Tribunal, Chennai.6. The Accountant General, Chennai-35.
The Director of Treasurer and Accounts, Chennai.35. The Director of Employment and Training, Chennai.5. The Pay and Accounts Officer, (North, South, East and Secretarial), Chennai.79/35/5/9, All Treasury Officers.
The Chief Minister’s Office, Chennai.9.
Copy to : All Sections in P&AR Dept. Chennai.9.
/ FORWARDED BY ORDER / SECTION OFFICER GUIDELINES FOR SCRUTINY OF FILES' BY DEPARTMENS OF SECRETARIAT FOR CONCURRENCE OF LABOUR EMPLOYMENT DEPARTMENT
1. ELIGIBLE DEPENDENTS FOR APPOINTMENT
(i) Wife / Husband / Son / Unmarried Daughter
(ii) Legally Adopted Son / Unmarried Daughter
(iii) Destitute Widowed Daughter / Daughter deserted by husband
(iv) Brother / Sister of Bachelor deceased. Government Servant
2. AGE LIMIT:
1) Wife – 50 Years G.O. Ms. No. 88, Labour and Employment
2) Husband – 40 years Department, dated 13.06.1997
3) Other dependents - 35 years G.O. Ms. No. 168, Labour and Employment Department dated 19.10.2000.
http://www.judis.nic.in
4) Departments not attaining the age Government letter No. 56810/Q1/1991-3, Labour and 190 of 18 years are also eligible for Employment Department dated 22.11.1991 compassionate appointment
3. RETIREMENT ON MEDICAL INVALIDATION :
3. Wife / Husband – 53 years (G.O. Ms. No. 68 Labour and Employment Department dated 19.10.2000.) Other dependents – 35 years (G.O. Ms. No. 168, Labour and Employment Department dated 19.10.2000.) Department not attaining the age of Government letter No. 66810/Q1/1991-3, Labour and 18 years are also eligible for Employment Department dated 22.11.1991 compassionate appointment
4. TIME LIMIT FOR APPLICATION Within three years from the date of death of Government Servant G.O.Ms. No. 120, Labour and Employment Department, dated 26.06.1995.
Time limit of 3 years – Not, applicable to the dependants of Government Servants who died before 26.06.1995 - (Government letter /Q1/1995-1. Labour and Employment Department dated 10.1995).
TIME LIMIT TO SEND PROPOSALS FOR REGULATION BY JOINTING AUTHORITY:
Proposals should be sent to the Government (in the Administrative department of Secretariat) through the Head of the Department within one year from the date of Temporary Appointment (G.O. Ms. No. 282, Labour and Employment Department, dated 19.10.2000”.
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http://www.judis.nic.in
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6) Ïwªjtç‹ FL«g¤Â‰F mtuJ CÂa¤Âid jéu ntW tUkhdäšiy. mtuJ kiwé‰F¥ ÃwF FL«g« t¿a ãiyæš cŸsJ. Ï¡FL«g¤Â‹ j‰nghija M©L tUkhd« %. /- (%ghŒ.________________________________)
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GOVERNMENT OF TAMIL NADU
ABSTRACT
Public Services- Appointment on Compassionate ground Appointment to the legal heirs of Government Employees and Teachers who died during the strike period in July 2003 on Priority basis
- orders – issued.
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LABOUR AND EMPLOYMENT (Q1) DEPARTMENT
G.O.Ms.No. 123 Dated: 06/09/2006
Read:
G.O.Ms.No. 61, Labour and Employment, dated 19,7.2006
-----
ORDER:
In the Budget for the year 2006-2007 among, other things, the following announcement was made http://www.judis.nic.in “Priority will be given to the legal heirs 193 of Government Employees and teachers who died during the strike period” in accordance with the above said Budget announcement the Government direct that the Departments of Secretariat, All leads of Department, and all Collectors should take immediate action to mate appointment, on Priority basis to the legal heirs of the Government Employees and Teachers who died during the. strike period in July, 2003 on Compassionate grounds after following the guidelines issued in G.O.Ms.No. 61, Labour and Employment Department, dated 19.7.2,006.
(By order of the Governor) L.K.TRIPATHY, CHIEF SECRETARY TO GOVERNMENT.
To All Departments of Secretariat, Chennai-600 005.
The Tamil Nadu Legislative Assembly Secretariat, Chennai-600 009.) All Heads of Departments.
All Collectors/ District Judges./ District Magistrates (Judicial) The Registrar, High Court, Chonnai-600 104.
The Government Pleader, High Court, Chennai – 600 104. The Accountant General, Chennai – 600 035 The Commissioner of Treasuries and Accounts,Chennai-35 The Commissioner of Employment &Training, Guindy, Chennai – 600 032.
The Secretary, Tamil Nadu Public Service Commission, Chennai 600 002.
The Pay & Accounts Officer (North), Chennai – 600 079. The Pay & Accounts Officer (South), Chennai – 600 035. The Pay & Accounts Officer (East), Chennai – 600 05.
The Pay & Accounts Officer, Secretariat, Chennai – 600 009. All Treasury Offices, The Chief Minister’s Office, Chennai - 600 009.
The Special Personal Assistant to Minister (Labour), Chennai – 600 009.
Copy to :
All Sections in Labour and Employment Department, Chennai – 600 009.
/FORWARDED BY ORDER/ SECTION OFFICER.
GOVERNMENT OF TAMIL ABSTRACT Public Services, Appointment on Compassionate grounds - Lifting of ban on filling up of posts by temporary Appointment on Compassionate grounds Ordered Guidelines – Issued.
Labour and Employment (Q1) Department
http://www.judis.nic.in
G.O.(MS).NO. 61 Dated: 19-07-2006
194
Read:
G.O.(MS.)NO.16, P&AR (P) Department, dated:21.2.2006 ORDER:-
The Government have issued, orders, in the G.O. read above, lifting the ban on filling up of posts by temporary appointments on compassionate grounds composed in Letter (Ms) No.20, Personnel and Administrative Reforms (G) Department, dated 1.3.2002. It has also been ordered therein that detailed guidelines on such compassionate appointments will be issued separately.
2. The Government, after careful consideration, examined the matter and order as follows:-
i. Compassionate ground appointments shall be made to the posts in 11 'C and ‘D’ Groups;
ii. The existing , guidelines for fixing of the time limit for filing application and relating to indigent circumstances be continued;
Copy of :
ABSTRACT Personnel - Tamil- Nadu State and Subordinate Services - Ban on recruitment--lifted - Relaxation-;of Upper age limit for Relaxation of upper age limit for -entering into Government service by five years to unemployed youth - orders - Issued..
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PERSONNEL AMD ADMINISTRATIVE REFORMS(S.) DEPARTMENT G.O.MS.MO.98 Dated 17.7.2006 Read:
1. G.O.Ms.No. 212 personnel and. Administrative Reforms (P) Department, dated 29. 11.2001.
2. G.O. No. 14 Personnel and Administrative Reforms (p) Department dated 7.2.2006 ORDER:
The Government in their orders first read above, have issued orders banning the filling up of vacant posts in the State and Subordinate Services by direct recruitment, except in respect of direct recruitment, except in respect of certain categories of posts considered essential, such; as Teachers, Doctors and police constabulary. In their orders second read above, the above ban on direct recruitment was lifted with immediate effect.
2. His Exce11ency the Movement of Tamil Nadu, in his address in the Tamil Nadu Legislative Assembly on 24.5.2006, has among others, announced that the upper age limit for entering into http://www.judis.nic.in Government service Will be relaxed by five years, to enable the unemployed, youth affected by the 195 ban order on recruitment to apply, for Government jobs.
3. The Government after careful consideration accordingly direct that the upper age limit for entering into Government service shall be relaxed by five years to enable the unemployed youth affected by the ban order on recruitment, to apply for Government jobs.
4. Necessary amendments to the General rules for Tamil Nadu State and Subordinate Services will be issued separately.
(BY ORDER OF THE GOVERNOR) GIRIJA VAIDYANATHAN, SECRETARY TO GOVERNMENT / true copy / ABSTRACT Rules- Tamil Nadu State and subordinate Services – Service right of Government Servants in more than one service. Provision to General Rule 9 – amendment – Issued.
------------------------------------------------------------------------------------------------------------------------- PERSONNEL AND ADMINISTRATIVE REFORMS(S) DEPARTMEN G.O. No. 103 Dated : 21.7.2006 Read:
1.G.O.Ms. No. 363, Personnel and Administrative Reforms (S) Department dated 21.06.88.
2. From the Tamil Nadu Public Service Commission, Letter No. 3539 / RND-D2/2006.
ORDER:
The following Notification will be published in the Tamil Nadu Government Gazette:-
NOTIFICATION In exercise of the powers conferred by the proviso to Article 309; of the Constitution of India, the Governor of Tamil Nadu here by makes the following amendment to the General Rules in Part II of the Tamil Nadu State and Subordinate Service Rules (Volume I of the Tamil Nadu Service Manual, 1987)
2. The amendment hereby made shall come into force on the 21st July 2006.
AMENDMENT In the said Rules, in rule 9, for the proviso, the following proviso shall be substituted, namely:-
http://www.judis.nic.in“Provided that a member of a service who is appointed to another service outside his regular line and is continuing in that service beyond five years shall not continuing in that service beyond 196 five years shall not be considered for promotion or for appointment by recruitment by transfer to higher post in his regular line eventhough he is otherwise qualified under the rules for such promotion or appointment, unless he returns to the former service and puts in a fresh service for a period of not less than one year in the former Service”. (BY ORDER OF THE GOVERNOR) GIRIJA VAIDYANATHAN, SECRETARY TO GOVERNMENT / true copy / OFFICE OF THE DIRECTOR OF SCHOOL EDUCATION: CHEHNAI-6. K.Dis. No. 067262/C9 Section / C6/06 dated 21.8.06 Copy communicated to all the inspecting officers for information.
P. PALANISAMY, for Director of School Education, /t.c.f.b.o/ Superintendent To
1. All the Chief Educational Officers.
2. All the District Educational Officers.
LABOUR & EMPLOYMENT DEPTT., SECRETARIAT, CHENNAI-600 009.
Lr.Ms.No.126/Q-1/2006 Dated 16 th September 2006 From Thiru L.K. TRIPATHI, I.A.S., CHIEF SECRETARY TO GOVERNMENT To The Departments of Secretariat, Chennai-600 009 Tamil Nadu Legislative Assembly Secretariat, Chennai-600 009 Head of Departments.
The Collectors/ District Judges / District Magistrates (Judicial) The Registrar, High Court, Chennai-600104. The Government Pleader, High Court, Chennai-600 104. The Accountant General, Chennai-600 018 The Commissioner of Treasuries and Accounts., Chennai-35. The Special Commissioner and Commissioner of Employment & Training, Guindy, Chennai-600 032 The Secretary, Tamil Nadu Public Service Commission, Chennai-600 002 The Pay & Accounts Officer (North), Chennai-600 979 The Pay & Accounts Officer (South), Chennai-600 035 The Pay & Accounts Officer (East,) Chennai-600 005 The Pay & Accounts Officer , Secretariat, Chennai-600 009 All Treasury Officers The Chief Minister’s Office, Chennai-600 009, The Special Personal Assistant to Minister (Labour), Chennai-600 009 http://www.judis.nic.in Sir, 197 Sub: Public Services - Appointment on compassionate grounds - Lifting of ban on filling up of posts by ; temporary appointment on Compassionate grounds Guidelines issued - Clarifications and Instructions Ref: G.O.Ms.No. 61 L&E dated 19.07.2006 In the G.O. cited, the following guidelines on compassionate appointments have been issued:-
i) Compassionate ground appointment shall be made to the posts in ‘C’ and ‘D Groups;
ii) The existing guidelines for fixing o f t he t ime li mit f o r f ilin g appl ic at i on and r elated t o Ind igen t c ircu mst an ces be c ont inued ;
i ii) A st a f f co mmi t tee ma y b e c on st itu ted ' under th e Ch ai r man ship o f Ch ief Secre ta ry and th at C ommi t tee sh all exa mine i n de ta il a nd pl ace t he r eco mmend at io n s f o r c ons id er at i on of t he C ab inet.
2. C ert a in G o ver nmen t d epar tment s ha ve enquired about adher ence o f th e gu idel ine s f or implement at i on o f the said G.O, The Go v ern ment, t here f or e, cl ar if y th at the gu i delin es un der item nos. (i) a nd (i i) of the G.O.M s. No . 61 L&E d ate d 19.07.2006 are clear ly spelt out the lev el o f ap po in t ment to the p os ts in ' C’ a nd ‘ D’ G ro ups o n compassionate gr ound s and ot her is sue s v iz. cont i nuan ce o f the existing guidelines for f i xin g o f th e t ime limi t f o r f i lin g app lic at io n s a nd related to Indigent c ir cums tan ce s o f the f a mil y of the decea sed Government—Servant. A cco rd in gly, the Go v ernmen t dir ect t ha t all Depar t ment s of Secretariat, HODs a nd D is tr i ct C ollect or s s hall i mplemen t t he ab o v e Government Order .by s tr i ctly ad her ing t o t he gu idel ine s is su ed ba sed on the directions of the Supr eme C o ur t of I ndi a in re spe ct o f ind i gency, i mmed i ac y in the following manner:-
( i) In re spec t o f Of f ic e A s si st a nt s, t yp i st s and Sten o- Typ is ts as Well as any o ther no n co mmon c ate go ry p os t s in ‘C ’ & ‘ D’ Gr oup s, the av a il able ap pr ov ed v a ca nci es c an b e f i lled up b y the eli gib le c and ida te s und er c omp as si on a te gr ound a nd ( ii) In resp ec t of J uni o r A s si st an t s 2 5% of av a il ab le ap pr o v ed v ac an cie s c an b e f i 11 ed u p by the el igib le co mpa ss i on a te gr ound c and id ate s.
Sui ta ble i ns tr uct io ns may al so b e is su ed t o all th e ap p oin t in g aut hor i ti es in th i s r egar d.
The r eceip t of the let ter may be ac kno wled ged .
L. K. TRI PA THY, C HIE F SEC RETARY TO GOVERNMENT.
/ f o rw arded / by o rder / http://www.judis.nic.in SEC TI ON O FF IC ER 198 GOVERNMENT OF TAMIL NADU ABSTRACT Public Services - The Tamil Nadu Ministerial Service / The Tamil Nadu Judicial of Junior Assistant on Compassionate ground Allocation of vacancies – Orders-issued
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PERSONNEL AND ADMINISTRATIVE REFORMS(P) DEPARTMENT GO. Ms. No. 154 Dated : 19.09.2006 READ:
1.G.O.Ms.No. 14, Personnel and Administrative Reforms Department, dated 7.2.2006.
2.G.O.Ms.No. 16, Personnel and Administrative Reforms Department, dated 21.2.2006.
3.G.O.Ms. No. 61, Labour & Employment Department, dated 19.7.2006.
***** ORDER: -
Consequent on issue of orders lifting the ban on direct recruitment in the Government Order first read above, the ban on compassionate ground appointment was also cancelled in the Government Order second read above. In the Government Order third read above, necessary orders have also been issued for appointment on compassionate ground to the posts in C'& D groups.
2. Government now, direct that 25% of the vacancies in the post of Junior Assistant (Group C) to be filled by direct recruitment in the Tamil Nadu Ministerial Service/ Tamil Nadu Judicial Ministerial Service be reserved for appointment on compassionate ground subject to the fulfillment of the other conditions prescribed by Government for such appointment from time to time.
3. The Head of Departments are hereby requested to issue, necessary instructions to the competent authorities for making appointment on compassionate grounds accordingly.
(BY ORDER OF THE GOVERNOR) L.K. TRIPATHY CHIEF SECRETARY TO GOVERNMENT To All Secretaries to Government, Chennai-9.
All Departments of Secretariat, Chennai 9.
All Heads of Departments.
All District Collectors/Principal District Judges. The Secretary, Tamil Nadu Public Service Commission Chennai 2.
The Registrar(GI.) High Court.
http://www.judis.nic.in The Government Pleader, High Court The Accountant General, Chennai-9/18/35.
199All Sections in Personnel and Administrative Reforms Department- Chennai 9. The Chief Minister’s Office, Chennai-9.
Stock File / Spare Copy.
/Forwarded/By Order/
Section Officer
T&PSC.No.373/2007 Dated : 20.2.2007
From
Thiru. M.PARANTHAMAN, B Com., B.L.,
Assistant Registrar (Writs),
High Court, Madras.
To,
1. The Director of School Education, D P I. Complex, College Road, Nungambakkam, Chennai-6.
2. The Chief Educational Officer, O/o.Chief Educational Office, Thiruvarur.
3. The District Educational Officer, O/o. District Educational Office, Thiruvarur. Sir, Sub: Special Leave to Appeal (Civil) No.2468 of2007 Supreme Court of India against WP.No. 18916 of 2004 High Court, Madras - Copy of the Order contained Record of Proceedings of the Supreme Court of India dated.12.1.20017 Communication - Regarding.
Ref: Supreme Court's Letter D.N0.4394/2006/XII dated.5.2.2007.
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I am to enclose herewith a xerox copy of the Order contained Record of Proceedings of the Supreme Court of India, dated. 12.1.2007 passed in the above case for your information and necessary action.
Yours faithfully, ASSISTANT REGISTRAR (WRITS).
Encl: Copy of Order contained Record of Proceedings.
Copy to:
4.The Section Officer, Writ Section, High Court, Madras.
5.The Section Officer, ER Section, High Court, Madras.
ITEM.NO. 10 http://www.judis.nic.in COTRT N0.6 Section XII 200 SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil No(s) 2468 of 2007 CC No. 10187 (From the judgement and order dated 20/02/20Os in WP No. 18916/2006 of The HIGH COURT OF MADRAS) DIRECTOR OF SCHOOL EDUCATION Petitioner(s) Versus U. Arulmozhi Respondent(s) with I.A. No. 1 (c/delay in filling SLP) Date : 12/01/2007 This Petition was called on for hearing today. CORAM :
HON’BLE MR, JUSTICE H.K.SEMA HOBBLE MR. JUSTICE P .K. BALASUBRAMAYAM For Petitioner(s) Mr. T.L.V. Iyer, Sr. Adv.
Mr. V.G. Pr5agasan, Adv.
Mr. S. Vallinayagam, Adv.
Mr. S. Rama Subramanian, Adv.
For Respondent(s) UPON hearing counsel the Court made the following ORDER Delay condoned.
In view of the given facts and circumstances of this case, we see no reasons to interfere. The Special Leave Petition is dismissed. The question of law is however, left open.
( Ravi P. Verma ) (Anand Singh)
Court Master Court Master
ABSTRACT
Public Services - Appointment on compassionate grounds - Recommendations of the Staff Committed -Orders issued.
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http://www.judis.nic.in
Labour and Employment (Q1) Department
201
G.O. (Ms.) No.42 Dated: 12.03.2007
Read:
G.O.(Ms) No. 62, Labour, and Employment (Q1) Department, dt. 19.7.2006.
ORDER:
In the G.O. first cited the Government constituted a staff committee under the Chairmanship of Chief Secretary to Government, Recommendations of the Staff Committee have been placed before the Cabinet on 3rd March 2007 and the Cabinet, after detailed discussion, decided as follows:-
(1) to accept the recommendation of the Staff Committee constituted under the Chairmanship of the Chief Secretary regarding guidelines on compassionate appointment, (2) to extend the period -for receiving applications for appointment on compassionate ground for three months considering the ban order on filling up of vacant posts in force from 29.11 2001 to 21.02.2006 and (3) to examine the issue of inter-departmental appointments in ‘C’ and ‘D’ category posts where adequate vacancy is not available; in respect of compassionate ground appointments.
2. Based on the decisions taken by the Cabinet* accepting the recommendations of the Staff Committee, the Government hereby issue the following guidelines for appointment on compassionate grounds:-
2.1 The conditions laid down by the Supreme Court regarding appointment on compassionate grounds shall strictly be followed. 2.2 Appointments on compassionate grounds are being given to the dependant of the deceased Government servant who died in harness. The existing guidelines with regard to dependants shall be continued.
2.3 The observation of Supreme Court is that the posts in Class III and IV are the lowest level posts and hence, they alone can be offered on compassionate grounds. Accordingly, orders have been issued in G.O.Ms No. 61, & L&E Dated 19.7.2006 that Compassionate appointment shall be made to the posts in ‘C’and ‘D’ Groups only. The above orders shall be continued. 2.4 As regards Indigent circumstanced, the appointing authorities shall examine the financial condition of the family of the deceased Government servant and offer a job to an eligible member of the family only after satisfying themselves that but for the provision of employment, the facility will not be able to meet the crisis. A certificate from the Tahsildar regarding the indigency of the family should be-obtained. Issue of certificate by Tahsildar should be based on detailed inquiry. Orders have already been issued in G.O.Ms. No. 61, L&E Dated 19.7.2006 to continue the existing guidelines related to indigent circumstances and these guidelines shall he continued. The family pension of the deceased employee and the 'immovable property like living house of the employee need not be taken into account while assessing the income of the family.
http://www.judis.nic.in 202 2.5 The existing time limit of 3 years for filling application from the date of death of the Government servant shall be continued as per orders issued in the G.O first read above.
2.6 Appointment on compassionate grounds shall be made only against the actual Vacancies and no supernumerary posts shall be created.
2.7 Dependants of only regular: Government servants who died in harness shall be given appointment of compassionate grounds. No appointment on compassionate grounds shall be given to dependants of casual, of temporary Government servants appointed under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Services Rules.
2.8 Compassionate grounds appointment to the post of Assistant in "the Departments of Secretariat shall be made by the Personnel and Administrative Reforms Department for which applications received by the departments shall be processed and recommended for appointment.
2.9 Appointment to the posts of Office Assistants and Record Clerks in the Departments of Secretariat shall be made by the respective Departments In the existing vacancies. The appointing authority shall take necessary action for issue of orders after observing the guidelines in vogue.
2.10 The Heads’ of Departments or Collectors or District Level officers, who are appointing authorities, shall appoint eligible applicants to the posts in ‘C’ and ‘D’ Groups. Existing guidelines and Government Orders regarding regularisation of services of the persons appointed on compassionate ground shall be strictly followed.
3. Priority to the dependants of the deceased Government servants and Teachers, who were working on regular basis and died during the strike period in July 2003, shall be given appointment on compassionate grounds, as ordered in G.O.Ms.No.123 L5fE dated 8.9.2006 observing the guidelines issued in G.O.Ms. No.61, L & E Dated 19.7.2006 and other formalities in vogue.
4. Appointment on compassionate grounds are made in ‘C’ . and ‘D’ Groups only. Neither the qualification of the applicant nor the post held by the deceased employee Is relevant. Appointment to the posts in ‘B’ Group cannot be made as laid down by the Supreme Court. The appointing authority shall, however, consider if the dependant of the deceased employee wishes to accept employment in ‘G’ Group and if otherwise eligible. Pending applications seeking compassionate ''appointments under ‘B’ Group be disposed off accordingly,
5. Existing provisions for appointment On compassionate grounds to the dependants of defence personnel, who died or disabled in war shall be continued and the revised guideline's issued in G.O.Ms. NO. 61 L&E dated 19.7.2006 be followed while making such.
6. As regards appointment on compassionate grounds to the dependants of the persons belonging to Scheduled castes killed in a communal clash, the existing provisions as laid down in G.O.&.MS.NO.896, Labour and Employment dated 09.07.1990 shall be continued subject to the guidelines issued in G .Q,Ms,No.61, L & E dated 19.7.2006. http://www.judis.nic.in
7. The Government hereby extend the period for receiving application for appointment 203 on compassionate grounds for three months from the date of issue of this order, considering the ban order on filling up of vacant posts, which was in force from '29.11.2001 to 21.2.2006.
8. The Government decided to examine the issue of interdepartmental compassionate appointments in *C’ and ‘D* category posts, where adequate vacancy is not available in a department to which the deceased Government servant belonged.
II BY ORDER OF THE GOVERNOR II L.K. TRIPATHY, CHIEF SECRETARY TO GOVERNMENT To All Departments of Secretariat, Chennai-600 009. The Tamil Nadu Legislative Assembly Secretariat, Chennai-9. All Collectors/ District Judges I District Magistrates (Judicial) The Registrar, High Court, Chennai-600 104. The Government Pleader, High Court, Chennai-600104. The Accountant General, Chennai - 600 018 The Commissioner of Treasuries and Accounts, Chennai - 600 035 The Commissioner of Employment Training, Guindy, Chennai-600 032 The Secretary, Tamil Nadu Public Service Commission, Chennai - 600 002.
The Pay & Accounts Officer (North), Chennai-600 079 The Pay Accounts Officer (South), Chennai- 600 035 The Pay & Accounts Officer (East,) Chennai-600 005. The Pay & Accounts Officer Secretariat, Chennai-600 009\ All Treasury Officers The Chief Minister's Office, Chennai-600 009 The Special Personal Assistant to Minister (Labour), Chennai - 600 009.
Copy to: -
All Sections in Labour and Employment Department, Chennai - 600009 // FORWARDED BY ORDER // SECTION OFFICER http://www.judis.nic.in 204 Secretariat Chennai – 9.
Labour and Employment Department Letter (Ms) No. 202, dated 08.10.2007 From Thiru Ramesh Kumar Khanna, I.A.S., Secretary to Government.
To All Departments of Secretariat, All Secretariats to Government, All Heads of Departments.
All District Collectors The Commissioner of Land Administration, Chennai – 5. The Special Commissioner & Commissioner of Revenue Administration Chennai – 5.
The Registrar, High Court, Chennai-600 104.
The Special Commissioner & Commissioner of Employment & Training, Chennai – 32.
All District Judges, The Secretary, Tamil Nadu Public Service Commission, Chennai – 5. The Accountant General, Chennai – 18.
The Accountant General (Audit) Chennai – 36.
All Pay & Accounts Officer / All Treasury Officers.
The Tamil Nadu Legislative Assembly Secretariat, Chennai – 9. The Secretary to Chief Minister, Chennai – 9.
All Senior Personnel Assistant to the Ministers, Chennai – 9.
Sir, Sub : Public Service – Schemes of Commissioners ground appointment. Time limit to present application – Time Limit fixed instructions issued.
Ref : 1) G.O. Ms. No. 120 Labour and Employment Department dated 26.06.1995.
2) Govt. Letter No. 39924/Q1/2005-1 Labour and Employment Department, dated 11.10.1995.
3) From the Collector of Tirunelveli D.O. Letter Roc. No. A4/106755/2002 dated 28.08.2003 addressed to the Special Commissioner and Commissioner of Revenue Administration, Chennai – 5.
4) From the Special Commissioner and, Commissioner of Revenue Administration, Chennai - 5, Letter No. 104/ 47209.
I am directed to state that on the recommendations of the staff Committee, orders were issued in paragraph 2.6 of the Government Order fifth cited among others that the existing time limit of 3 years for filling of applications from the date of death of the Government servant shall be continued.
http://www.judis.nic.in 2. As per the above direction, many department of Secretariat / Some of the Heads of Departments have now requested to seek general clarifications issued in Government letter second cited indicating that the time limit of three years period specified in the Government order first 205 cited is applicable to the dependants of the Government servants who died while in service on or after 26.06.1996 and the above said Government order are not applicable to past cases.
3. The very purpose of giving compassionate ground appointment scheme is only to help the family of the deceased Government Servant to tide over the sudden indigent circumstances unexpectedly created by the sudden and untimely death of the Government Servant. So the appointment should therefore be provided immediately to redeem the family in distress and the provision of compassionate appointment after a lapse of very long time defeats the very purpose of the compassionate ground appointing scheme. The Supreme Court has made critical observations with regard to this issue and that the critical issue is whether the family cannot be considered in indigent circumstances. In view of this, the instructions issued in the reference 2 nd cited could not be considered to be applicability to past cases after the lapse of 3 years, even where the government servant died prior to 26.6.95. In other words the applicability of the clarification issued in second letter said was for only to past cases to cover the period of 3 years only and not for infinite period.
4. In this connection, I am to add that based on the direction of the Supreme Court regarding indigent circumstances of the family and the decision taken by the Cabinet accepting the recommendations of the staff committee, the Government direct that the compassionate ground appoint have to be made as per the detailed guidelines issued in the Government Order fourth cited it has been clearly mentioned that the existing time limit of 3 years for filling applications from the date of death of Government Servant shall be continued.
5. I am, therefore, to request you to fellow the above guidelines issued in the Government Order fifth cited for all present past and future cases and the instructions issued in Government Letter second cited cannot be taken into account. The crux of matter is that the time limit shall be 3 years for filling of application from the date of the death of Government servant and is applicable to all cases, including where the Government Servant has died in Service even prior to 26.6.1995 also.
Yours faithfully, for Secretary to Government Stock File / Space Copies Proceedings of the Director of School Education, Chennai – 600 006. Rc. No. 37408/J3/2009 Dated 06-05-2009 Copy communicated for information and necessary action and its receipt may be acknowledged at once.
(Sd/-) G. Arivoli For Director of School Education To All Chief Educational Officers, All District Educational Officers, All District Elementary Educational Officers, All Officers in the Directorate of School Education All Sections in the Directorate of School Education Inspector of Anglo Indian Schools Chief Inspector of Physical Education (Men) & (Women) http://www.judis.nic.in Copy to – J1, J2, J3, J4 Copy to – P.C. to Joint Director to School Education (Per) 206 Copy to – Administrative Officer Spare – 5 /True Copy / Forwarded by Order / Superintendent foj v©.38454/gâ9(1)/07-1, ehŸ.27 mD¥òe® ÂU.m«ò{ r®kh, Ï.M.g., muR brayhs®.
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gh®it: 1) j§fŸ foj v©.MF3/65586/02, ehŸ.25.09.2002.
2) muR foj v©.,49352/gâ9(1)02-6, tUthŒ¤Jiw, ehŸ.10.01.2005.
3) j§fŸ foj v©.MF3/46213/07, ehŸ.28.08.2007.
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j§fŸ e«Ã¡ifÍŸs, kh.m‹gHf‹, 31.12.2007 muR brayhsU¡fhf http://www.judis.nic.in 207 Abstract Public Services - Appointment on Compassionate grounds - Employment assistance to the families of deceased Government ''Servant Procedure for appointment on Compassionate Ground – Inter departmental Compassionate appointments in ‘C’ and ‘D’ category posts where adequate vacancy is not available - Orders Issued.
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Labour and Employment (Q1) Department G.O.(Ms.)-No. 216 Dated :15.11.2007
1.G.O.Ms.No.314, Labour and Employment Department, dated 13.11,1991 .
2.G.O.Ms. 154, Personnel & Administrative Reforms Department, dated 19.09.2006.
3.G.O.Ms.No.42, Labour and Employment Department, dated 12.3.2007,
4.Letter (Ms.) No. 202, Labour and Employment Department, dated 8.10.2007. Orders :-
In the Government Order first read above, the following consolidated instructions have already been issued by the Government to all the Heads of Departments, all Collectors, Departments of Secretariat, the Registrar of High Court of Madras and to the Secretary, Tamil Nadu Public Service Commission:-
(1) normally the dependant of a deceased Government servant should apply for appointment on compassionate grounds only to that Office, where the Government servant was In service at the time of his death.
(2) The Head of the Office should then verify the facts 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 educational qualifications, etc. (3) After verification, the Head of the Office should within a month from the date of receipt of application from the dependant, submit the application along with his report to the Head of the Department indicating also whether any vacancy exists in his office for providing employment to the applicant.
(4) After considering the request if any vacancy exists either in the Office in which the deceased Government servant was working at the time of this death or In -his Office, the Head of the Department should issue, orders of appointments immediately and 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 age, educational qualification etc. If any relaxation is necessary, he should send necessary, proposals , within 15 days to the Government in administrative Department for orders.
(5) If no vacancy exists either in his Office or In the Office in which the deceased Government servant .was working, then he should ascertain from the various Heads of Offices under his control whether any vacancy exists in any one of these office to provide employment to the dependant with reference to his educational qualifications etc. This exercise should be completed within a period of 60 days. Vacancies that may arise in the near future, that is to say for the next 12 months should also he taken into consideration for the purpose, if vacancy is likely to arise in the near future, the applicant may be informed-of the fact and advised to wait till then and as soon as a vacancy arises, he should be given employment.
(6) In case the Head of the Department finds' that there is no vacancy in any of his offices or http://www.judis.nic.in In the near future or where the dependant of the deceased Government Servant possesses qualifications which do not ..permit his or her appointment to any post in that Department also 208 where the dependant possesses beiter qualification for appointment in ptfier. Departments,. then, the Head of the Department should send the name and all relevant particulars to the Collector of the District in which the deceased Government servant last worked.
(7) The Collector of each District; should maintain a Special Register for this purpose and enter therein the name and other details of such dependants. This Register wilt be maintained separately.
(8) Whenever a vacancy in the category of Office Assistant / Record Clerk/ Junior Assistant /Typist, etc., arises in any Department including the Head of the Department, referred to in instruction above, the Head of the Department should first address the Collector of the District in which the vacancy has arisen and find out whether any dependant of a deceased Government servant is available for consideration for appointment to that post.
(9) On receipt of such enquiry from a Head of Department, the Collector send the same or names and details of dependant from the Special Register, depending upon the number of vacancies and as per the seniority, for consideration for appointment m that Department.
(10) Before notifying any such vacancy to the Tamil Nadu Public Service Commission or Employment Exchanges, each Head of the Department should first address the Collectors and only after obtaining from them a certificate of non availability of the candidate in the Special Register maintained by them with reference Instruction (7) above, exchange should be addressed.
(11) If any persons are already available with the Collectors per G.O. Ms. No. 1179, P.&.A.R dated 17.10.1979, for providing employment assistance; under compassionate grounds, such cases should be re examined by the Head of Departments concerned, on the lines of instructions (1) to (10) above.
(12) The District Collectors should send a quarterly report to the Government- In- Labour and Employment Department to watch the progress of the “Special Register"', proposed for dependents of the deceased Governments Servant. The reports should be sent by 15th of the month following the quarter.
2. In the Government Order third read above, based on the recommendations of the Staff Committee and decision taken by the Cabinet on 3.3.2007, certain guidelines were issued among, others for appointments on, compassionate ground in Item no.8, as detailed below :
“The Government deemed to examine the issue of inter departmental Compassionate appointments in ‘C’ and ‘D’ category posts, where adequate posts is not available in a department to which, the deceased Government Servant belonged".
3. The Government have decided to reiterate its earlier instructions issued in Government order first read above and accordingly direct that the District Collectors, Heads of Departments and all other appointing authorities have to follow the instructions Issued in the above Government order whenever vacancies are not available In their departments for. providing of compassionate ground appointment as per the requisite qualifications to the dependants of the deceased Government Servants who died In harness while In services in their department by fixing the seniority of such appointees from the date of their appointment in that departments without affecting the service rights of the existing persons in orders issued department, and also to follow the G.O.Ms.No: 154, Personnel & Administrative Reforms Department, dated 19.9.2006 % of the vacancies in the post of Junior Assistant be reserved for appointment on compassionate ground, http://www.judis.nic.in
4. The Government also direct that the above instructions shall be followed while making compassionate ground appointments in ‘C’ and ‘D’ category ' in the Departments of Secretariat 209 also., (By ORDER OF THE GOVERNOR) L. K. TRI PA THY, C HIE F SECRETARY TO GOVERNMENT To All Departments of Secretariat. Chennai-600 008. The Tamil Nadu Legislative Assembly Secretariat, Chennai-9. AH Heads of Departments, Ail Collectors / District Judges / District Magistrates (Judicial) The Registrar, High Court, Chennai – 600 104. The Government Pleader, High Court, Chennai – 600 104. The Accountant General, Chennai - 6 0 0 GIB, The Commissioner of Treasuries and Accounts, C h e n n a i - 800 035 The Special Commissioner and Commissioner of Employment & Training , Guindy, Chennai-^SOO 032.
The Secretary, Tamil Nadu Public Service Commission, Chennai - 800 002.
The Pay & Accounts Officer (North), Chennai-600 079. The Pay & Accounts Officer (South), Chennai-600 035, The Pay & Accounts Officer (East) Chennai-600 005. The Pay & Accounts Officer , Secretariat Chennai-BOD 009 AM Treasury Officers, The Chief Minister’s Office, Chennai-600 009. The Special Personal Assistant to Minister (Labour), Chennai - 600 009.
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foj« v©.12229/o2/2007, ehŸ.22.01.2008.
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2. muR foj« v©.12229/o2/2007-3, ehŸ.07.06.2007.
3. j§fŸ kD ehŸ.25.06.2007 k‰W« ãidñ£LfŸ ehŸ 09.058.2007, 25.10.2007 k‰W« 12.12.2007.
4. muR foj« v©.12229/o2/2007-4, ehŸ. 07.08.2007 k‰W« 14.08.2007 (gŸë¡ fšé Ïa¡FeU¡F Kftçæ£L j§fS¡F efèl¥g£lJ).
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4. nkY«, és¡f§fŸ, nfhç¡iffŸ, FiwghLfŸ fisjš, M»at‰W¡fhf nk‰go r£l¤Âš têtiffŸ bra¥g¥gléšiy. jéu jäœehL jftš Miza®, br‹id, jdJ tH¡F v©.2017/tnic/kk/06-š 06.11.2006 ehë£l m¿ÎW¤jèš, é©z¥gjhu®fŸ Ï¢r£l¤Â‹ Ñœ jftšfis¤jh‹ bgw ÏaYnk jéu, Fiwfis ãt®¤Â brŒJ bfhŸs ÏayhJ v‹W V‰fdnt F¿¥ghf¤ bjçé¤JŸsJ.
5. nk‰fh© Nœãiyæš, gh®it _‹¿š cŸs, xnu bghUŸ Ûjhd j§fsJ gšntW kD¡fëš it¡f¥g£LŸs nfhç¡iffŸ ÛJ cça bjhl® elto¡if vL¤Âl VJthf, mš nfhu¥g£LŸst‰iw bjëthf tçir¥gL¤Â bjçé¡FkhW«, nk‰go jftš m¿Í« cçik¢ r£l« 2005, ÃçÎ2(v¥) k‰W« 2(n#) M»at‰¿š ã®zæ¡f¥g£l tiuKiw¡FŸ/tu«Ã‰FŸ mit x›bth‹W« v›tifæš ml§F« Kj‰f© bjëth¡FkhW«, nf£L¡ bfhŸ»nw‹.
j§fŸ e«Ã¡ifÍŸs, nfh.fnzr‹, muR TLjš brayhsU¡fhf 24.01.2008.
efš gŸë¡ fšé Ïa¡Fe®, br‹id-6.
T&P SC (MD) No. 53/2008 Dated: 15.02.2008 From G.Pachaiyappan, B.A.,LL.B., Assistant Registrar (T&P).
Madurai Bench of Madras High Court, Madurai - 625 023.
To
1. The Director of School Education College Road, Chennai -600 006.
http://www.judis.nic.in
2. District Educational Officer, 211 Sivagangai, Sivagangai District.
Sir, Sub: Petition for Special Leave to Appeal(Civil) No.2420 of 2008 on the file of the Supreme Court of India against the Order and Judgment in W.A. (MD) No.209 of 2007 on the file of the Madurai Bench of Madras High Court, Madurai - Petition ordered - Information-Regarding.
Ref: Supreme Court’s Letter in D.No.5903/2007/Sec.XII Dated 28.01.2008
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I am to forward herewith the copy of letter from the Hon’ble Supreme Court of India, stated that the above mentioned Petitioner for Special Leave to Appeal (Civil) No.2420 of 2008 was filed and the same was ordered on 09.01.2008.
Kindly acknowledge the receipt of this letter.
Yours faithfully, ASSISTANT REGISTRAR (T&P) Copy to :The Record Keeper, ER Section, Madurai Bench of Madras High Court Madurai.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL)NO. 2420 OF 2008 (Petition under Article 136 of the Constitution of- India for Special Leave lo Appeal against (he Judgment and Order dated 24th August, 2007 of the High Court of Madras (Madurai Bench) at Madurai in W.A. of 2007) WITH PRAYER FOR INTHRIM- RELIEF
1. The Director of School Education College Road, Chennai – 600 006.
2. District Educational Officer Sivagangai, Sivagangai District Petitioner Versus S.Emalda Mary Vadavirukkai, Raajani Post Sooranam Via, Sivagangai District, Tamil Nadu Contesting Respondent 9TH JANUARY, 2008 CORAM http://www.judis.nic.in HON’BLE MR. JUSTICE TAJRUN CHATTERJEE HON’BLE MR. JUSTICE DALVEER BRANDARI 212 For the Petitioners : Mr. T.L.V. Iyer, Senior Advocate (M/s. V.G. PragaSam, S.Joseph Aristotle and S. Prabu Ramasubramanian, Advocates with him) THE PETITION FOR SPECIAL LEAVE TO APPEAL WITH PR AYER FOR INTERIM RELIEF above mentioned being called on for hearing before this Court on the 9 th day of January 2008, UPON perusing tire papers and hearing Counsel for the Petitioners herein THIS COURT while directing issue of Notice to the Respondent, herein to show cause why petition for Special Leave to Appeal be not granted to the Petitioner herein to while, the Court the Judgement and Order above mentioned, DOTH ORDER that in the meanwhile, the operation of the Judgement and Older dated 2 4 t h August, 2007 of of the High Court of Madras (Madurai Bench) at Madhurai in W.A. (M.D.) No. 209 of 2007 be and is hereby stayed. :
AND THIS COURT DOTH FURTHER ORDER THAT THIS ORDER be punctually observed and carried into execution by all concerned.
WITNESS the Hon’ble Shri Konakuppakattil Gopinathan Balakrishnan, Chief Justice of India at the Supreme Court of India, New Delhi, dated this the 9th day of January 2008.
(KAMALA BHATIA) (JOINT REGISTRAR (JUDL.) MK OFFICE OF THE DIRECTOR OF SCHOOL. EDUCATION CHENNAI - 6 K.Dis.No.37045/A4/S1/2007 dated 18.09.2008 / true copy / GOVERNMENT OF TAMIL NADU ABSTRACT Public Services – Prescription of Computer Qualification for Typists / Steno – Typists – Orders – Issued.
PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT G.O.Ms.No.130 Dated : 22.07.2008 Read :
1. From the Secretary, Personnel & Administrative Reforms Dept., D.O.Lr.No.15835/S1/07 -1. dated 18.4.2007
2. From the Director of School Education Lr.No.R.C.No.37045/A4/S1 /2007 dated 26.4.2007
3. From the Director of Technical Education, D.O.Lr,No.15923/W1/2007 dated 07.05.2007
4. From the Chairman, Teachers Recruitment Board, D.O.Lr.No.1245/A1/07 dated 14.05.2007
5. From the Secretary Tamil Nadu Public Service Commission.
Lr.No.1533/RND-D2/01 dated 10 10.2007.
http://www.judis.nic.in A new office management System is being introduced in ail Government offices in order to 213 prevent unnecessary paper work and to enhance productivity using "information Technology” as a tool. Computers are replacing manual typewriters in Government offices and Computer literacy skills have Income essential for efficient office administration. In view of increased of computers in the Government Offices, it has been proposed to prescribe qualification on computer knowledge for Typists / Steno-typists in Tamil Nadu Ministerial Service, Tamil Nadu Judicial Ministerial Service and Tamil Nadu Secretariat Service.
2. in this connection views of the Director of School Education,: Director of Technical Education, Chairman, Teachers Recruitment Board, and the Secretary, Tamil Nadu Public Service Commission, have been obtained and examined in greater detail and it was decided as follows:-
(i) To prescribe the Certificate Course in Computer on Office Automation" awarded the Technical Education Department as additional Technical Educational qualification for the posts of Typists, Steno – typists prior to completion of probation. However qualification for the recruitment of Typists and Steno-typists. As an introductory measure, a pass in the said Certificate Course in , Computer may also be prescribed along with the qualifications / now prescribed for the concerned posts (as per rules in force for direct recruitment with the note as given below.
Candidates who do not possess the said qualification conducted by ' Technical Education Department may also apply/ If selected, they" should acquire such qualification within the period of their probation. The probation will be declared in their cases only after getting a pass in the said Certificate Course. Otherwise they will be dealt with as per the provision under General Rule 27 of Tamil Nadu State and Subordinate Services.
(ii) Those who possess Degree (or) Diploma in Computer Science (or) Computer Engineering as one of the subjects approved by £ the University Grants I Commission/all India Council for Technical Education if Directorate of Technical Education (or) an equivalent body may be exempted from passing the “Certificate Course in Computer on Office Automation" conducted by the Directorate of Technical Education.
(iii) For the existing employees (Typists / Steno-Typists) the time frame of two years may be prescribed for acquiring Computer Knowledge. (The Certificate Course in Computer on Office Automation is being conducted , the Directorate of Technical Education since June 2002 and the examination is being field twice in a year only during January and June if they fail to possess the above said Certificate Course within the prescribed period, viz two years they shall not draw their subsequent increment. The same shall be restored on acquiring the above said qualification.
(iv) The persons who are ag^d over 50 years or have completed 25 years of qualifying service may be exempted from passing the Certificate Course in Computer on Office Automation conducted by the Directorate of Technical Education.
(v) In this connection necessary; Special Rules of concerned services shall be amended suitably.
(BY ORDER OF THE GOVERNOR) T.S SRIDHAR PRINCIPAL SECRETARY TO GOVERNMENT.
/true copy/ Copy communicated for information and necessary action. http://www.judis.nic.in Sd/ xx G.Arivoli 214 for Director of School Education Superintendent.
To All Chief Educational Officers All District Educational Officers Copy to all Sections in the Directorate (thro’ circular) Copy to A2 section Copy to Stock file Spare-1.
gâtu‹ Kiw¡fhd rçgh®¥ò g£oaš n# ÃçÎ
1. mrš é©z¥g« (é©z¥gjhuç‹ foj«).
kDjhu® Kj‹ Kjèš jd¡F fUiz mo¥gilæš gânt©o é©z¥Ã¤j foj«, é©zäj ehSl‹ Toa mYtyf K¤ÂiuÍl‹ ãakd mYtyç‹ nkbyh¥g¤Jl‹ mD¥òjš nt©L«.
2. 18 fy‹ bfh©l é©z¥g got« mid¤J fy‹fS« KGikahf ó®¤Â brŒa¥gl nt©L«. (nfho£L mD¥òjš TlhJ) F¿¥ghf fy« (2)-š fUiz mo¥gilæš Kj‹Kjèš gâthŒ¥ò nfhç é©z¥Ã¤j rçahd njÂæid F¿¥Ãl nt©L«. fy« (14)-š FL«g cW¥Ãd®fë‹ étu§fis KGikahf ó®¤Â brŒa¥gl nt©L«. F¿¥ghf fšé jFÂæid nfholhkš ó®¤Â brŒa nt©L«. fy« (15)-š tUkhd¢ rh‹¿š F¿¥Ã£LŸs tUkhd¤ijna F¿¥Ãl nt©L«. fy« (16)-š brh¤J rh‹¿š F¿¥Ã£LŸs mirÍ«/mirah brh¤J étu§fŸ, kÂ¥ò M»at‰iw F¿¥Ã£L mj‹ _y« tUkhd« ÏU¥Ã‹ mjidÍ« F¿¥Ãl nt©L«. étu§fis KGikahf ó®¤Â rçgh®¤J ãakd mYty® ifbah¥gäl nt©L«. (kDjhu® k‰W« jiyik MÁça®/cjé¡fšé mYty® ifbah¥gä£lij mD¥òjš TlhJ.)
3. ãakd Miz efš.
kDjhu® fUiz mo¥gilæš Kj‹ Kjèš Ïsãiy cjéahs®/j£l¢r® Mf ãakd« brŒa¥g£l Miz efš gçªJiu mYtyç‹ nkbyh¥g¤Jl‹ mD¥òjš nt©L«.
4. Ïw¥ò¢ rh‹W Ïwªj muR Cêaç‹ Ïw¥ò¢rh‹W cça t£lh£Áa® mšyJ rh®tÂthsçl« bgw nt©L«. (Jiz t£lh£Áaçl« bgw¡TlhJ).
5. thçR¢rh‹W muR Cêa® ÏwªjÎl‹ t£lh£ÁaçläUªJ bgw¥g£l thçR¢rh‹W mD¥òjš nt©L«. (Jiz t£lh£açläUªJ bg‰wij mD¥òjš TlhJ).
6. t¿aãiy¢rh‹W Ïwªj muR Cêaç‹ bgaiu¡ F¿¥Ã£L m‹dhuJ FL«g« t¿a ãiyæš cŸsJ vd rh‹W bg‰ nt©L«. (kDjhu® k‰W« Ïwªj muR Cêaç‹ kidé bgaçš bgw¡TlhJ).
7. brh¤J¢ rh‹W Ïwªj muR Cêaç‹ FL«g¤Â‰F VnjD« mirÍ« k‰W« mirah¢ brh¤J ÏU¥Ã‹ mj‹ KG étu§Fis F¿¥Ã£L brh¤J kÂ¥ò k‰W« mj‹ _y« bgw¥gL« tUkhd« M»at‰iw F¿¥Ã£L cça t£lh£ÁaçläUªJ rh‹W bg‰W mD¥òjš nt©L«.
8. tUkhd¢ rh‹W muR Cêa® ÏwªjÎl‹ FL«g¤ij bgw¥gL« XŒñÂa«, brh¤Â‹ _y« bgw¥gL« tUkhd« k‰W« ntW VnjD« tifæš bgw¥gL« tUkhd« M»at‰iw F¿¥Ã£L rh‹W bgw¥gl nt©L«.
9. muR/jåah® Jiwæš vtU« gâ òçaéšiy v‹W rh‹W FL«g¤Âš cŸs thçRjhu®fŸ midtU« bgaiu¡ F¿¥Ã£L VnjD« Rabjhêš, _y« bghUÇ£L« gâ k‰W« muR/jåah® Jiwæš gâòç»wh®fsh v‹W étu§fisÍ« F¿¥Ã£L rh‹W bgw nt©L«.
F¿¥ò :
http://www.judis.nic.in nk‰T¿a tUthŒ rh‹WfŸ mid¤J_ cça t£lh£ÁaçläUªJ bgw¥gl nt©L«. Jiz 215 t£lh£ÁaçläUªJ bgw¥g£lij V‰f ÏayhJ. nkY« Ïwªj muR Cêaç‹ bgaiu¡ F¿¥Ã£L m‹dhuJ FL«g¤Â‰bfd rh‹W bg‰W mD¥òjš nt©L« kDjhuç‹ bgaçnyh mšyJ Ïwªj muR Cêaç‹ kidé bgaçnyh f©o¥ghf rh‹W bg‰W mD¥òjš TlhJ.
10. tUkhd« bryÎ F¿¤j g£oaš muR Cêa® ÏwªjÎl‹ FL«g¤Â‰F murhš tH§f¥g£l bjhiffë‹ KGétu« k‰W« mt‰iw bryÎ brŒj étu« Ï›éu©ilÍ«, jå¤jåna g£oaè£L Ïwªj muR Cêaç‹ kidé ifbah¥gÃä£ ãakd mYtyç‹ nkbyh¥g¤Jl‹ mD¥òjš nt©L«.
11. Ïwªj muR Cêaç‹ kidé/fztuhš thçRjhu®fS¡F gâ tH§f nfhU« foj«.
Ïwªj muR Cêaç‹ kidé, thçRfS¡F fUiz mo¥gilæš Kj‹ Kjèš gâthŒ¥ò nfhU« foj« é©z¥Ã¤j ehŸ k‰W« ehSl‹ Toa mytyf K¤ÂiuÍl‹ ãakd mYtyç‹ bkbyh¥g¤Jl‹ mD¥òjš nt©L«.
12. FL«g¤ÂYŸs Ãw thçRjhu®fë‹ M£nrgidæ‹ik foj« FL«g¤Âš fUiz mo¥gilæš gâ thŒ¥ò nfhU« kDjhuiu j鮤J Ãw thçRjhu®fŸ midtU« (Ïwªj muR Cêaç‹ kidé c£gl) kDjhuU¡F fUiz mo¥gilæš gâthŒ¥ò tH§f vªjbthU M£nrgidÍ« Ïšiy v‹W jå¤jå¤ jhëš rh‹W bg‰W cçatç‹ ifbah¥gä£L ãakd mYtyç‹ nkbyh¥g¤Jl‹ mD¥òjš nt©L«.
13. é©z¥g¤jhuç‹ cWÂbkhê murhš m¿Kf¥gL¤j¥g£l cWÂbkhê¥got¤Âš ó®¤Â brŒJ kDjhu® k‰W« ãuªju muR Cêa® xUtç‹ ifbah¥gä£L ãakd mYtyç‹ nkbyh¥gä£L mD¥òjš nt©L«.
14. é©z¥gjhuç‹ fšé¤jF é©z¥gjhuç‹ fšé¢rh‹Wfis rçgh®¤J mD¥òjš nt©L«. Ïsãiy cjéahsuhf ÏU¥Ã‹ 10-« tF¥ò fšé¢rh‹WfŸ nghJkhdJ. j£l¢ruhf ÏU¥Ã‹ 10-« tF¥ò fšé¢ rh‹WfŸ k‰W« j£l¢R rh‹Wf‹ k£L« nghJkhdJ.
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16. Ïwªj muR Cêaç‹ c¤njr XŒÎ bgW« ehŸ F¿¤j rh‹W Ïwªj muR Cêa® c¤njrkhf XŒÎ bgW« ehŸ F¿¤J f©l¿tj‰fhd rh‹W gâ¥gÂnt£o‹ Kjš g¡f efš mšyJ Ãwªj nj cila¢ fšé¢ rh‹Wfë‹ efš Ïitæu©L« Ïšyhj g£r¤Âš m‹dh® filÁahf gâ òçªj mYtyf¤Âš mj‰fhd Ãwªj nj k‰W« c¤njr XŒÎ bgW« cŸsl¡»a rh‹W bg‰W ãakd mYtyç‹ nkbyh¥g¤Jl‹ mD¥òjš nt©L«.
17. gâahs® k‰W« ã®thf Ó®ÂU¤j¤ Jiw murhiz 174, ehŸ. 08.09.2000-‹ go jåaç‹ éU¥g« F¿¤j foj« k‰W« gâ¥gÂnt£oš cça gÂÎ.
kDjhu® Ïsãiy cjéahs® Ïizªj j£l¢ruhf gâãakd« brŒa¥g£oU¥Ã‹ nk‰T¿a murhizæ‹go Ïsãiy cjéahs® k‰W« j£l¢r® Ïu©ilÍ« jå¤jåahf Ãç¤J Mizæl¥g£LŸsjhš m‹dh® v¥gjéæš bjhl®ªJ gâòça éU¥g« bjçé¤JŸsh® v‹w éU¥g ãakd mYtyç‹ nkbyh¥g¤Jl‹ mD¥òjš nt©L«. mj‰fhd cça gÂÎfis gâ¥gÂnt£oš gÂÎ brŒa nt©L«.
18. jåahç‹ gâ ãakd ehŸ F¿¤J gâ¥gÂnt£oš gÂÎ brŒa¥g£l g¡f¤Â‹ òif¥gl efš nkbyh¥gä£l rh‹W kDjhuç‹ gâtu‹Kiw nfhU« cça gjéæ‹ ãakd ehŸ F¿¤J gÂÎ brŒa¥g£l gâ¥gÂnt£o‹ g¡f efš k‰w Kjš g¡f efš Ïu©oY« ãakd mYtyç‹ nkbyh¥gä£L mD¥òjš nt©L«.
19. gâ¥gÂntL kDjhuç‹ gâ¥gÂnt£oš cça gÂÎfŸ Kiwahf gÂÎ brŒa¥g£LŸsjh v‹gij ãakd mYty® rçgh®¤J mD¥òjš nt©L«.
F¿¥ò kDjhuç‹ gâtu‹Kiw rh®ghd fU¤JUéid mD¥g¥gL« nghJ nk‰T¿a rçgh®¥ò g£oaè‹go mid¤J étu§fS« KGikahf bgw¥g£LŸsdth v‹gij ÏJtiu mYty® cW brŒjË mid¤J rh‹WfS« mrš k‰W« ÏU efšfëš mYtyç‹ nkbyh¥gä£L mD¥òjš nt©L«. Ïij¤j鮤J fU¤JU Ïšyhj g£r¤Âš mjid m¥gona gçªJiu brŒa mD¥òjš TlhJ. njita‰w foj¥ ngh¡Ftu¤J k‰W« fhyjhkj¤ij j鮤jš nt©L«. Jçj¥gL¤Â http://www.judis.nic.in étu§fis bg‰W mD¥òjš nt©L«.
216GOVERNMENT OF TAMIL NADU Abstract Public Service Scheme of Compassionate ground appointment Fixing of seniority of the legal heirs of the deceased Government Servants Orders issued.
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LABOUR AND EMPLOYMENT (Q2) DEPARTMENT G.O. Ms. No. 135 Dated : 04.10.2006 From the Deputy Secretary Tamil Nadu Legislative Assembly Secretariat D.O. Lr. No. 11314/2001 30, Secretariat, (CAC) dated 7.8.2001 and Assurance No. 596/97. ORDER :
For the appointment under compassionate grounds the question of fixing of seniority for adopting either the date of death of the Government Servant (or) the date of application produced by the legal heirs of the deceased Government Servant has to be decided.
2. The Government after careful examination of the matter have decided that the date of death of the deceased Government Servant be taken for fixing seniority for appointment under compassionate grounds and accordingly direct that the date of death of Government servant should be taken for fixing seniority for making appointments under compassionate grounds.
3. This order will take effect from the date of issue of the order.
(BY ORDER OF THE GOVERNOR) Sd/-..
L.K. Tripathy Chief Secretary to Government Secretariat Chennai – 9.
Labour and Employment Department Letter (Ms.) No. 202, dated 08.10.2007 From Thiru Ramesh Kumar Khanna, I.A.S., Secretary to Government, To All Departments of secretariat All Secretaries to Government http://www.judis.nic.in All Heads of Departments 217 All District Collectors The Commissioner of Land Administration, Chennai. The Special Commissioner & Commissioner of Revenue Administration, Chennai – 6.
The Registrar, High Court, Chennai – 104.
The Special Commissioner and Commissioner of Employment & Training, Chennai – 32.
All District Judges The Secretary, Tamil Nadu Public Service Commission, Chennai – 2. The Accountant General, Chennai – 18.
All Accountant General (Audit), Chennai – 35. All Pay & Accounts Officers / All Treasury Officers, The Tamil Nadu Legislative Assembly Secretariat, Chennai – 9. The Secretary to Chief Minister, Chennai – 8. All Senior Personnel Assistants to the Ministers, Chennai – 9.
Sir, Sub : Public Services Scheme of compassionate ground appointment – Time limit to present application – Time limit fixed - instructions issued. Ref : 1) G.O. (Ms.) No. 120, Labour and Employment Department dated 26.06.1996.
2) Govt. Letter No. 39924/Q1/2005-1, Labour and Employment
Department, dated 11.10.195.
3) From the Collector or Tirunelveli, D.O. Letter Roc No. A4/105795/2002 dated 28.09.2003 addressed to the Special Commissioner and Commissioner of Special Commissioner and Commissioner of Revenue Administration, Chennai – 5.
4) From the Special Commissioner and Commissioner of Revenue Administration, Chennai – 5, Letter No. 104/47209/
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I am directed to stale that CP the recommendations of the Staff Committee, orders were issued in Paragraph 2.8 of the Government Order fifth cited among others that the existing time limit of 3 years for filing of applications from the date of the death of the Government servant shall be continued.
2. As per. the shove direction many departments of Secretariat Some of the Heads of Departments have now requested to seek general clarifications issued in Government letter second cited indicating that the time limit of three years period specified in the Government order first cited is applicable to the dependants of the Government servants who died while in service on after 26.06.1695 and the above said Government order are not applicable to past eases.
http://www.judis.nic.in
3. The very purpose of giving compassionate ground appointment scheme is only to help the family of the deceased Government servant to tide over the sudden indigent 218 circumstances unexpectedly created by the sudden and untimely death of the Government servant. So the appointment should appointment should, therefore be provided immediately to redeem the family in distress and the provision of compassionate appointment after a lapse of very long time defeats the very purpose of the compassionate ground appointment scheme. The Supreme Court has made critical observations with regard to this issue find that the critical issue whether the family is in indigent circumstances, In the cases of application made after ten years, twenty years and thirty years from the date of death of the Government servant, obviously the family cannot be considered, in indigent circumstances. In view of this the instructions issued in the reference 2nd cited could not be considered to be applicability to past cases after the lapse of 3 years, even where the government servant died prior to 26.6.95. In other words the applicability of the clarification Issued in second letter cited for only to past cases to cover the period, of 3 years only , and not for infinite period.
4.In this connection, I am to add that based on the direction of the Supreme Court regarding indigent circumstances of the family and the decision taken by the Cabinet accepting the recommendations of the Staff Committed, the Government direct that the compassionate ground appointment have to be made as per the detailed guidelines.
gŸë¡ fšé¤Jiw jiyik brayf«, br‹id-9.
foj v©.33917/bjh.f.3(1)/2004, ehŸ. 29.01.2014 mD¥òe® ÂUkÂ.j.rÃjh, ÏMg., muR Kj‹ik¢ brayhs®, bgWe® gŸë¡ fšé Ïa¡Fe®, br‹id-6.
Iah, bghUŸ: gŸë¡ fšé-fUiz mo¥gil ãakd«-ehk¡fš kht£l«-guk¤Â ntÿ® t£l«, fÃy®kiy x‹¿a be£la«ghisa« Cuh£Á x‹¿a¥ gŸëæš cjé MÁçauhf gâòçªJ gâ¡fhy¤Âkš fhykhd ÂU.m.jhnkhju‹ v‹gtç‹ thçrhd ÂU.jh.r«g¤, gÂtiw vG¤juhf ãakd«-gâtu‹Kiw brŒjš-bjhl®ghf.
gh®it: 1. j§fŸ foj v©.21236/n#4/2003, ehŸ. 15.09.2004, 10.03.2010.
2. muR¡ foj v©.33917/v°1/2004-3, ehŸ. 08.06.2005 k‰W« 25.04.2011, 01.08.2011, 20.12.2012.
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gh®itæš fhQ« foj§fë‹ ÛJ j§fŸ ftd« <®¡f¥gL»wJ.
2. Ϫne®éš, muR Cêa® ÂU.jhnkhju‹ 12.11.1985-š ÏwªJŸsh®. m¥nghJ ÂU.jh.r«g¤ v‹gtuJ taJ 21, mt® gânfhça ehŸ.12.10.1992. mt® gâæš nr®ªj ehŸ. 01.12.1997-š muR¡ foj v©.2563/vld,1/82-8, bjhêyhs® k‰W« ntiy thŒ¥ò¤Jiw, ehŸ. 11.03.1982-‹go muR Cêa® Ïwªj http://www.judis.nic.in ehëš 30 taÂid äféšiy. Vdnt, Ïj‰F é¤js®Î njitæšiy. murhiz (ãiy) v©.23-š bjhêyhs® k‰W« ntiy thŒ¥ò¤ Jiw, ehŸ. 10.02.1993-š g¤Â 7-š cŸsgo é¤js®Î Ïšyhj 219 g£r¤Âš gâãakd«/gâtu‹Kiw r«gªj¥g£l ã®thf¤ Jiw¤ jiytnu nk‰bfhŸsyh« v‹W bjçé¤JŸsjhY« jh§fŸ nfhçago _y Mtz§fŸ/gâ¥gÂnt£oid ÂU¥Ã mD¥g gâ¡f¥g£LŸns‹. mjid bg‰W¡ bfh©lik¡fhd x¥òifia më¡FkhW j§fis nf£L¡ bfhŸ»nw‹.
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bgWe® Kj‹ik¢ brayhs®/brayhs®, jiyik¢ brayf mid¤J¤ JiwfŸ, mid¤J¤ Jiw¤ jiyt®fŸ, mid¤J kht£l M£Áa®fŸ, Miza®, ãy ã®thf¤Jiw, br‹id-5.
gÂths®, ca®ÚÂk‹w«, br‹id-104/kJiu.
Miza®, ntiythŒ¥ò k‰W« gæ‰Á¤Jiw, br‹id-32.
mid¤J kht£l ÚÂgÂfŸ, brayhs®, jäœehL muR¥ gâahs® nj®thiza«, br‹id-2. khãy fz¡fha®, br‹id-18.
khãy¡ fz¡fha® (jâ¡if), br‹id-35.
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jäœehL r£lk‹w¥ nguit¢ brayf«, br‹id-9.
Kjyik¢rç‹ brayhs®, br‹id-9.
mik¢r®fë‹ KJãiy ne®Kf cjéahs®fŸ, br‹id-9.
Iah/m«ikp®, bghUŸ: fUiz mo¥gil¥ gâãakd§fŸ-é©z¥g§fŸ bgWtJ k‰W« FWktaJ ã®zæ¤jš-bjëÎiufŸ tH§f¥gL»‹wd.
gh®it: 1.muR foj v©.66813/¡ô1/91-3, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ.
26.06.1995.
2. murhiz (ãiy) v©.120, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw , ehŸ. 26.06.1995.
3. murhiz (ãiy) v©.112, gâahs® k‰W« ã®thf¢ Ó®¤ÂU¤j¤ Jiw, ehŸ.23.08.2005.
4. murhiz (ãiy) v©.42, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw ehŸ.12.03.2007.
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fUiz mo¥gilæyhd gâ ãakd§fŸ bjhl®ghd Ïju éÂKiwfS¡»ilna, gh®it x‹¿š fhQ« muR foj¤Âš gâæil kuzkilªj muR Cêaç‹ 18 ta‰F£g£l thçRjhu®fS¡F« fUiz mo¥gilæš gâãakd« tH§fyh« vd bjëÎiu tH§f¥g£lJ.
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4. gh®it eh‹»š fhQ« murhizæš Ïju têfh£LjšfSl‹ fUiz mo¥gilæyhd gâ ãakd« bjhl®ghf, c¢rÚÂk‹w¤jhš tiuaW¡f¥g£LŸs ãgªjidfŸ jtwhJ filÃo¡f¥gl nt©L« vdΫ Mizæl¥g£LŸsJ.
5/ ,e;epiyapy;. gzpapil kuzkile;j muR CHpahpd; thhpRjhuUf;Ff; fUiz mog;gilapy; gzp epakdk; tH';fpl FWktaJ eph;zapg;gJ bjhlh;ghf fPH;ff; hQqk; bjspt[iufs; tH';fg;gLfpd;wd/
(i) 23.08.2005-¡F K‹d® fUiz mo¥gilæš gâãakd« nfhç 3 M©L fhy¡bfLΡFŸ bgw¥g£l é©z¥g§fŸ 18 taÂid ãiwÎ bgwhkš ÏUªjhY«, fUiz mo¥gilæyhd gâ ãakd¤Â‰fhd Vida Ãw jFÂfis ãiwÎ brŒÍQ« g£r¤Âš jFÂahdjhf¡ fUj¥gl nt©L«.
(ii) 23.08.2005 Kjš fUiz mo¥gilæyhd gâãakd¤Â‰fhd FWk taJ 18 vd ã®zæ¡f¥g£ljhš, muR foj v©.66813/¡ô, 1/91-3, bjhêyhs® k‰W« ntiythŒ¥òJiw, ehŸ. 22.11.1991-Ïš btëæl¥g£l bjëÎiufŸ Ô®khå¡f¥g£litahf¡ fUj¥g£L, 23.08.2005-¡F Ëd® 18taJ ãu«Ãa thçRjhu® k£Lnk fUiz mo¥gilæš gâãakd« bgw¤jFÂahdt® vd¡ fUj¥gl nt©L«.
(iii) fUiz mo¥gilæyhd gâ ãakd§fS¡F muR Cêa® ÏwªJ _‹wh©o‰FŸ, é©z¥gjhu® é©z¥g« më¡F« ehëidna fz¡»š bfh©L, taJ k‰W« fšé¤ jFÂfŸ ã®zæ¡f¥gl nt©L«.
(iv)nkny g¤Â 5(iii)-š cŸs bjëÎiu Ï›this btëæl¥gL« ehŸ Kjš eilKiw¡F tU«.
6. nk‰fhQ« bjëÎiuæ‹go, mid¤J gâ ãakd§fisÍ«, MŒÎ brŒJ, elto¡if nk‰bfhŸSkhW mid¤J gâ ãakd mYty®fŸ m¿ÎW¤j¥gL»wh®fŸ.
j§fŸ c©ikÍŸs, x¥g« muR Kj‹ik¢ brayhU¡fhf efš Kj‹ik¢ brayhsç‹ jå¢ brayhs®, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, br‹id-9. bjhêyhs® k‰W« ntiythŒ¥ò¤Jiwæ‹ mid¤J ÃçÎfŸ. gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤Jiw/r£l¤Jiw, br‹id-9, ÏU¥ò nfh¥ò/cÂç efš.
RU¡f« fUiz mo¥gilæyhd gâ ãakd§fŸ-gâæil kuzkilªj muR Cêaç‹ thçRjhuU¡F fUiz mo¥gilæš gâ ãakd« tH§Fjš-é©z¥g« më¡F« nghJ ÂUkzkhfhkš ÏUªJ Ëd® gâãak¤Â‰F K‹d® ÂUkzkhd bg© thçRjhuU¡F« gâ ãakd« tH§Fjš- bjëÎiufŸ btëæl¥gL»‹wd.
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bjhêyhs® k‰W« ntiythŒ¥ò (¡ô.1) Jiw
murhiz (ãiy) v©.96 ehŸ. 18.06.2012
go¡f:
1. murhiz (ãiy) v©.212, gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤ Jiw, ehŸ.29.11.2001.
2. muR foj« v©.67770/¥Ã/2001-1, gâahd k‰W« ã®thf¢ Ó®ÂU¤j¤ Jiw, ehŸ.19.12.2001.
3. murhiz (ãiy) v©.16, gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤ Jiw, ehŸ.21.02.2006.
4. murhiz (ãiy) v©.165, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ.30.08.2010.
------
Miz:
nkny eh‹»š go¡f¥g£l murhizæš, gâæil kuzkilªj muR Cêaç‹ beU§»a cwé®fŸ (Near Relatives) v‹W F¿¥Ãl¥g£LŸs eg®fSŸ (ÂUkzkhfhj kfŸ v‹w ãiyæš, gâãakd« nfhç é©z¥g« më¤J, gâ ãakd« tH§f¥gLtj‰F K‹ng ÂUkz« brŒJ http://www.judis.nic.in bfh©lt®fŸ, fUiz mo¥gilæyhd gâ ãakd¤Â‰F Ïju jFÂfis ãiwÎ brŒÍ« g£r¤Âš mt®fS¡F« gâ ãakd« tH§»l) Ñœf©l ãgªjid¡fS¡F£g£L MizfŸ 221 btëæl¥g£LŸsd.
1) ÂUkzkhfhj ãiyæš cŸs bg©fS¡F, m¡FL«g¤Âš cŸs Ãw thçRjhu®fŸ më¤j “kW¥Ã‹ik¢ rh‹¿jœ”, ÂUkzkhd Ë, m¥bg©Q¡F gâ më¡f¥gL« nghJ Û©L« k‰w thçRjhu®fshš “kW¥Ã‹ik¢ rh‹¿jœ” tH§f¥gl nt©L«.
2) ÂUkz« brŒJ bfh©l Ëd® gâ thŒ¥ò bgW« jåa®, jdJ bg‰nwhç‹ FL«g¤Â‰F cjé òçÍ« tifæš cW Mtz« tH§f¥gl nt©L«.
3) fUiz mo¥gilæš gâthŒ¥ò nfhçÍŸs ÂUkhfhj bg©iz¤ ÂUkz« brŒJ bfhŸséU¡F« eg®, v®fhy¤Âš mtuhš mtuJ bg‰nwhU¡F¢ brŒÍ« cjé¡F kW¥ò VJ« V‰gL¤j kh£nl‹ v‹W cWÂbkhêia më¡f nt©L«.
nk‰go murhiz, mJ btëæl¥g£l ehëèUªJ eilKiw¥gL¤j¥g£lJ.
2. nkny x‹¿š go¡f¥g£l murhiz _y« neuo gâãakd jilahiz Ãw¥Ã¤JŸs ehshd, mjhtJ 29.11.2001-¡F K‹d® fUiz mo¥gilæyhd gâ ãakd« nfhç, é©z¥g« më¤J, 29.11.2001-¡F Ëd® ÂUkz« brŒJ bfh©l bg© thçRjhu®fS¡F mt®fŸ Ïju jFÂfis ãiwÎ brŒÍ« g£r¤Âš, fUiz mo¥gilæš gâ ãakd« tH§fyhkh v‹gJ F¿¤J bjëÎiufŸ tH§FkhW tâftç Miza® muÁl« nfhçæUªjh®.
3. Ϫne®éid ftdkhf MŒÎ brŒj muR, 29.11.2001-¡F K‹d® fUiz mo¥gilæyhd gâ ãakd« nfhç é©z¥g« më¤J 29.11.2001-¡F Ëd® ÂUkz« brŒJ bfh©l bg© thçRjhu®fS¡F mt®fŸ Ïju jFÂfis ãiwÎ brŒÍ« g£r¤Âš, fUiz mo¥gilæš gâ ãakd« tH§fyh« v‹W KoÎ brŒJŸsJ.
4. mj‹go, 29.11.2001-¡F Ëd® ÂUkz« brŒJ bfh©l bg© thçRjhu®fS¡F mt®fŸ Ïju jFÂfis ãiwÎ brŒÍ« g£r¤Âš, fUiz mo¥gilæš gâ ãakd« tH§fyh« v‹W muR MizæL»wJ. våD«, 29.11.2001-‰F K‹d® ÂUkz«, brŒJ¡ bfh©l bg© thçRjhu®fS¡F Ï›turhiz bghUªjhJ v‹W« muR MizæL»wJ.
(MSeç‹ Miz¥go) nkhf‹ Ãahbu muR Kj‹ik¢ brayhs® bgWe® jiyik¢ brayf¤Â‹ mid¤J JiwfŸ, br‹id-600 009. jäœehL r£lk‹w¥ nguit¢ brayf«, br‹id-600 009. mid¤Jiw jiyt®fŸ mid¤J kht£l M£Áa®fŸ/kht£l ÚÂgÂfŸ kht£l cçikæš ÚÂk‹w ÚÂgÂfŸ gÂths®, ca®ÚÂk‹w«, br‹id-104.
gÂths®, br‹id ca®ÚÂk‹w »is, kJiu.
muR tH¡FiuP®, br‹id/kJiu Kj‹ik khãy¡ fz¡fha® br‹id-600 018.
khãy¡ fz¡fha® (jâ¡if) br‹id-600 018.
brayhs®, jäœehL muR¥ gâahs® nj®thiza«, br‹id-600 006. Ïa¡Fe®, fUñyf¤Jiw, br‹id-600 035.
mid¤J kht£l fUñyf¤ jiyt®fŸ, mid¤J r«gs¡ fz¡F mYtyf®fŸ.
RU¡f« fUiz mo¥gilæš gâ ãakd§fŸ –gâæil kuzkilªj muR gâahsç‹ thçRjhuU¡F fUiz mo¥gilæš gâ ãakd« tH§Fjš-é©z¥g« më¡F« nghJ ÂUkzkhfhkš ÏUªJ Ëd® ÂUkzkhd thçRjhU¡F« gâ ãakd« tH§Fjš-Miz btëæl¥gL»wJ.
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bjhêyhs® k‰W« ntiy thŒ¥ò¤ (¡Í2) Jiw
murhiz (ãiy) v©.165 ehŸ. 30.08.2010.
go¡f.
1) murhiz (ãiy) v©.560, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ.03.06.1977. http://www.judis.nic.in 2) murhiz (ãiy) v©.155, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw ehŸ.16.07.1993.
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222Miz:
gh®it x‹¿š go¡f¥g£l murhizæš beU§»a cwéd®fŸ vd tiuaW¡f¥g£LŸs muR Cêaç‹ kidé/fzt‹/kf‹ ÂUkzkhfhj kfŸ M»nah® fUiz mo¥gilæš gâ ãakd« bgw¤ jFÂÍilat® v‹W Miz Ãw¥Ã¡f¥g£lJ.
2) gh®it Ïu©oš go¡f¥g£l murhizæš fztdhš ifél¥g£L, gâæil kuzkilªj muR Cêa® FL«g¤Âš tÁ¤J tU« kfS¡F« k‰W« m›thW tÁ¤J tU« éjit kfŸ k‰W« éthfu¤J bg‰w kfS¡F« gâæil Ïwªj muR¥ gâahsç‹ thçRjhuuhd éjit gâ ãakd« tH§»l x¥òjë¡F« ne®éš gâ ãakd« brŒa¥ gçÓè¡fyh« vd Miz Ãw¥Ã¡f¥g£LŸsJ.
3) j‰nghJ fUiz mo¥gilæš gâ ãakd« nt©o é©z¥g« më¡F« nghJ ÂUkzkhfhkš ÏUªJ gâ ãakd« tH§f¥gL« K‹d® ÂUkz« brŒJ bfh©l ne®ÎfŸ F¿¤J ÚÂk‹w¤ Ô®¥ò k‰W« gšntW JiwfëèUªJ bgw¥g£l fU¤J¡fŸ ϤJiwahš gçÓè¡f¥g£ld.
4) Ϫãiyæš fUiz mo¥gilæyhd gâ ãakd§fŸ nfhU« ÃçÎfëš, gâæil kuzkilªj muR Cêaç‹ beU§»a cwéd®fŸ tiuaW¡f¥g£LŸs eg®fëš ÂUkzkhfhj kfŸ v‹w ãiyæš ãakd« nfhç é©z¥g« më¤J gâ ãakd« tH§f¥gLtj‰F K‹dnu ÂUkz« brŒJ bfh©lt®fŸ fUiz mo¥gilæyhd ãakd¤Â‰F Ïju jFÂfis ãiwÎ brŒÍ« g£r¤Âš mt®fS¡F« gâ ãakd« tH§»l têtif brŒÍ« tifæš Ñœf©l ãgªjidfS¡F£g£L gh®it x‹¿š go¡f¥g£l murhiz¡F bjëÎiu tH§» Ïj‹ _y« Mizæl¥gL»wJ.
1. ÂUkzkhfhj ãiyæš cŸs bg©Q¡F m¡FL«g¤Âš cŸs Ãw thçRjhu®fŸ më¤j kW¥Ã‹ik¢ rh‹¿jœ, ÂUkzkhd Ë m¥bg©Q¡F gâ më¡f¥gL« nghJ Û©L« k‰w thçRjhu®fshš kW¥Ã‹ik¢ rh‹¿jœ tH§f¥gl nt©L«.
2. ÂUkz« brŒJ bfh©l Ëd® gâ thŒ¥ò bgW« jåa®, jdJ bg‰nwhç‹ FL«g¤Â‰F cjé òçÍ« tifæš cW Mtz« tH§f¥gl nt©L«.
3. fUiz mo¥gilæš gâthŒ¥ò nfhçÍŸs ÂUkzkhd bg©iz¤ ÂUkz« brŒJ bfhŸséU¡F« eg® v®fhy¤Âš mtuhš mtuJ bg‰nwhU¡F brŒÍ« cjé¡F kW¥ò V‰gL¤jkh£nl‹ v‹W cW bkhêia më¡f nt©L«.
/MSeç‹ Miz¥go/ X«.j.Ãughfu‹ muR Kj‹ik¢ bray® bgWe® jiyik¢ brayf¤Â‹ mid¤J JiwfŸ, br‹id-9.
jäœehL r£lk‹w¥ nguit brayf«, br‹id-9.
mid¤J Jiw jiyt®fŸ.
mid¤J kht£l M£Áa®fŸ/kht£l ÚÂgÂfŸ kht£l cçikæš ÚÂk‹w ÚÂgÂfŸ gÂths® ca®ÚÂk‹w«, br‹id-104.
gÂths® br‹id ca®ÚÂk‹w »is kJiu muR tH¡FiuP®, br‹id/kJiu Kj‹ik khãy¡ fz¡fha® br‹id-600 018.
brayhs®, jäœehL muR¥ gâahs® nj®thiza« br‹id. Ïa¡Fe®, fUñyf¤Jiw, br‹id-600 035.
mid¤J kht£l fUñyf¤ jiyt®fŸ mid¤J r«gs¡ fz¡F mYty®fŸ Kjyik¢r® mYtyf«, br‹id-600 009.
gâahs® k‰W« ã®thf Ó®ÂU¤j¤Jiw, br‹id-9.
r£l¤Jiw, br‹id-9.
bjhêyhs® ey mik¢rç‹ jå¢ bray®, br‹id-9.
RU¡f« fUiz mo¥gilæyhd gâ ãakd«-FWk taJ ã®zæ¤J é©z¥g§fŸ bgWtJ bjhl®ghf btëæl¥g£l muR foj (ãiy) v©.86, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw, ehŸ 04.05.2010-¡F ÂU¤j« k‰W« bjëÎiufŸ tH§Fjš-Miz btëæl¥gL»wJ.
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http://www.judis.nic.in
bjhêyhs® k‰W« ntiythŒ¥ò¤ (¡ô1)¤ Jiw
223
murhiz (ãiy) v©.155 ehŸ.10.12.2014
#a tUl«.
fh®¤Âif khj« 24-M« ehŸ.
ÂUtŸSt® M©L 2045`
go¡f:
1. murhiz foj v©.66813/¡ô1/91-3, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw ehŸ.22.11.1991.
2. murhiz (ãiy) v©.112, gâahs® k‰W« ã®thf Ó®ÂU¤j¤Jiw, ehŸ 23.08.2005.
3. muR foj (ãiy) v©.86/¡ô 1/2010, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw ehŸ.04.05.2010.
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Miz:
nkny x‹¿š go¡f¥g£l foj¤Âš, fUiz mo¥gilæyhd gâ ãakd§fŸ bjhl®ghd Ïju éÂKiwfS¡»ilna, gâæil kuzkilªj muR Cêaç‹, 18 ta‰F£g£l thçRjhu®fS¡F«, fUiz mo¥gilæš gâ ãakd« tH§fyh« vd bjëÎiufŸ tH§f¥g£lJ.
2. nkny Ïu©oš go¡f¥g£l murhizæš muR¥gâ¡fhd FWk taJ 18 vdΫ, fhègâæl m¿é¡if btëæl¥gL« M©o‹ #]iy Kjš ehëš 18 taÂid ãiwÎ brŒÂU¡f nt©L« vdΫ, Ϫj Miz 23.08.2005 Kjš eilKiw¡F tUtjhfΫ, Ï›this fUiz mo¥gilæyhd gâãak§fS¡F« bghUªJ« vdΫ, jäœehL khãy k‰W« rh®ãiy¥ gâfS¡fhd bghJ é 12-¡F ÂU¤j« brŒJ bghJ é 12(bbb) v‹gij nr®¤J m¿é¡if (Notification) btëæl¥g£lJ.
3. nkny 3š go¡f¥g£l muR¡ foj¤Âš, g¤Â 5-š fUiz mo¥gilæyhd gâ ãakd¤Â‰F FWk taJ ã®zæ¥gJ bjhl®ghf ËtU« ËtU« bjëÎiufŸ tH§f¥g£LŸsd:-
23.08.2005-¡F K‹d® fUiz mo¥gilæš gâ ãakd« nfhç 3 M©L fhy¡bfLΡFŸ bgw¥g£l é©z¥g«, thçRjhu® 18 taÂid ãiwÎ bgwhkš ÏUªjhY«, fUiz mo¥gilæyhd gâ ãakd¤Â‰fhd Vida Ãw jFÂfis ãiwÎ brŒÍ« g£r¤Âš jFÂahdjhf¡ fUj¥gl nt©L«.
(i) 23.08.2005 Kjš fUiz mo¥gilæyhd gâ ãakd‰fhf FWk taJ 18 vd ã®zæ¡f¥g£ljhš, muR foj v©.66813/¡ô.1/91-3, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw, ehŸ. 22.11.1991-Ïš btëæl¥g£l bjëÎiufŸ Ú¡f¥g£litahf fUj¥g£L 23.08.2005-¡F Ëd® 18 taJ ãu«Ãa thçRjhu® k£Lnk fUiz mo¥gilæš gâ ãakd« bgw¤ jFÂahdt®fŸ vd¡ fUj¥gl nt©L«.
(ii) fUiz mo¥gilæyhd gâ ãakd§fS¡F muR Cêa® ÏwªJ _‹wh©o‰FŸ é©z¥gjhu®, é©z¥g« më¡F« ehëidna fz¡»š bfh©L taJ k‰W« fšé¤ jFÂfë ã®zæ¡f¥gl nt©L«.
4. Ϫãiyæš, nk‰go foj¤Âš, g¤Â 5(iii)-š tH§»ÍŸs bjëÎiu, Miz btëæl¥gL« ehshsd 04.05.2010 Kjš mKY¡F tU« vd g¤Â 5(iv)-š F¿¥Ãl¥g£LŸsjhš, ÏJ gh®it 2-š f©l murhizæš ÂU¤j« btëæl¥g£l jäœehL khãy k‰W« rh®ãiy¥ gâ é 12(bbb)-¡F Kuzhf mikªJŸsJ Ϫj Ku©gh£odhš 23.08.2005-¡F« 04.05.2010-¡F« Ïil¥g£l fhy§fëš fUiz mo¥gilæš gânfhç é©z¥Ã¤jt®fë‹ nfh¥òfëš gy òÂa Á¡fšfŸ vHΫ, gh¡f¥g£nlh® ÚÂk‹w« bršy thŒ¥ò cŸsjhY«, fz¡»š vL¤J¡ bfhŸs nt©oa ehŸ F¿¤J Áy Jiw¤ jiyikaf§fŸ muÁ‹ bjëÎiuia nt©oÍŸsd.
5. vdnt, nkny 3-š go¡f¥g£l muR (ãiy) foj¤Â‰F ÂU¤j« btëæl nt©oaj‹ mtÁa« F¿¤J muR ftdKl‹ MŒÎ brŒjJ. mj‹go nkny 3-š go¡f¥g£l muR foj¤Â‰F ËtUkhW ÂU¤j« k‰W« bjëÎiufŸ tH§» muR Miz btëæL»wJ:-
t.v© j‰nghJŸs Miz ÂU¤j«
1. g¤Â 5(ii)
23.08.2005 Kjš fUiz mo¥gilæyhd gâ 23.08.2005 Kjš fUiz
ãakd¤Â‰fhd FWk taJ 18 vd mo¥gilæyhd gâ
ã®zæ¡f¥g£ljhš, muR foj v©.66813/¡ô ãakd¤Â‰fhd FWk taJ 18 vd 1/91-3, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw, bghJ é 12(bbb)-š ehŸ. 22.11.1991-š btëæl¥g£l bjëÎiufŸ ã®zæ¡f¥g£oUªjhYk, http://www.judis.nic.in Ú¡f¥g£litahf¡ fUj¥g£L, 23.08.2005¡F 04.05.2010 Kjš é©z¥g ehëš Ã‹d® 18 taJ ãu«Ãa thçRjhu® k£Lnk ϤjF bgWjš nt©L« vd 224 fUiz mo¥gilæš gâãakd« muR¡ foj« (ãiy) v©.86, bgw¤jFÂahdt® vd¡ fUj¥gl nt©L«. bjhêyhs® k‰W« ntiythŒ¥ò¤ (¡ô.1) Jiw, ehŸ 04.05.2010-š m¿ÎW¤j§fŸ.
btëæl¥g£likahš, muR foj v©.66813/¡ô, 1/91-3, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw,ehŸ.
22.11.1991-š btëæl¥g£l
bjëÎiufŸ Ú¡f¥g£litahf¡
fUj¥g£L 04.05.2010 Kjš 18 taJ
ãu«Ãa thçRjhu® k£Lnk fUiz
mo¥gilæš, gâ nfhç é©z¥g«
më¤J, gâãakd«
bgw¤jFÂahdt® vd¡ fUj¥gLt®.
2 g¤Â 5(iv) Ú¡f« brŒa¥gL»wJ.
g¤Â 5(iii) š cŸs bjëÎiu Ï›this
btëæl¥gL« ehŸ (04.05.2010) Kjš
eilKiw¡F tU«
6. nk‰go ÂU¤j« btëæ£l Ëd® 23.08.2005 Kjš 03.05.2010 tiu cŸs Ïil¥g£l fhy§fëš é©z¥g ehëš 18 taJ ó®¤Â Mfhkš fUiz mo¥gilæš gâ ãakd« nfhç fh¤ÂU¥gt®fS¡F« Ñœf©lthW gçÓè¡fyh« vdΫ bjëÎiufŸ tH§» Miz btëæl¥gL»wJ.
“23.08.2005 KJš 03.05.2010 tiu fUiz mo¥gilæš gâ ãakd« nt©o é©z¥g« më¤jt®fŸ fUiz mo¥gilæyhd gâ ãakd¤Â‰fhd FWk taJ¤ jF jéu, mid¤J Ãw jFÂfis gânfhça é©z¥g ehëY«, FWk taJ¤ jF k£L« (18 M©LfŸ ãiwÎ) gâ ãakd ehëY« ãiwÎ brŒÂUªjhš nghJkhdjhf fUj¥gl nt©L«”.
7. nkY« 23.08.2005èUªJ 03.05.2010 tiuæyhd Ïil¥g£l fhy§fëš 18 taÂid ó®¤Â brŒahjt®fS¡F fUiz mo¥gilæš gâ ãakd« tH§f¥g£oUªjhš, fUiz mo¥gilæyhd gâ ãakd¤Â‰fhd jFÂfëš FWk taJ jéu mid¤J Ãw jFÂfis ãiwÎ brŒÂU¡F« g£r¤Âš, m›thwhd ne®Îfis jå¤jåahf gçÓè¡f¥gl nt©L« vdΫ btëæl¥gL»wJ.
8. nk‰fhQ« ÂU¤j« k‰W« bjëÎiufë‹ mo¥gilæš mid¤J fUizao¥gil gâ ãakd§fisÍ« MŒÎ brŒJ elto¡if bjhlUkhW midJ gâ ãakd mYty®fS« m¿ÎW¤j¥gL»‹wd®.
(MSeç‹ Miz¥go) kh.Åur©Kf kâ muR¢ brayhs® bgWe® muR Kj‹ik¢ brayhs®/brayhs®, jiyik¢ brayf mid¤J¤ JiwfŸ. mid¤J¤ Jiw¤ jiyt®fŸ.
mid¤J kht£l M£Áa®fŸ mid¤J kht£l ÚÂgÂfŸ, brayhs®, jäœehL muR¥ gâahs® nj®thiza«, br‹id-3. khãy fz¡fha®, br‹id-18, khãy fz¡fha® (jâ¡if), br‹id-35.
mid¤J r«gs fz¡F mYty®fŸ/mid¤J fUñy mYty®fŸ. jäœehL r£lk‹w¥ nguit¢ brayf«, br‹id-9.
Kjyik¢rç‹ brayhs®, br‹id-9.
mik¢r®fë‹ ne®Kf cjéahs®fŸ, br‹id-9.
efš.
muR¢ brayhsç‹ jå¢ brayhs®.
bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw, br‹id-9.
bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiwæ‹ mid¤J ÃçÎfŸ. gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤ Jiw /r£l¤Jiw, br‹id-9. http://www.judis.nic.in ÏU¥ò nfh¥ò (30200/¡ô.1/2010) 225 cÂç efš.
// Miz¥go mD¥g¥gL»wJ// ÃçÎ mYty®.
tUthŒ ã®thf¤Jiw
mD¥òe® bgWe®
ÂU.Ã.v°. gh©oa‹, Ï.M.g., mid¤Jkht£lh£Áa®fŸ(Ïiz¥òl‹).
Áw¥ò Miza® k‰W«
tUthŒ ã®thf Miza®
nr¥gh¡f«,
br‹id-600 005.
e.f.gâ 6(2)/82808/90 ehŸ. 31.01.1990
Iah/m«ikp®
bghUŸ: fUiz mo¥gil ãakd«-t¿a ãiy¢ rh‹W tH§Fjš-bjhl®ghf. gh®it: muR foj v©.46539/gâ 9/98-1 tJ ehŸ 11.09.90.
________________________________________ gâæèU¡F« nghnj Ïw¡F« muR Cêa®fë‹ thçRfS¡F¡ fUiz mo¥gilæš gâ ãakd« tH§Ftj‰fhf t£lh£Áa®fŸ tH§F« t¿a ãiy¢ rh‹WfŸ cça Kiwæš MŒÎ brŒa¥glhkš tH§f¥gLtij¤ j鮥gj‰fhf.
“Ïwªj muR Cêaç‹ FL«g« t¿a ãiyæš cŸsJ v‹w étu¤Âid cça Kiwæš érhuiz _y« bg‰W, m¡FL«g¤Â‰F ntW têfëš mirÍ« k‰W« mirah brh¤J¡fŸ _ykhf tUkhd« VJ« <£l¥gL»‹wjh v‹gijÍ« f©l¿ªJ, mj‹ Ëd® rh‹W tH§f nt©L« v‹W mid¤J t£lh£Áa®fS¡F« m¿ÎiufŸ tH§FkhW”.
gh®itŒy f©l foj¤Âš (efš Ïiz¡f¥g£LŸsJ) muR nfhçÍŸsJ.
2) j‰nghJ fUiz mo¥gilæš ãakd« tH§F« K‹d®, fšé¢ rh‹W, Ïw¥ò¢ rh‹W, thçR rh‹W Kjyhdt‰Wl‹ ÑœF¿¥Ã£l rh‹WfS« nfhu¥gL»‹wd”.
brh¤J kÂ¥ò rh‹W M©L tUkhd¢ rh‹W muR/jåah® Jiw gâæš FL«g¤Âš vtU« Ïšiy v‹w rh‹W. t¿a ãiy¢ rh‹W. nk‰T¿¥Ã£LŸs eh‹F rh‹Wfis, r«gªj¥g£l t£lh£ÁaçläUªJ bg‰w Ëdnu fUiz mo¥gilæš gâ ãakd« tH§FtJ F¿¤J kht£l M£Áa®fshš gçÓyid brŒa¥gL»wJ.
3) nkny g¤Â Ïu©oš F¿¥Ãl¥g£LŸs eh‹F rh‹WfisÍ« jå¤jåahf bg‰W¢ rk®¥Ã¡f tèÍW¤jhkš ÑœF¿¥Ã£LŸs étu§fis cŸsl¡»a éçthd t¿a ãiy¢rh‹¿id k£L« nfhç¥ bg‰W mj‹ mo¥gilæš fUiz mo¥gilæš Ïwªjtç‹ FL«g« t¿a ãiyæš cŸsjh v‹gjid¥ gçÓyid brŒÍkhW mid¤J kht£lh£Á¤ jiyt®fS« nf£L¡ bfhŸs¥gL»‹wd®.
(1) t£lh£Áauhš tH§f¥g£l thçR¢ rh‹¿š F¿¥Ãl¥g£LŸs Ïwªjtç‹ thçRfŸ étu«, taJ, v§F ahUl‹ tÁ¡»‹wd® v‹w étu«, ÂUkz« Mdtuh Ïšiyah v‹w étu«, ÂUkz« Mdt® våš ÂUkzkhd njÂ, thçRfëš x›bthUtU« brŒJ tU« ntiy, mj‹ _ykhd tUkhd« Mf muR Cêa® Ïwªj nghJ FL«g m§f¤Âd®fŸ _y« bkh¤j M©L tUkhd«.
(2) nk‰go FL«g m§f¤Âd®fŸ <£L« tUkhd« k‰W« brh¤J¡fŸ _ykhd tUkhd« M»ait Ïwªjtç‹ FL«g¤ij¥ guhkç¡f¥ nghJkhdjhf cŸsjh Ïšiyah v‹w étu«.
(4) muR¥ gâahs® Ïw¡F« K‹dnu FL«g¤Âš muR¥ gâæš ÏUªj vtnuD« ÏUªjhš, mt® muR¥ gâahs® Ïw¡F« K‹dnu ÂUkzkh» jåahf tÁ¤J tªjhš mj‰fhd rh‹W.
3) nk‰F¿¥Ã£l étu§fis cŸsl¡»a t¿a ãiy¢ rh‹¿‹ c©ik¤ j‹ikia cça Mjhu§fSl‹ MŒÎ brŒJ mj‹ Ëd® Ïwªj muR Cêaç‹ thçR¡F¥ gâ ãakd« tH§FtJ F¿¤J¥ gçÓyid brŒÍkhW«, Ïwªjtçd brhªj Cçš mtU¡F brh¤J VJ« cŸsjh, mj‹ _y« tUkhd« VJ« bgw¥gL»wjh v‹gjidÍ« cW brŒJ bfhŸSkhW« mid¤J kht£l M£Á¤ jiyt®fS« nf£L¡ bfhŸs¥gL»‹wd®.
http://www.judis.nic.in
4) Ï¡foj« »il¡f¥ bg‰wik¡fhd x¥òifia cl‹ mD¥Ã it¡FkhW« mid¤J kht£lh£Áa®fS« nf£L¡ bfhŸs¥gL»‹wd®.
226j§fŸ e«Ã¡ifÍŸs, X«/-m.f‹åa¥g‹ Áw¥ò Miza® k‰W« tUthŒ ã®thf MizaU¡fhf efš
1. muR¢ brayhs®, tUthŒ¤ Jiw, br‹id-600 009.
2. f©fhâ¥ghs®, m.e-1 ÃçÎ t.ã,Jiw (jftY¡fhf).
3. ÏU¥ò¡ nfh¥ò /Miz¥go mD¥g¥gL»wJ/ f©fhâ¥ghs® efš muR¤ Jiz brayhs®, tUthŒJiw, br‹id-600 009 mt®fëläUªJ Áw¥ò Miza® k‰W« tUthŒ ã®thf Miza®, nr¥gh¡f«, br‹id-600 005, mt®fS¡F mD¥g¥g£l foj v©.46539/gâ.9.98-1, ehŸ.11.09.1998.
******* mŒah, bghUŸ: fUiz mo¥gilæš gâ ãakd«-Ïwªj muR Cêaç‹ FL«g¤Âš vtU« muR/jåah® Jiwæš gâòçaéšiy-k‰W« FL«g« t¿a ãiyæš cŸsJ v‹gj‰fhd rh‹WfŸ tH§Fjš-t£lh£Áa®fŸ Ëg‰w nt©oa be¿KiwfŸ-bjhl®ghf.
******** fUiz mo¥gilæš gâ ãakd« tH§F« bghGJ Ïwªj muR Cêaç‹ FL«g« t¿a Nœãiyæš jh‹ cŸsJ v‹gj‰fhd rh‹¿id t£lh£Áa® tH§F»‹wh®. Ï¢rh‹WfŸ cça Kiwæš MŒÎ brŒa¥glhkš tH§f¥gL»wJ v‹W muÁ‹ ftd¤Â‰F m›t¥bghGJ bfh©L tu¥gL»‹wdJ. Ïjid j鮡F« bghU£L, Ïwªj muR Cêaç‹ FL«g« t¿a ãiyæš cŸsJ v‹w égu¤Âid cça Kiwæš érhuiz _y« bg‰W, m¡FL«g¤Â‰F ntW têfëš mirÍ« k‰W« mirah brh¤J¡fŸ _ykhf tUkhd« VJ« <£l¥gL»‹wjh v‹gijÍ« f©l¿ªJ, mj‹ Ëd® rh‹W tH§f nt©L« v‹W mid¤J t£lh£Áa®fS¡F« m¿ÎiufŸ tH§FkhW nf£L¡ bfhŸ»nw‹. nkY« ÏJ ngh‹w rh‹Wfë‹ c©ik¤ j‹ikia, gâ ãakd¤Â‰F K‹d®, ãakd mÂfhçahš MŒÎ brŒa¥g£l Ëdnu gâ tH§f nt©L« v‹W mid¤J kht£l M£Áa®fS¡F« m¿ÎiufŸ tH§FkhW j§fis¡ nf£L¡ bfhŸ»nw‹.
j§fŸ e«Ã¡ifÍŸs x«/ muR Jiz¢ brayhsU¡fhf /c©ik efš/ f©fhâ¥ghs® m4.12184/99 ehŸ. 2.99 efš mid¤J tUthŒ rh®ãiy mYty®fS¡F« jftY¡fhfΫ j¡f elto¡if¡fhfΫ mD¥g¥gL»wJ.
kh.M. bgWd® mid¤J tUthŒ rh®ãiy mYty®fŸ jäœehL muR RU¡f« fUiz mo¥gilæš gâ ãakd§fŸ-gâæil kuzkilªj muR Cêaç‹ thçRjhuU¡F fUiz mo¥gilæš gâ ãakd« tH§Fjš-é©z¥g« më¡F« nghJ ÂUkzkhfhkš ÏUªJ Ëd® ÂUkzkhd bg© thçRjhuU¡F« gâ ãakd« tH§Fjš-Miz btëæl¥gL»wJ. http://www.judis.nic.in
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227
bjhêyhs® k‰W« ntiythŒ¥ò¤ (¡ô.2) Jiw
murhiz (ãiy) v©.165 ehŸ.30.08.2010
go¡f:
1. murhiz (ãiy) v©.560, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ.03.08.1977.
2. murhiz (ãiy) v©.155, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ.16.07.1993.
------------
Miz:
gh®it x‹¿š go¡f¥g£l murhizæš beU§»a cwéd®fŸ vd tiuaW¡f¥g£LŸs muR Cêaç‹ kidé/fzt‹/kf‹ ÂUkzkhfhj kfŸ M»nah® fUiz mo¥gilæš gâ ãakd« bgw¤ jFÂÍilat® v‹W Miz Ãw¥Ã¡f¥g£LŸsJ.
2. gh®it Ïu©oš go¡f¥g£l murhizæš fztdhš ifél¥g£L, gâæil kukilªj muR Cêa® FL«g¤Âš tÁ¤J tU« kfS¡F« k‰W« m›thW tÁ¤J tU« éjit kfŸ k‰W« éthfu¤J¥ bg‰w kfS¡F« gâæil Ïwªj muR¥ gâahsç‹ thçRjhuuhd éjit gâ ãakd« tH§»l x¥òjë¡F« ne®éš mt®fS¡F« gâ ãakd« brŒa¥ gçÓè¡fyh« vd Miz Ãw¥Ã¡f¥g£LŸsJ.
3. j‰nghJ, fUiz mo¥gilæš gâ ãakd« nt©o é©z¥g« më¡F« nghJ ÂUkzkhfkhš ÏUªJ gâ ãakd« tH§f¥gL« K‹d® ÂUkz« brŒJ bfh©l ne®ÎfŸ F¿¤J ÚÂk‹w¤ Ô®¥ò k‰W« gšntW JiwfëèUªJ bgw¥g£l ϤJiwahš gçÓè¡f¥g£ld.
4. Ϫãiyæš, fUiz mo¥gilæš gâ ãakd§fŸ nfhU« ne®Îfëš, gâæil kuzkilªj muR Cêaç‹ beU§»a cwéd®fŸ vd tiuaW¡f¥g£LŸs eg®fëš, ÂUkzkhfhj kfŸ v‹w ãiyæš gâ ãakd« nfhç é©z¥g« më¤J, gâ ãakd« tH§f¥gLtj‰F K‹dnu ÂUkz« brŒJ bfh©lt®fŸ fUizao¥gilæyhd gâ ãakd¤Â‰F Ïju jFÂfis ãiwÎ brŒÍ« g£r¤Âš, mt®fS¡F« gâ ãakd« tH§»l têtif brŒÍ« tifëš Ñœf©l ãgªjid¡fS£g£L gh®it x‹¿š go¡f¥g£l murhiz¡F bjëÎiu tH§» Ïj‹ _y« Mizæl¥gL»wJ:-
1. ÂUkzkhfhj ãiyæš cŸs bg©Q¡F, m¡FL«g¤Âš cŸs Ãw thçRjhu®fŸ më¤j kW¥Ã‹ik¢ rh‹¿jœ, ÂUkzkhd Ë m¥bg©Q¡F gâ më¡f¥gL« nghJ, Û©L« k‰w thçRjhu®fshš kW¥Ã‹ik¢ rh‹¿jœ tH§f¥gl nt©L«.
2. ÂUkz« brŒJ bfh©l Ëd® gâ thŒ¥ò bgW« jåa®, jdJ bg‰nwhç‹ FL«g¤Â‰F cjé òçÍ« tifæš cW Mtz« tH§f¥gl nt©L«.
3. fUiz mo¥gilæš gâthŒ¥ò nfhçÍŸs ÂUkzkhfhj bg©iz¤ ÂUkz« brŒJ bfhŸséU¡F« eg®, v®fhy¤Âš mtuhš mtuJ bg‰nwhU¡F¢ brŒÍ« cjé¡F kW¥ò VJ« V‰gL¤jkh£nl‹ v‹w cW bkhêia më¡f nt©L«.
//MSeç‹ Miz¥go// j.Ãughfuuh› muR Kj‹ik¢ brayhs®.
bgWe® jiyik¢ brayf¤Â‹ mid¤J JiwfŸ, br‹id-600 009. jäœehL r£lk‹w¥ nguit¢ brayf«, br‹id-600 009 mid¤Jiw jiyt®fŸ mid¤J kht£l M£Áa®fŸ/kht£l ÚÂgÂfŸ kht£l cçikæaš ÚÂk‹w ÚÂgÂfŸ gÂths® ca®ÚÂk‹w«, br‹id-104 gÂths® br‹id ca®ÚÂk‹w »is-kJiu muR tH¡FiuP®, br‹id/kJiu Kj‹ik khãy¡ fz¡fha®, br‹id-600 018 khãy¡ fz¡fha® (jâ¡if) br‹id-600 018 brayhs® jäœehL muR¥ gâahs® nj®thiza«, br‹id-600 002 Ïa¡Fe®, fUñyf¤Jiw br‹id-600 035 mid¤J kht£l fUñyf¤ jiyt®fŸ mid¤J r«gs¡ fz¡F mYty®fŸ http://www.judis.nic.in Kjyik¢r® mYtyf«, br‹id-6000 009 gâahs® k‰W« ã®thf Ó®ÂU¤j¤Jiw, br‹id-600 009 228 r£l¤Jiw, br‹id-9.
bjhêyhs® ey mik¢rç‹ jå¢ bray®, br‹id-600 009.
efš:
Kj‹ik¢ brayhsç‹ jå¢ brayhs®, bjhêyhs® k‰W« ntiy thŒ¥ò¤Jiw br‹id-600 009.
mid¤J¥ ÃçÎfŸ, bjhêyhs® k‰W« ntiy thŒ¥ò Jiw, br‹id-600 009.
//Miz¥go mD¥g¥gL»wJ// ÃçÎ mYty®
6. nk‰fhQ« bjëÎiuæ‹go mid¤J gâ ãakd§fisÍ« MŒÎ brŒJ elto¡if nk‰bfhŸSkhW mid¤J gâ ãakd mYty®fŸ m¿ÎW¤j¥gL»wh®fŸ.
j§fŸ c©ikÍŸs, muR Kj‹ik brayhsu¡fhf 04.05.10 efš Kj‹ik¢ brayhsç‹ jå¢ brayhs®, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, br‹id-9. bjhêyhs® k‰W« ntiythŒ¥ò¤ JiwQ‹ mid¤J ÃçÎfŸ gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤Jiw/r£l¤Jiw, br‹id-9. ÏU¥ò nfh¥ò/cÂç efš.
jäœehL muR RU¡f« fUiz mo¥gilæš gâ ãakd§fŸ-gâæil kuzkilªj muR Cêaç‹ thçRjhuU¡F fUiz mo¥gilæš gâ ãakd« tH§Fjš-é©z¥g« më¡F« nghJ ÂUkzkhfhkš ÏUªJ Ëd® gâãakd¤Â‰F K‹d® ÂUkzkhd bg© thçRjhuU¡F« gâ ãakd« tH§Fjš- bjëÎiufŸ btëæl¥gL»wJ.
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bjhêyhs® k‰W« ntiythŒ¥ò¤ (¡ô.1) Jiw
murhiz (ãiy) v©.96 ehŸ.18.06.2012
go¡f:
1. murhiz (ãiy) v©.212, gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤ Jiw, ehŸ.29.11.2001.
2. muR foj« v©.67770/¥Ã/2001-1, gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤ Jiw, ehŸ.19.12.2001.
3. murhiz (ãiy) v©.16, gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤ Jiw, ehŸ.21.02.2006.
4. murhiz (ãiy) v©.165, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw ehŸ.30.08.2010.
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Miz:
nkny eh‹»š go¡f¥g£l murhizæš, gâæil kuzkilªj muR Cêaç‹ beU§»a cwé®fŸ (near relatives) v‹W F¿¥Ãl¥g£LŸs eg®fSŸ ÂUkzkhfhj kfŸ v‹w ãiyæš, gâãakd« nfhç é©z¥g« më¤J, gâ ãakd« tH§f¥gLtj‰F K‹ng ÂUkz« brŒJ bfh©lt®fŸ, fUiz mo¥gilæyhd gâ ãakd¤Â‰F Ïju jFÂfis ãiwÎ brŒÍ« g£r¤Âš mt®fS¡F« gâ ãakd« tH§»l ãgªjid¡F£g£L MizfŸ btëæl¥g£LŸsd.
1) ÂUkzkhfhj ãiyæš cŸs bg©fS¡F m¡FL«g¤Âš cŸs Ãw thçRjhu®fŸ më¤j “kW¥Ã‹ik¢ rh‹¿jœ” ÂUkzkhd Ë, m¥bg©Q¡F gâ më¡f¥gL« nghJ Û©L« k‰w thçRjhu®fshš “kW¥Ã‹ik¢ rh‹¿jœ” tH§f¥gl nt©L«.
2) ÂUkz« brŒJ bfh©l Ëd® gâ thŒ¥ò bgW« jåa®, jdJ bg‰nwhç‹ FL«g¤Â‰F cjé òçÍ« tifæš cW Mtz« tH§f¥gl nt©L«.
3) fUiz mo¥gilæš gâthŒ¥ò nfhçÍŸs ÂUkzkhfhj bg©iz¤ ÂUkz« brŒJ bfhŸséU¡F« eg®, v®fhy¤Âš mtuhš mtuJ bg‰nwhU¡F¢ brŒÍ« cjé¡F kW¥ò VJ« V‰gL¤j kh£nl‹ v‹W cWÂbkhêia më¡f nt©L«.
nk‰go murhiz, mJ btëæl¥g£ ehëèUªJ eilKiw¥gL¤j¥g£lJ.
2. nkny x‹¿š go¡f¥g£l murhiz _y« neuo gâãakd jilahiz Ãw¥Ã¤j ehshd, mjhtJ http://www.judis.nic.in 29.11.2001-¡F K‹d®, fUiz mo¥gilæyhd gâ ãakd« nfhç, é©z¥g« më¤J, 29.11.2001¡F Ëd® ÂUkz« brŒJ bfh©l bg© thçRjhu®fS¡F mt®fŸ Ïju jFÂfis 229 ãiwÎ brŒÍ« g£r¤Âš, fUiz mo¥gilæš gâ ãakd« tH§fyhkh v‹gJ F¿¤J bjëÎiufŸ tH§FkhW tâftç Miza® muÁl« nfhçæUªjh®.
3. Ϫne®éid ftdkhf MŒÎ brŒj muR, 29.11.2001¡F K‹d® fUiz mo¥gilæyhd gâ ãakd« nfhç é©z¥g« më¤J 29.11.2001¡F Ëd® ÂUkz« brŒJ bfh©l bg‰ thçRjhu®fS¡F mt®fŸ Ïju jFÂfis ãiwÎ brŒÍ« g£r¤Âš, fUiz mo¥gilæš gâ ãakd« tH§fyh« v‹W KoÎ brŒJŸsJ.
4. mj‹go 29.11.2001-¡F Ëd® ÂUkz« brŒJ bfh©l bg© thçRjhu®fS¡F mt®fŸ Ïju jFÂfis ãiwÎ brŒÍ« g£r¤Âš, fUiz mo¥gilæš gâ ãakd« tH§fyh« v‹W muR MizæL»wJ. våD«, 29.11.2001‰F K‹d® ÂUkz« brŒJ¡ bfh©l bg© thçRjhu®fS¡F Ï›turhiz bghUªjhJ v‹W« muR MizæL»wJ.
(MSeç‹ Miz¥go) nkhf‹ Ãahbu muR Kj‹ik¢ brayhs® bgWe® jiyik¢ brayf¤Â‹ mid¤J JiwfŸ, br‹id-600 009 jäœehL r£lk‹w¥ nguit¢ brayf«, br‹id-600 009 mid¤JJiw jiyt®fŸ mid¤J kht£l M£Áa®fŸ/kht£l ÚÂgÂfŸ kht£l cçikæš ÚÂk‹w ÚÂgÂfŸ gÂths®, ca®ÚÂk‹w« br‹id-104 gÂths®, br‹id ca®ÚÂk‹w »is-kJiu muR tH¡FiuP®, br‹id/kJiu Kj‹ik khãy¡ fz¡fha® br‹id-600 018 khãy¡ fz¡fha® (jâ¡if) br‹id-600 018 brayhs®, jäœehL muR¥ gâahs® nj®thiza«, br‹id-600 006 Ïa¡Fe®, fUñyf¤Jiw, br‹id-600 035 mid¤J kht£l fUñyf¤ jiyt®fŸ mid¤J r«gs¡ fz¡F mYty®fŸ jäœehL muR RU¡f« fUiz mo¥gilæš gâ ãakd§fŸ-gâæil kuzkilªj muR Cêa®fë‹ bg© thçRjhuU¡F fUiz mo¥gilæš gâ ãakd« tH§Fjš-Miz btëæl¥gL»wJ.
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bjhêyhs® k‰W« ntiythŒ¥ò¤ (¡ô.1)¤ Jiw
murhiz (ãiy) v©.78 ehŸ.21.04.2017
nAés«Ã tUl«, Á¤Âiu khj« 8M« ehŸ.
ÂUtŸqt® M©L 2048
go¡f:
1. murhiz (ãiy) v©.560, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw, ehŸ.03.08.1977.
2. murhiz (ãiy) v©.8, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw, ehŸ. 07.01.1987.
3. murhiz (ãiy) v©.155, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw, ehŸ.16.07.1993
4. murhiz (ãiy) v©.135, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw, ehŸ.04.10.2006.
5. murhiz (ãiy) v©.165, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw, ehŸ.30.08.2010.
6. murhiz (ãiy) v©.96, bjhêyhs® k‰W« ntiythŒ¥ò¤ (¡ô1) Jiw, ehŸ.18.06.2012.
7. br‹id ca®ÚÂk‹w ÚÂ¥nguhiz kD v©.14341/2012, Ô®¥ò ehŸ. 17.04.2014.
8. muR jiyik tH¡FiuPç‹ fU¤J v©.82/15, ehŸ. 08.06.2015 http://www.judis.nic.in -------------
Miz:
nkny x‹¿š go¡f¥g£l murhizæš beU§»a cwéd®fŸ vd tiuaW¡f¥g£LŸs 230 gâæil kuzkilªj muR Cêaç‹ kidé/fzt®/kf‹/ÂUkzkhfhj kfŸ M»nah® fUiz mo¥gilæš gâ ãakd« bgw¤ jFÂÍilat® v‹W Miz btëæl¥gL»wJ.
2. nkny Ïu©oš go¡f¥g£l murhizæš, Ïwªj muR Cêaç‹ fzt‹/kidé fUiz mo¥gilæš gâãakd« nfhç, j§fë‹ thçRjhu®fëš, ahij gçªJiu brŒ»wh®fnsh, mt®fS¡nf gâãakd« tH§f¥gl nt©L« vd Miz btëæl¥g£LŸsJ.
3. nkny _‹¿š go¡f¥g£l murhizæš, fztdhš ifél¥g£L gâæil kuzkilªj muR Cêa® FL«g¤Âš tÁ¤J tU« kfS¡F«, m›thW tÁ¤J tU« éjit kfŸ k‰W« éthfu¤J¥ bg‰w kfS¡F« gâæil ωje muR¥ gâahsç‹ thçRjhu® v‹w Kiwæš, Ïwªj muR Cêaç‹ fzt‹/kidé mt®fë‹ gçªJiuæ‹ mo¥gilæš gâ ãakd« tH§f gçÓyid brŒayh« vd Miz tH§f¥gL»wJ.
4. nkny eh‹»š go¡f¥g£l murhizæš, fUiz mo¥gilæš gâ ãakd« tH§f gçÓè¡f¥gL« nghJ muR Cêa® kuzkilªj ehëid mo¥gilahf¡ bfh©L KJãiy ã®zæ¡f¥gl nt©Lk vd Miz btëæl¥g£LŸsJ.
5. nkny IªÂš go¡f¥g£l murhizæš, fUiz mo¥gilæyhd gâ ãak§fŸ nfhU« ne®Îfosš, gâæil kuzkilªj muR Cêaç‹ beU§»a cwéd®fŸ vd tiuaW¡f¥g£LŸs eg®fëš, ÂUkzkhfhj kfŸ v‹ ãiyæš gâ ãakd« nfhç é©z¥g« më¤J, gâ ãakd« tH§f¥gLtj‰F K‹dnu ÂUkz« brŒJ bfh©lt®fŸ fUizao¥gilæyhd gâ ãakd¤Â‰F Ïju jFÂfis ãiwÎ brŒÍ« g£r¤Âš, mt®fS¡F« gâ ãakd« tH§»l têtif brŒÍ« tifæš Áy ãgªjidfS¡F£g£L Miz btëæl¥g£LŸsJ.
6. nkny M¿š go¡f¥g£l murhizæš fUiz mo¥gil gâãakd§fS¡fhd jilahizæid fU¤Âš bfh©L “29.11.2001-¡F Ëd® ÂUkz« brŒJ bfh©l bg© thçRjhu®fS¡F mt®fŸ Ïju jFÂfis ãiwa brŒÍ« g£r¤Âš, fUiz mo¥gilæš gâ ãakd« tH§fyh« v‹W«, våD« 29.11.2001-¡F K‹d® ÂUkz« brŒJ bfh©l bg© thçRjhu®fS¡F Ï›turhiz bghUªjhJ” v‹W« Miz btëæl¥g£LŸsJ.
7. gh®it Vêš f©l br‹id ca®ÚÂk‹w ÚÂ¥nguhiz Ô®¥Ãš Ïwªj muR Cêaç‹ ÂUkzkhd bg© thçRjhu®fSfF fUiz mo¥gilæš gâ ãakd« tH§f Ñœf©lthW ca®ÚÂk‹w« Ô®¥gë¤JŸsJ:-
“to provide compassionate ground appointment to the petitioner, if she is otherwise eligible, without reference to marriage based on the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, there is right to equalit6y of woman compassionate ground appointment would not be denied on the ground of marriage”.
nkY« gy tH¡Ffëš Ïnj ãiygh£oidna ca®ÚÂk‹w« tèÍW¤ÂÍŸsJ.
8. nkny v£o§y go¡f¥g£l foj¤Âš muR jiyik tH¡FiuP® Ñœf©lthW jkJ fU¤Âid bjçé¤JŸsh®.
The Government has to immediately revise the relevant Government Orders and clearly provide that the legal heirs of deceased Government Employees if otherwise entitled to compassionate appointment would not be denied those benefits merely on the ground taht they ahve entered into matrimony either before or after making the application for compassionate appointment.
9. Ϫne®éid ca®ÚÂk‹w Ô®¥òfë‹ mo¥gilæY« k‰W« muR jiyik tH¡FiuP® fU¤Â‹ mo¥gilæY«, muR ftdKl‹ gçÓyid brŒJ, Ïwªj muR Cêaç‹ bg© thçRjhu® fUiz mo¥gilæš gânfhç é©z¥Ã¡F« nghJ ÂUkz« Mdtuhf ÏUªjhY«, mtuJ é©z¥g¤ij V‰fyh« vdΫ, m›thW ÂUkzkhd bg© thçRjhu®fS¡F fUiz mo¥gilæš gâ ãakd« tH§f¥gL« nghJ Ñœf©l ãgªjid¡F£g£L gçÓyid brŒÍkhW MizæL»wJ.
(9.1) ÂUkzkhd bg©Q¡F, thçR mo¥gilæš gâ tH§f¥gL« nghJ murhiz (ãiy) v©.165, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ.30.08.2010-Ïš tH§f¥g£LŸs ãgªjidfŸ bjhl®ªJ Ëg‰w¥gl nt©L«.
(9.2) Ïwªj muR Cêaç‹ ÂUkzkhd bg© thçRjhu®fë‹ fUiz mo¥gilæyhd gâ ãakd¡ nfhç¡if kD cça _‹wh©L fhy¤Â‰FŸ tH§f¥g£L, ãuhfç¡f¥g£oU¥Ã‹ mj‹ ÛJ ÚÂk‹w¤Âš tH¡F bjhL¤J ãYitæš cŸs Ïd§fisÍ«, m›thW ãuhfç¡f¥g£L, ÚÂk‹w« bršyhkš muR mYtyf§fëš nkšKiwpL ãYitæš ÏU¡F« Ïd§fisÍ« fUiz mo¥gilæyhd gâãakd¤Â‰Fça mid¤J jFÂfisÍ« ãiwÎ brŒÍ«g£r¤Âš gâãakd« http://www.judis.nic.in tH§f gçÓyid brŒayh«.
(9.3) nkny Ïd« (9.2)-š f©l ÏUtif¥g£l jåa®fë‹ é©z¥g§fŸ gçÓyid 231 brŒa¥gL« nghJ, Ϫne®é‹ Ñœ gçÓyid brŒa¥gL« é©z¥g¤jhu® vtU« mtU¡F kh‰whf k‰bwhUtU¡F gânfhç kh‰W é©z§fis më¡f ÏayhJ.
(9.4) nkny Ïd« (9.2) jéu, muR Cêa® Ïwªj _‹wh©LfS¡FŸ ÂUkzkhd bg© thçRjhu®fshš fUiz mo¥gilæš gâ ãakd« nt©o é©z¥g« më¤J, muR mYtyf§fshš ãuhfç¡fg¥g£l Ïju ne®Îfis, Kiwna eilKiwæš filÃo¡f¥gl nt©oa éÂKiwfS¡F£g£L murséš jå¤jåahf gçÓè¡fyh«.
(9.5) gâæil Ïwªj muR Cêaç‹, Ïwªj njÂia mo¥gilahf¡ bfh©L fz¡»l¥gL« KJãiyia (Seniorty) jtwhJ filÃo¡f nt©L«.
(9.6) gâæil Ïwªj muR Cêaç‹ FL«g« t¿a ãiyæš cŸsjh v‹gij cW brŒJ bfh©l Ë, Ïwªj muR Cêaç‹, fzt‹/kidé M»nah® thçRjhu®fëš vtiu fUiz mo¥gilæš gâ ãakd« bgw gçªJiu brŒ»whnuy, mtU¡nf gâ ãakd« tH§f gçÓè¡f¥gl nt©L«.
nk‰f©l ãgªjidfis jtwhJ filÃo¡FkhW mid¤J gâ ãakd mÂfhçfS« (Appointing Authorities) m¿ÎW¤j¥gL»wh®fŸ.
10. Ï›turhizæid, j§fŸ f£L¥gh£oYŸs Jiw jiyikaf§fŸ k‰W« gâ ãakd mÂfhçfS¡F mD¥Ã cça elto¡if nk‰bfhŸSkhW mid¤J jiyik¢ brayf JiwfS« nf£L¡ bfhŸs¥gL»‹wd
11. Ï›thurhiz gâahs® k‰W« ã®thf Ó®ÂU¤j¤ Jiwæ‹ m.rh.v©.13785/G2/2017-1 , ehŸ. 20.04.2017 k‰W« r£l¤ Jiwæ‹ m.rh.v©.10264/2017, ehŸ.21.04.2017-š bgw¥g£l x¥òjšfSl‹ btëæl¥gL»wJ.
(MSeç‹ Miz¥go) bg.mKjh muR brayhs® bgWe® muR Kj‹ik¢ brayhs®/brayhs®, jiyik¢ brayf mid¤J¤ JiwfŸ mid¤J kht£l M£Áa®fŸ mid¤J kht£l ÚÂgÂfŸ brayhs®, jäœehL muR¥ gâahs® nj®thiza«, br‹id-3 khãy fz¡fha®, br‹id-18 khãy fz¡fha® (jâ¡if), br‹id-35 mid¤J r«gs fz¡F mYty®fŸ/mid¤J fUñy mYty®fŸ jäœehL r£lk‹w¥ nguit¢ brayf«, br‹id-9 mid¤J mik¢r®fë‹ ne®Kf cjéahs®fŸ, br‹id-9 efš:
Kjyik¢r®, mYtyf«, br‹id-9 muR¢ brayhsç‹ jå¢ brayhs®, bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw, br‹id-9 bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiwæ‹ mid¤J ÃçÎfŸ gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤ Jiw/r£l¤Jiw, br‹id-9 ÏU¥ò nfh¥ò cÂç efš.
//Miz¥go mD¥g¥gL»wJ//
Ñ.by£Rä 21.04.17
ÃçÎ mYty®
mD¥òe® bgWe®
ÂU.Ã.ü®KfkJ, v«.v°ì., v«.v£.,v£.Ú., gŸë¡ fšé Ïiz Ïa¡Fe®, kht£l¡ fšé mYty® (bgh), (gâahs® bjhFÂ), fhŠÁòu«. br‹id-06.
http://www.judis.nic.in e.f.v©.586/m1/2012, ehŸ. 13.11.2014 mŒah, 232 bghUŸ: fUiz mo¥gilæš gâ nt©Ljš-efuh£Á bjhl¡f¥ gŸë nkšÃŸisah®ghisa«, ÂU.v°.kâ.(ny£), jiyikahÁça® 21.03.2003š fhykhdjhš Ïwªj muR Cêaç‹ eh‹fhtJ thçR ÂU.v«. mUŸuh#‹ v‹gt® fUiz mo¥gilæš gâthŒ¥ò nfhçaJ-rh®ªjJ.
gh®it: 1) gŸë¡ fšé Ïiz Ïa¡Fe® (gâahs® bjhFÂ) mt®fë‹ brašKiwfŸ, e.f.v©.64770/n#4/2008, ehŸ. 19.03.2014.
2) Ï›tYtyf brašKiw e.f.v©.586/m1/2012, ehŸ.13.06.2014.
3) br‹id ca®ãÂk‹w Miz v©.(laŸÍ Ã21083/14, ehŸ-27.08.2014).
********** fhŠÁòu«, nkšÃŸisah® ghisa« efuh£Á bjhl¡f¥gŸë jiyikahÁçauhf¥ gâah‰¿ gâæš cŸs nghJ kiwªj ÂU.v°.kâ v‹ghç‹ 4tJ thçR ÂU.v«.mUŸuh#‹ v‹gh® fUiz mo¥gilæš ãakd« nfhça é©z¥g« gh®it 1 k‰W« 2š f©LŸsthW ãuhfç¤J Miz tH§f¥g£LŸsij bjhl®ªJ gh®it 3š f©LŸs ca®ÚÂk‹w Mizæš bjçé¤JŸs Mizfë‹ ngçš m‹dhç‹ é©z¥g¤Âid ÛŸ MŒÎ brŒÍ« bghU£L, m‹dhç‹ j‰nghija FL«g ãiy F¿¤jhd érhuiz m¿¡ifæid Ñœf©LŸsthW gâªJ mD¥ò»nw‹. kiwªj K‹dhŸ jiyikahÁça® ÂU.v°.kâ v‹gtç‹ Ñœf©LŸs thçRfë‹ j‰nghija ãiy.
1. ÂUkÂ. v«.b#akâ (ny£) kâ, FL«g gâ
2. ÂU.v«.nk‹r‹, ÂUkzkhdt®, m‹dh® br‹idæš jåah® ãWtd« x‹¿š gâòçªJ tU»wh®. m‹dhç‹ FL«g¤Âd® br‹idæš tÁ¤J tU»‹wd®.
3. ÂU.v«.Ïué¡Fkh®, ÂUkzkhdt®, m‹dh® ÂUt©zhkiy muR fiy¡ fšÿçæš éçÎiuahsuhf¥ gâò绋wd®. Jåna FL«g¤jhUl‹ tÁ¤J tU»wh®.
4. ÂU.v«. mUŸuh#‹, ÂUkhzkhdt®. m‹dh® K‹d® k¤Âa mik¢r® ÂU.é°tehj‹ mt®fë‹ cjéahsuhf¥ gâòçªJ tªJŸsh®. j‰nghJ ntW v§F« gâòçaéšiy.
5. ÂU.v«.Ôg‹ uh#‹, ÂUkzkhdt®. m‹dh® tUthŒ MŒthsuhf (Revenue Inpsector) ÂUbgU«òö® t£l¤Âš gâòçªJ tU»wh®. FL«g¤jhUl‹ jåna tÁ¤J tU»wh®.
6. ÂU.v«.éDr¡ut®¤Â, ÂUkzkhfjt®. MÁça® gæ‰Á bg‰WŸsh®.
kht£l¡ fšé mYty®(bgh), fhŠÁòu«.
RU¡f« fUiz mo¥gilæš gâ ãakd«-kh©òäF jäœehL Kjyik¢r® mt®fshš é 110-‹ Ñœ m¿é¡f¥g£l m¿é¥ò-1.2.2016 tiu fUiz mo¥gilæš gâ ãakd« brŒa¥g£lt®fë‹ gâia tu‹Kiw¥gL¤Jjš-Miz k‰W« têKiwfŸ-btëæl¥gL»‹wd.
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bjhêyhs® k‰W« ntiythŒ¥ò (¡ô)¤ Jiw
murhiz (ãiy) v©.80 ehŸ.02.03.2016
k‹kj tUl«, khÁ khj« 19 ehŸ
ÂUtŸSt® M©L 2047
go¡f:
1. murhiz (ãiy) v©.225, bjhêyhs® Jiw, ehŸ.16.02.1972
2. murhiz (ãiy) v©.560, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ.03.08.1977.
3. murhiz (ãiy) v©.42, bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, ehŸ. 12.03.2007.
4. jäœehL r£lk‹w¥ nguit é 110-‹ Ñœ kh©òäF jäœehL Kjyik¢r® mt®fshš m¿é¡f¥g£l m¿é¥ò ehŸ.19.02.2016.
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Miz:
gh®it 1-š go¡f¥g£l murhizæš, gâæil kuzkilªj muR¥ gâahs®fë‹ FL«g¤Âš V‰gL« ÂO® ã beU¡foæid <LbrŒÂL« bghU£L mt®fë‹ thçRjhu®fS¡F fUiz mo¥gilæš gâ ãakd« tH§»L« £l« brašgL¤j Miz btëæl¥g£lJ.
2. gh®it 2-š go¡f¥g£l murhizæš, gy tiuKiwfis cŸsl¡» jäœehL muR¥ gâahs® nj®thiza¥ tu«Ã‰F£g£l gjéfëY«, fUiz mo¥gilæyhd gâ ãakd« http://www.judis.nic.in tH§fyh« vd Mizæl¥g£lJ.233
3. Ïnj murhizæš, jäœehL muR¥ gâahs® nj®thiza tu«Ã‰F£g£l gjéfëš gâ ãakd« brŒa¥g£lt®fsJ gâ tu‹Kiw F¿¤j bra‰F¿¥ò muÁ‰F mD¥g¥g£L, r«gªj¥g£l Jiwfë‹ x¥òjYl‹ bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiw k‰W« gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤Jiwæ‹ x¥òjš bgw¥g£L, nj®thiza¤Â‹ Ïiréid¥ bgw¥g£l Ëdnu gâ tu‹Kiw F¿¤j Miz btëæl¥gl nt©L« vd bjçé¡f¥g£LŸsJ.
4. gh®it 3-š go¡f¥g£l murhizæš, fUiz mo¥gilæš gâ ãakd« F¿¤J gšntW be¿KiwfŸ/têKiwfŸ tiuaW¡f¥g£LŸsd.
5. nk‰fhQ« ãiyæš, fUiz mo¥gilæš gâ ãakd« bg‰w gâahs®fë‹ gâæid tu‹Kiw¥gL¤Jtš gšntW fhuz§fshš fhyjhkj¤Âid fU¤Â‰bfh©L, 19.02.2016 m‹W r£lk‹w¥ nguitæš kh©òäF jäœehL Kjyik¢r® mt®fŸ jäœehL r£lk‹w¥ nguit é 110-‹ ËtU« m¿é¥ig btëæ£LŸsh®fŸ.
“fUiz mo¥gilæš gâak®¤j¥g£l muR mYty®fŸ gâ tu‹Kiw brŒa¥g£l Ëdnu, CÂa ca®Î ngh‹w gšntW gâ¥gy‹fŸ mt®fŸ bgw ÏaY«. jäœehL muR¥ gâahs® nj®thiza¤Â‹ x¥òjš cŸë£l gšntW eilKiwfŸ Ëg‰w¥gl nt©oÍŸsjhš, Ïš fhyjhkj« V‰gL»wJ. Ïjid¤ j鮡F« tifæš 1.02.2016 tiu fUiz mo¥gilæš gâak®¤j¥g£L, vªjéj é¤ js®Î« njit¥glhj mid¤J eg®fë‹ gâ ãakdK«, bghJ murhiz _ykhf Kiw¥gL¤j¥gL«. jäœehL muR¥ gâahs® nj®thiza¤Â‹ x¥òjš bgw¥gl nt©oa gjéfS¡F, bghJthd murhiz btëæl¥g£l Ëd®, Miza¤Â‹ x¥òjš bgw¥gL«. é¤js®Î njit¥gL« mYt®fis¥ bghW¤j tiuæš, jäœehL muR¥ gâahs® nj®thiza¤Â‹ x¥òjš bg‰W éÂfis¥ js®Î brŒtj‰fhd murhizfŸ btëæl¥gL«. jäœehL muR¥ gâahs® nj®thiza¤Â‹ x¥òjš bgw¥gL« tiuæš mt®fis j‰fhèf muR mYt®fshf¡ fUÂ, mt®fS¡F M©L CÂa ca®Î tH§f tif brŒa¥gL«”.
6. nk‰f©l kh©òäF jäœehL Kjyik¢r® mt®fë‹ m¿é¥Ã‹ mo¥gilæš 01.02.2016 tiu fUiz mo¥gilæš gâãakd« brŒa¥g£l gâahs®fë‹ gâæid éiuéš gâtu‹Kiw brŒÂl VJthf, Ϫne®éid muR ftdKl‹ gçÓyid brŒJ Ñœf©l Miz k‰W« têKiwfis (Guidelines) Ëg‰w nt©L« vd MizæL»wJ.
(6.1) 01.02.2016 tiu fUizao¥gilæš gâak®¤j¥g£L, vªjéj é¤js®Î (Relaxation of Rules) k‰W« murhizfS¡F éy¡F (Exemption of Government Orders) njit¥glhj mid¤J mYty®fë‹ gâ ãakdK« Ïj‹ _y« eilKiwæš cŸs éÂfS¡F tu‹Kiw¥gL¤j¥gL»wJ.
(6.2) nkny g¤Â 6.1-Ïš cŸs Mizæid brašgL¤j r«gªj¥g£l ãakd mYty®fŸ (Appointing Authority) mtut® f£L¥gh£o‹ »œ cŸs fUiz mo¥gilæš gâak®¤j¥g£l muR gâahsç‹ gâæid tu‹Kiw brŒÂl cça brašKiw Miz (Proceedings) btëp£L, bjhl®òila muR gâahsçå gâ¥gÂnt£oš gÂÎ brŒa¥gl nt©L« vd m¿ÎW¤j¥gL»‹wd®.
(6.3) Ïjid¤ bjhl®ªJ Ïd« 6.1-Ïš f©l jäœehL muR¥ gâahs® nj®thiza¤Â‹ cŸÇ£L všiy¡FŸ tU« gjéfëš gâak®¤j¥g£l muR mYty®fë‹ gâæid tu‹Kiw¥gL¤Âa muR mYty®fë‹ gâæid tu‹Kiw¥gL¤Âa Ë, 1954-« M©L jäœehL muR¥ gâahs® nj®thiza xG§FKiwfëš, xG§FKiw 16(b)-‹ Ñœ nj®thiza¤Â‹ Ïiréid bgW« bghU£L cça K‹bkhêÎfŸ eilKiwæš cŸs têKiwfë‹go muR¡F mD¥g¥gl nt©L«.
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(6.5) nkny g¤Â 6,4-Ïš F¿¥Ãl¥g£l muR¥ gâahs®fŸ bghU£L cça é¤js®Î / murhizfS¡F éy¡F njit¥gl« fU¤JUéid muÁ‰F cça têKiwahf mD¥g¥gl nt©L«. mj‹ Ëd® r«kªj¥g£ ã®thf¤ Jiwahš, jäœehL muR¥ gash® nj®thiza¤Â‹ x¥òjš bg‰W, Ëd® é¤js®Î/murhizfS¡F éy¡F F¿¤j murhiz btëæl¥gl nt©L«.
7.Ï›turhiz, gâahs® k‰W« ã®thf¢ Ó®ÂU¤j¤ Jiwæ‹ m.rh.v©.9083/í2/2016-1, ehŸ. 02.03.2016-Ïš bgw¥g£l x¥òjYl‹ btëæl¥gL»wJ.
(MSeç‹ Miz¥go) http://www.judis.nic.in Fkh® #aª¤, muR Kj‹ik¢ brayhs® 234 bgWe® muR Kj‹ik¢ brayhs®/brayhs®, jiyik¢ brayf mid¤J¤ JiwfŸ, mid¤J¤ Jiw¤ jiyt®fŸ, mid¤J kht£l M£Áa®fŸ, mid¤J kht£l ÚÂgÂfŸ, brayhs®, jäœehL muR¥ gâahs® nj®thiza«, br‹id-3.
khãy fz¡fhs®, br‹id-18.
khãy fz¡fha® (jâ¡if), br‹id-35.
mid¤J r«gs fz¡F mYty®fŸ/mid¤J fUñy mYty®fŸ.
jäœehL r£lk‹w¥ nguit¢ brayf«, br‹id-9.
mid¤J mik¢r®fë‹ ne®Kf cjéahs®fŸ,br‹id-9.
efš.
Kjyik¢r® mYtyf«, br‹id-9.
muR Kj‹ik¢ brayhsç‹ jå¢ brayhs®.
bjhêyhs® k‰W« ntiythŒ¥ò¤Jiw, br‹id-9.
bjhêyhs® k‰W« ntiythŒ¥ò¤ Jiwæ‹ mid¤J¥ ÃçÎfŸ. gâahs® k‰W« ã®thf¢ Ó®¤ÂU¤j¤ Jiw, br‹id-9.
ÏU¥ò nfh¥ò/cÂç efš.
// Miz¥go mD¥g¥gL»wJ// kh.gçksh 02.03.2016 ÃçÎ mYty® Ïuhé 02.03.2016
11. Government have issued a clarification, in G.O.Ms.No.560, Labour and Employment Department, dated 03.08.1977, for employment assistance to the families of deceased government servants, procedure of recruitment.
For brevity, the same is extracted hereunder:-
GOVERNMENT OF TAMIL NADU ABSTRACT PUBLIC SERVICES - Employment Assistance to Families of deceased Government Servants - Procedure of recruitment - clarification issued.
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Labour and Employment Department G.O.Ms.No.560 Dated the 3rd August 1977.
Read:
http://www.judis.nic.in
1. G.O.Ms.No.225, Labour dated 15.2.1972.
2. Govt. Memo No.58029/L3/73-2 Labour and 235 Employment dated 4.1.74.
3. Govt. Memo No.23660/NII/74-2 Labour and Employment dated 20.9.1974.
4. Govt.Memo No.25155/NII/74-B Labour and Employment dated 4.9.1975.
5. Govt.Memo No.31275/NII/76-2 Labour and Employment dated 31.12.76.
6. From the Director of Employment and Training Lr.No.Z/45632/74 dated 1.9.1974.
7. From the Director of Employment and Training Lr.No.45635/74 dated 3.9.1974.
****** ORDER:
In the G.O.1st read above and in the subsequent memorandum, 2nd to 5th read above, the Government have permitted the recruitment of wife/husband/son/unmarried daughter/near relative of the Government Servant who dies in harness without reference to the Employment Exchange subject to certain conditions. In the practical application of the G.O. and subsequent amendments read above, several clarification have been sought for by Heads of Departments and orders. The points raised have been examined in detail in consultation with the Director of Employment and Training. The Government issue the following clarifications.
(1) (a) The appointing authorities who have already made appointments of dependants of the Government Servants who dies in harness prior to 15.2.1972. Where such appointments have not yet been regularised by the Government should send proposals in such cases to Government in the administrative department of the Secretariat concerned, through their Heads of Departments, for examination and decision on the merits of each case in consultation with Labour and Employment Department, for regularisation of termination of services.
In future, request for appointment of dependants of the Government servants who dies prior to 15.2.1972 can be considered http://www.judis.nic.in favourably and proposals sent to Government in the following type of cases.
236At the time of consideration of his dependant's case for appointment the Government servants presumptive date of superannuation (i.e., had he lived) should not have been reached. In other words, the grant of the concession would be considered only upto the presumptive date of superannuation of the Government Servants. For example, if a Government Servant dies in 1965 and the date of his superannuation would have been 01.10.1981 if he were alive, his dependant can apply for a post on the date prior to 01.10.1981 only.
(2) The term near relative is defined and restriced to include only the wife/husband/son/unmarried daughter of the Goverment Servant who dies in harness. Cases of near relatinves such as brothers/sisters, etc. of the deceased Government Servants should be excluded.
(3) The Government are of the view that no distinction, need be made between natural death and death by murder suicide etc, will be few and far between and inasmuch as the family of Government servant who dies of suicide will be put to the same hardship as the family of the Government servant who dies a natural death. Therefore the appointing authorities are empowered to waived the general procedure of recruitment through Employment Exchange in the recruitment cases of appointmetns of dependants of the Government servants who committed suicide or were murdered.
(4) The appointing authorities are responsible for satisfying themselves about the indigent circumstances of the family of deceased Government servant before appointment is offered. They need not insist on the production of any certificate from the applicant.
(5) The concession in the G.O. is applicable in respect of all regular posts within the purview of the Tamil Nadu Public Service Commission also subject to the observance of the procedure of obtaining the specific concurrence of the Commission in individual http://www.judis.nic.in cases, after examination of each case on merits, under the latter 237 part of Regulation 16(b) of the Tamil Nadu Public Service Commission Regulations, 1954. The appointing authority concerned, where necessary, should send proposals to Government in the administrative department of the Secretariat through the Head of Department for consideration in consultation with Labour and Employment and Personnel and Administrative Reforms Departments. The appointing authorities are, however, empowered to make temporary appointments to posts within the purview of the Tamil Nadu Public Service Commission, pending regular appointments in consultation with the Commission as mentioned above.
(6) The candidate seeking employment under G.O. should possess all the prescribed qualification for the posts concered and these conditions should not be relaxed in individual cases.
(7). The dependants who are appointed on temporary basis, should be given their normal place in the list of seniority and they can be ousted for want of vacancy strictly according this list.
(8) Dependent of deceased Government servant can be appointed in any department if the qualifiactions of the applicant do not permit his/her appointment to a post in the same department in which his parent or husband or wife served or if he/she possesses better qualifications for appointment in the outside department provided the Head of the other Department also gives his concurrence. However, the dependant should apply for appointment only to the office in which the Government servant was in service at the time of the death so that office can vefity the facts in the petition like date of death the indigent circumstances of the family, etc. (9) Dependents of the temporary government servants appointed under Rule 10(a)(1) of the General Rules for the Tamilnadu State Subordinate Services. Who die in harness are eligible for the concession under the order.
(10) Dependents of the Government servants who die after http://www.judis.nic.in retirement are not eligible for concession under these orders.
238(11) The appointment orders shoule be issued in the usual manner. But the appointment authorities should furnish the details of appointment made by them under this G.O. In proforma-I (Specimen enclosed) to the Government in the Labour and Employment Department, the Administrative Department of the Secretariat concerned the Head of Department and the Director of Employment and Training.
(12) The Heads of Departments and Collectors are requested to collect the particulars of appointments made and to be made under G.O.Ms.No.225, Labour dated 15.02.1972, from variuos appointing authorities under their control in proforma - II (Specimen enclosed) and furnish the particulars to the Director of Employment and Training for every half year from the year 1972. Likewise, the departments of the Secretariat shall furnish such particulars regarding the appointments under the G.O. in their departments in proforma II to the Director of Employment and Training. The Director of Employment and Training is requested to consolidate the same and submit an Annual Return to the Government for information and record. Further the Department of Secretariat. Heads of the Departments and Collectors are requested to maintain a register in Proforma II.
(13) All the appointing authorities should address the Government in the administrative department through the Heads of Departments concerned for specific orders, clarifications whenever they have any doubt. They should not act on their own accord based on assumptions and presumptions as appointments once made will be difficult to be terminated.
/By order of the Governor/ Sd/ C.RAMACHANDRAN Secretary to Government"
12. Clarifications issued in Government Letter (Ms) No.86, Labour and http://www.judis.nic.in Employment Welfare (Q.1) Department, dated 04.05.2010, are extracted 239 hereunder:-
"Secretariat Chennai EMPLOYMENT AND LABOUR WELFARE (Q.1) DEPARTMENT Government Letter (Ms) No.86/Q.1/2010 - 2, dated 04.05.2010 From:
Dr.T.Prabhakara Rao., I.A.S., Prl Secretary to Govty., To Chief Secretary/Secretary.
All the Departments at Secretary.
All Head of the Departments.
All District Collectors.
The Commissioner, Land Administration Department, Chennai-5. The Commissioner, Revenue Administration Department, Chennai-5. The Registrar, High Court, Chennai 104,/Madurai.
The Commissioner to Employment and Training Dept., Chennai-32. All District Judges.
Secretary, Tamilnadu Staff Selection Commission, Chennai-2. Accountant General, Chennai-18.
Accountant General (Audit) Chennai - 35.
All Pay and Account Officers/All Treasury Officers. Secretariat of Tamilnadu Legislature Assembly.
The Secretary to Chief Minister, Chennai - 9.
Senior Personal Assistant to Ministers, Chennai-9.
Sir/Madam, Sub: Appointments under Compassionate Ground-fixation of minimum age limit and receipt of applications -
granting clarifications.
Ref: 1. Govt Lr.No.66813/Q1/91-3, Labour and Employment Department, dated 22.11.1991.
2. G.O.(Ms) No.120, Labour and Employment Department, dated 26.06.1995.
3. G.O.(Ms) No.112, Personnel and Administrative Reforms Department, dated 23.08.2005.
4. G.O.(Ms) No.42, Labour and Employment Department, dated 12.03.2007.
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http://www.judis.nic.in Among the regulations pertaining to the appointment under 240 the compassionate ground, with reference to first cited in the Government Letter the government employees who died during the course of their service, it has been given clarification even those who are below 18 years, can be granted appointment to the legal heirs of the deceased Government Employees.
2. With reference to second cited Government Order, the period to claim appointment under compassionate ground was fixed within a period of 3 years from the date of deceased Government Employee.
3. With reference to third cited Government Order, the minimum age limit to the Government Service was fixed at 18 years, from the date of notification of year vacancy arising therein, it was stated that 18 years of age should be completed as on 1st day of July. This order said to have come in to force from 23.08.2005 onward. This order is applicable to the appointment under Compassionate Ground also, the orders have been issued.
4. With reference to fourth cited above, along with other guidelines, regarding the appointment under compassionate Grounds, it has been order that to follow the instructions and conditions laid down by the Apex Court.
5. In these circumstances, the government employees who died during the course of their service. To grant appointment to the legal heirs under compassionate ground, to fix the minimum age limit the clarification is given in the following manner:-
(i) Prior to 23.08.2005, the application received within a period of 3 years claiming appointment under compassionate grounds, even though they have not completed the age of 18 years, in the event having order qualification to fulfil the eligibility for the http://www.judis.nic.in appointment under compassionate grounds. It should be considered 241 that they are eligible for such appointment.
(ii) From 23.08.2005, the appointment under compassionate grounds, the minimum age was fixed at 18, in the Govt. Letter No.66813/Q.1/91-3, Labour and Employment Department dated 22.11.1991 it is deemed that the clarification given therein has been removed, and after 23.08.2005 it should be adduced that those who have completed the age of 18, only such legal heirs should be assumed they alone are eligible for the appointment under compassionate grounds.
(iii) The application submitted within the period of three years from the date demise of the deceased government employee the date of such application to be taken into account, and the eligibility of age and educational qualification should be fixed.
(iv) The clarification as mentioned in Para 5(iii) above, this order of clarification will come into force.
6. As per the above stated clarification, it is instructed to all appointing officers that the appointments in service shall be scrutized and take up proceedings accordingly.
Yours truly Sd/-
For Prl Secy to Govt."
13. Respondent's father died on 03.05.2002. At the time of death, respondent has completed her X+2. Six years after death, she has completed her Diploma in Teacher Education. Based on the same, she has applied for the post of Secondary Grade Teacher. District Elementary Educational http://www.judis.nic.in 242 Officer, Tiruvarur, has passed an order dated 11.09.2012, which reads thus:-
"Proceedings of the District Elementary Education Officer,Tiruvarur.
Passed by: Mr.M.Azhagirisamy, M.Sc., M.Ed., No. 445/2012/A1/dt.11.09.2012.
Sub: Elementary Education - Litigation -
Employment sought under compassion ground - Mrs.N.Bharathi, D/o Mr.Nagarajan since deceased - Judgement delivered in the Madras High Court - passing final orders - reg.
Ref: 1. Litigation filed in the Madras High Court WBN 1887/2012 dt.05.07.2012
2. Proceedings of the Director of the Tamilnadu Elementary Education No.18527/E3/2012 dt. 06.08.2012
3. Assistant Elementary Education Officer, Tiruthuraipoondi....No 349/A3/2004 Date. 16. 08.2012.
******* Mr. Nagarajan who was working as a Head Master in the Segal PUPS passed away in 03.05.2002. His legal heir Mrs. N.Bharathi filed a case in the Honble High Court seeking employment as a Secondary Grade Teacher under compassion ground. In pursuance of the above case, a judgement has been delivered as under.
In the light of the above the writ petition is disposed of directing the respondents to consider the case of the petitioner in the light of G.O. Ms. No. 165 dated 13.08.2010 and pass appropriate orders in accordance law within period 8 weeks from the date of receipt of a copy of this order No costs consequently connected miscellaneous petition is closed.
Based on the above judgement and based on the guidelines , rules , existing GO s and the proceedings on the appointment related to the Compassion Ground appointments, the following information is conveyed to the petitioner.
Whenever a Government employee passes away while In http://www.judis.nic.in service, his or her family should not be left in the lurch. The family should not be made to suffer economically. This is the very reason 243 behind the Compassion Ground Appointments. Vide GO No. 560, dt. 30.08.1972 orders have been passed by the Department of Labour and Employment to give job opportunity to the legal heir of the deceased. Based on the date of demise of the employee and following the State Seniority List, job appointment orders for the post of Junior Assistant have been issued to the legal heirs of the deceased employees who passed on or before 16.03.1997.
According to the GO No. 719, Department of Labour and Employment dt. 19.04.1989 and No. 45429/M-1/99 and according to the orders passed by the Director of the School Education dt. 04.02.2002 it has been stated clearly that appointment orders for teachers can only be made if and only the legal heir had the necessary qualification on the date of the demise of the concerned Govt employee. In this case, When Mr. Nagarajan passed away on 03.05. 2002, the petitioner, his Daughter Mrs. N. Bharathi passed Higher Secondary second year. After her Father’s demise, she applied for the job of Junior Assistant based on compassion ground. But, after she completed her D.T.Ed., in 2008, again she applied for the post of Secondary Teacher based on the same compassion ground. Since the petitioner acquired her D.T.Ed.,. Qualification 6 years after the demise of her Father, it is hereby conveyed that her name cannot be considered for the appointment of Secondary Grade Teachers on the basis of compassion ground. Hence, the question of your appointment as a Junior Assistant on compassion ground will be considered based on the State Seniority List, based on the seniority of the date of the demise of the State Government Employee, etc....
District elementary Educational officer"
14. When the same was tested in W.P.No.34283 of 2012, Director of School Education, Chennai, has filed a counter affidavit stating that at the http://www.judis.nic.in 244 time of submission of the application claiming assistance on compassionate grounds, respondent had completed only X+2, and at the most, eligible for appointment on compassionate grounds, as a Junior Assistant, which post falls under the purview of Tamil Nadu Public Service Commission. She has acquired Diploma in Teacher Education in the year 2011. On the basis of acquiring Diploma in Teacher Education, on 16.04.2011, she has made a request to provide her appointment as Secondary Grade Teacher. She has been informed that her request would be considered for the post of Junior Assistant, at the time when her turn comes as per the State Level Seniority list for the post of Junior Assistant. As per the Government Orders inforce, as a matter of right an applicant cannot seek for a post within the purview of TNPSC, suitable to his/her educational qualifications. Son/daughter of a deceased government servant on the basis of his/her professional qualification, like B.E. or M.B.B.S., cannot claim the post of an Assistant Surgeon or Assistant Engineer as the case may be, and at the most, he/she, can claim employment assistance on compassionate grounds only to the post of Junior Assistant. Paragraph No.4 of G.O.Ms.No.1119, Labour and Employment Exchange, dated 20.05.1981, makes it clear.
"4. The Government have carefully examined the above suggestion of the Tamil Nadu Public Service Commission. They consider that it would be proper and fair to appoint the candidate with reference to the qualifications possessed by him / he and that it http://www.judis.nic.in will not be administrative expedient ot appoint the candidate possessing technical / professional Qualifications like B.E. M.B.B.S. 245 etc., to the post of Junior Assistant. The Government therefore, in partial modification of the orders issued in G.O.Ms.No. 560 Labour and Employment dt. 3.8.77 direct that the dependant of the deceased Government servant who possess the technical and professional qualification be appointed temporarily without referring to Employment Exchange and Tamil Nadu Public Service Commission to the initial or starting category of post for which his qualifications are the minimum prescribed, either in the department where the parent at the time of his / her death or in any other departments, in which such posts exist, by way or illustration, if the dependants of the deceased Government Servants possess B.E. or M.B.B.S. or B.Sc (Agri) Degree they may be appointed as Assistant Engineer, Civil Assistant Surgeons and Deputy Agricultural Officers respectively temporarily. Like wise Diploma holders will be appointed to the lowest category in the concerned subordinate service. All such candidates subsequently shall apply to the TNPSC in the normal channel and get selected for regular appointment in the post. As regards the dependants of the deceased Government servants who possess suitable requisite qualification other than technical /professional they shall be appointed as Junior Assistant regularly without reference to Employment Exchange subject to the concurrence of the Tamil Nadu Public Service Commission being obtained under the latter of regulation 16(b) of the TNPSC regulation 1954."
15. In G.O.(Ms).No.100, Personnel and Administrative Reforms (M) Department, dated 01.08.2018, even the concurrence with the Tamil Nadu Public Service Commission, is not required. Said G.O. issued for regularisation, is extracted hereunder:-
http://www.judis.nic.in "GOVERNMENT OF TAMILNADU ABSTRACT 246 Administrative Reforms - Regularizing the services of individuals appointed under Compassionate Grounds - Dispensing with the procedure of obtaining concurrence from Tamil Nadu Public Service Commission - Orders - issued.
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PERSONNEL AND ADMINISTRATIVE REFORMS (Ml DEPARTMENT G.O.(Ms-) No. 100 Dated: 01.08.2018 Read:
1. G.O,(Ms,)No.560, Labour and Employment Department, dated 03.08.1977.
2. G.O.(Ms.)No.143, Labour and Employment Department, dated 11.11.1998.
3. From the Secretary, Tamil Nadu Public Service Commission, Letter No.9366/CD-A4/1998, dated 31.03.1999.
4. G.O.(Ms.)No.17, Labour and Employment Department, dated 07.02,2003.
5. G.O.(Ms.)No.80, Labour and Employment Department, dated 02.03.2016.
6. From the Secretary, Tamil Nadu Public Service Commission, D.O.Letter No.2871/CD-B2/2018, dated 28.06.2018.
***** ORDER:
In the Government Order first read above, norms and guidelines for the scheme of compassionate ground appointments have been formulated. As per the above guidelines, such appointments are made to the entry level posts, viz., Junior Assistant in Ministerial Service I Assistant in Secretariat Service / Record Clerk / Office Assistant / Field Assistant. As per the latter part of Regulation 16(b) of the Tamil Nadu Public Service Commission Regulations, 1954, concurrence of the Commission Is obtained for regularsing the service of such candidates appointed in the posts which are within the purview of the Commission.
2. In the Government Order second read above, orders were issued delegating the powers to the Heads of Department / Appointing Authorities to regularize toe services of toe individuals appointed under compassionate grounds, without consulting either the Government or the Commission. The Tamil Nadu Public Service Commission, in its letter third read above, opined that as the posts of Junior Assistant, Typist and Steno Typist are within the purview of the Commission and that if Heads of Department are delegated with the power of regularization, without any checking machinery either at the level of the Government or at the level of the Commission, the purpose of the scheme of compassionate grounds would be defeated. Accepting the above views of the Commission, orders issued in the Government Order second read above, were withdrawn in the Government Order http://www.judis.nic.in fourth read above.247
3. Further, in the Government Order fifth read above, orders were issued to regularize the service of those individuals who were appointed under compassionate grounds till 0102.2016 by the Appointing Authorities themselves, where relaxation of rules is not warranted and then to send the proposals to Tamil Nadu Public Service Commission for concurrence.
4. Now, as an Administrative Reform, the proposal to dispense with the procedure of obtaining the concurrence of the Tamil Nadu Public Service Commission for regularizing the services of the individuals appointed under compassionate grounds was taken up for examination and the views of foe Tamil Nadu Public Service Commission was obtained. The Secretary, Tamil Nadu Public Service Commission in his letter sixth read above has stated that foe Commission suggests that a suitable mechanism may be evolved by foe Government so as to simplify foe process thereby foe employee stands to benefit ultimately.
5. After careful examination, considering the ultimate benefit of the employee, foe views of foe Commission and as a simplification and proactive measure, the Government hereby directs to dispense with foe procedure of obtaining’ the concurrence of foe Tamil Nadu Public Service Commission for regularizing the services of the individuals appointed under Compassionate Grounds.
6. Necessary amendments to the Tamil Nadu Public Service Commission, Regulations 1954, will be issued separately.
(BY ORDER OF THE GOVERNOR) S.SWARNA, SECRETARY TO GOVERNMENT."
16. In the case of D.Amirthalingam, relied on by the respondent, he has been appointed as a Secondary Grade Teacher, on compassionate grounds and his services have been regularised lateron by a Government Order in G.O.(3T)No.147, School Education Department (Elementary Edn.
3(1) Department, dated 01.08.2013, which reads thus:-
http://www.judis.nic.in GOVERNMENT OF TAMIL NADU Abstract 248 Elementary Education - Appointment under compassionate grounds - Thiru.P.Amirthalingam, S/o.Thiru.S.Balasubramanian (late) - Tamil Nadu School Education Allied Services - School Education Department - Appointment as Secondary Grade Teacher with effect from 26/11/1999 forenoon - Regularisation of services - Order issued.
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School Education Department (Elementary Edn. 3(1) Department G.O.(3T) No.147 Date: 01/08/2013 Thiruvallur Year 2044 Vijaya Year, Aadi, 16 Read
1) Letter No.23063/T4/2008, date 30/07/2008 and 12/09/2009 from the Director of Elementary Education.
ORDER The Director of Elementary Education had requested the government to issue order for appointment of the legal heir of the government employee deceased while in service, as per appointment under compassionate grounds scheme to Thiru.P.Amirthalingam as Secondary Grade Teacher Tamil Nadu Education Allied Services with effect from 26/11/1999 forenoon. The Director of Elementary Education had informed that father of temporarily appointed person Mr.S.Balasubramanian was died on 09/03/1995 when he was working as Head Master in Panchayat Union Elementary School, Chandana Devan Kadu, Vedaranyam Panchayat, he has completed probation period, his family is in very poverty stage, Thiru.Amirthalingam had submitted application for providing employment under compassionate grounds, his date of birth is 27/07/1972, he had passed secondary grade teacher training, the other legal heirs have not raised in any objection in providing government employment to him and requested to regularise his services.
2. The services of Thiru.Amirthalingam, s/o.S.Balasubramanian was died on 09/03/1995 while he was in service, is hereby regularised for appointment under compassionate grounds as Secondary Grade Teacher in Tamil Nadu School Education Allied Services with effect from 26/11/1999 and also exemption is given for recruiting him property by Teacher Recruitment Board subject to a condition that he should be having physically fitness. Since his services is regularised with predate, if any annual increment or grade pay is pending he is eligible after completion of his probation period.
3. This order is issued with the consent mentioned in Memo.10776/Q2/2013-1 date 21/05/2013 from Labour and Employment Department.
//By order of the Governor// T.Sabita Chief Secretary to Govt.
17. There is nothing on record to indicate that G.O.Ms.No.1119, Labour and Employment Exchange, dated 20.05.1981, was taken note of at http://www.judis.nic.in the time of appointment of Mr.D.Amirthalingam. Therefore, reliance on 249 Mr.D.Amirthalingam's case, is rejected. Respondent is found eligible to the post of Junior Assistant. Writ petition has been filed in the year 2012. Seven years have been gone. Even in the instant case, from the reading of the counter affidavit and order impugned before us, it is clear that writ court was not appraised of G.O.Ms.No.1119, Labour and Employment Exchange, dated 20.05.1981.
18. For the reasosn stated, order of the writ court is set aside. Writ appeal is allowed. Appellants are directed to consider the case of the respondent for compassionate appointment to the post of Junior Assistant in any place at Tiruvarur District, within a period of eight weeks from the date of receipt of a copy of this order.
(S.M.K., J.) (S.P., J.)
23.01.2019
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Internet : Yes
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http://www.judis.nic.in
250
S.MANIKUMAR,J.
and
SUBRAMONIUM PRASAD, J.
dm
W.A.No.955 of 2018
and
C.M.P.No.8144 of 2018
23.01.2019
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