State of Haryana - Act
Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019
HARYANA
India
India
Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019
Rule HARYANA-CIVIL-SERVICES-COMPASSIONATE-FINANCIAL-ASSISTANCE-OR-APPOINTMENT-RULES-2019 of 2019
- Published on 2 August 2019
- Commenced on 2 August 2019
- [This is the version of this document from 2 August 2019.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short Title and Commencement.
2. Object of rules.
- The object of these rules is to grant compassionate financial assistance or appointment to the family of Government employee who dies or disappears while in service, consequently to relieve the family of Government employee concerned from financial distress3. Extent of application.
- Save as otherwise provided, these rules shall be applicable to the eligible family member(s) of a Government employee working on regular basis and All India Service Officers who disappears or dies while in service including death by suicide.Note 1. - The family of deceased Government employee who died before the date of notification of these rules but have not been sanctioned the compassionate financial assistance by the competent authority due to one reason or the other, they may exercise an option within a period of six months from the date of notification either to avail the benefit under the Haryana Compassionate Assistance to the Departments of Deceased Government Employees Rules, 2006 or these rules. Option once exercised shall be final.Note 2. - Where there is any training compulsory for a person selected by the Haryana Public Service Commission or Haryana Staff Selection Commission or any approved agency before his appointment to a post on regular basis, these rules shall also be applicable during the period of training.Note 3. - The eligible family members of All India Service Officers may exercise an option either to avail the benefit under these rules or under the rules or policy of Government of India applicable to All India Service Officers at the time of death or disappearance while in service.Note 4. - The Speaker of the Legislative Assembly has agreed under clause (3) of article 187 of the Constitution of India that until a law is made by the Legislature of the State under clause (2) of article 187 of the Constitution or rules are framed by the Governor in consultation with the Speaker of the Legislative Assembly under clause (3) of article 187 of the Constitution of India, these rules and amendments thereof, if any, after prior consent of the Speaker, shall apply to the Secretarial staff of the Haryana Legislative Assembly.Note 5. - The Chairman, Haryana Public Service Commission, has agreed to the application of these rules as amended from time to time, in the case of officers and employees of the Haryana Public Service Commission.4. Eligibility of Family Members for compassionate appointment.
5. Definitions.
6. Duration of compassionate financial assistance.
- The compassionate financial assistance shall be admissible to such eligible family member from the next day of the death of the Government employee for the following period or upto the date of superannuation of such Government employee, whichever is earlier. In case of death -| 1. | before attaining the age of thirty-five years | for a period of fifteen years subject to eligibility. |
| 2. | on attaining the age of thirtyfive years butbefore fortyeight years | for a period of twelve years or upto the date of attaining theage of superannuation or sixty years, whichever is earlier,subject to eligibility. |
| 3. | on attaining the age of fortyeight years orabove | for a period of seven years or upto the date of attaining the ageof superannuation or sixty years, whichever is earlier, subjectto eligibility. |
7. Compassionate Appointment on Group C or D post.
8. Procedure for compassionate appointment.
9. Competent authority for Compassionate Appointment.
10. Determination/ availability of posts.
11. Exemption.
- Appointment under these rules are exempted from observance of the following requirements: -12. Undertaking by way of an affidavit.
- A person appointed under these rules shall give an undertaking in writing by way of an affidavit as in Form CFA-5 that he shall maintain all the other members who were completely dependent on the deceased/missing Government employee; and in case it is proved subsequently, that the family members are being neglected or, are not being maintained by him, his appointment may be terminated forth with. A condition to this effect, shall also be inserted in his appointment letter.13. No entertainment or request for change in post/ department.
14. Seniority.
15. General.
16. Ex-gratia Grant.
- In addition to monthly compassionate financial assistance or appointment, a lump sum exgratia grant of Rs. 1,00,000/- (Rupees One lakh only) or as specified from time to time shall be provided to the eligible family member(s) to meet the immediate needs on the loss of the bread earner within the fifteen days from the date of death. The concerned Head of Department shall be the competent authority for sanction of this grant under the relevant head as mentioned in Schedule to these rules. "2235 Social Security and Welfare -60 Other Social Security and Welfare programmes-200 Other Programmes-(X) Ex-gratia grant to the heir of Government employees-79-Ex-gratia."17. Waiving of recovery of loans and advances of Group C or D employee.
18. Children Education Allowance and reimbursement of tuition fee.
19. Fixed Medical Allowance.
- The family of deceased Government employee shall, during the tenure of Compassionate Financial Assistance, be entitled to avail the benefit of fixed medical allowance or reimbursement of medical expenses at the rate prescribed from time to time on the same terms and conditions as prescribed by Haryana Government for their employees in service.20. Special benefit to the family of martyred Government employee.
- An eligible family member of a martyred Government employee shall, in addition to financial assistance under these rules, also be eligible for appointment to a post of Group C or D feeder post, depending upon the availability of the post and qualification of the applicant. He shall make an application for compassionate appointment within a period of six months in Form CFA-3, to the Head of the Department where the Martyred was working:Provided that where the children have become orphans upon the demise of the Martyred, the claim of appointment of such orphans shall remain alive till one child of the martyred has attained majority/minimum eligible age for entry into Government service.Note. - To allow the benefit of compassionate appointment to the eligible family member, the provisions of minimum service or maximum age of the martyred Government employee shall not be applicable.21. Emoluments of compassionate financial assistance.
- (A) Emoluments for the purpose of determination of compassionate financial assistance under various circumstances shall be as under :-22. Eligibility of compassionate financial assistance in addition to pension or family pension or dual assistance at a time.
23. Regulation of compassionate financial assistance in case of criminal proceedings.
24. Compassionate financial assistance to next eligible member in the event of death of widow/ widower.
- Where during the currency of the sanctioned compassionate financial assistance the widow/widower becomes ineligible for compassionate financial assistance due to death or otherwise, it shall be payable to the next eligible family member for the remaining period for which necessary documents alongwith a request in the prescribed form for the grant of compassionate financial assistance shall be submitted by the eligible family member to the competent authority. On receipt of request from the eligible family member, the competent authority shall, after examination, sanction the payment of compassionate financial assistance to the eligible family member. Such member shall also be entitled to receive the arrear of compassionate financial assistance, if any, without production of succession certificate. When no next family member is eligible for compassionate financial assistance, the payment shall cease, however, the payment of arrear of compassionate financial assistance, if any, shall be made on the production of succession certificate.25. Compassionate financial assistance to judicially separated spouse.
26. Compassionate financial assistance to widows more than one in equal shares.
- Where a deceased Government employee is survived by more than one widow, where personal law permits, the compassionate financial assistance shall be payable to the widows in equal shares upto the date of prescribed period or ineligibility, whichever is earlier. When one of them becomes ineligible for compassionate financial assistance, her share of the compassionate financial assistance shall become payable to her eligible child, if any :Provided that if any child of such widow is not eligible for compassionate financial assistance, the share of the compassionate financial assistance shall not lapse but shall be payable to the other widow(s) in equal shares.Note. -The provision of this rule shall not be applicable to Hindu Government employee because any second marriage after the commencement of Marriage Laws (Amendment) Act, 1976 during the lifetime of his first wife is a nullity and have no legal effect. Such second marriage cannot be valid on the ground of any custom. In fact, a custom opposed to an expressed provision of law have no legal effect. So, the second wife shall not be entitled to the compassionate financial assistance as a legally wedded wife.27. Compassionate financial assistance in equal shares to widow and child from another wife.
- Where a deceased Government employee is survived by a widow but has left behind eligible child(ren) from another wife, who is not alive, the eligible child(ren) shall be paid the share of compassionate financial assistance which the mother would have received, if she had been alive at the time of the death of the Government employee:Provided that when the share of compassionate financial assistance payable to such a child or to a widow ceases to be payable, such share shall not lapse, but shall be payable to the other widow and/or to the other child or children otherwise eligible, in equal shares.28. Compassionate financial assistance in equal shares to widow and child from a divorced wife.
- Where the deceased Government employee is survived by a widow but has left behind eligible child(ren) from a divorced wife or wives, compassionate financial assistance shall be payable in equal shares:Provided that when the share(s) of compassionate financial assistance payable to a child(ren) of divorced wife or to widow ceases to be payable, such share, shall not lapse, but shall be payable to the other widow or widows and/or to the other child(ren) otherwise eligible, in equal shares, and thereafter to the next eligible family member.29. Compassionate financial assistance to the child of marriage, invalided under Marriage Law (Amendment) Act, 1976.
30. Compassionate financial assistance to twin children.
- Where the compassionate financial assistance is payable to twin children it shall be paid to such children in equal shares:Provided that when one such child ceases to be eligible his/her share shall be transferred to the other child and when both of them cease to be eligible the compassionate financial assistance shall be payable to the next eligible single child or twin children, as the case may be.31. Compassionate financial assistance to minor child through natural or de-facto guardian.
- In the event of remarriage or death of the widow/widower, if the compassionate financial assistance is payable to the minor child under these rules, it shall be paid through their natural guardian, if any, otherwise through their de-facto guardian on production of indemnity bond till the minor attains the age of eighteen years. In disputed cases, however, payment shall be made through a legal guardian appointed by the Court of law.Note. - Specimen of indemnity bond is available at Annexure CFA-632. Compassionate financial assistance to a physically disabled child.
- Where the compassionate financial assistance in respect of a deceased Government employee is to be paid to a dependent disabled son or daughter (married or unmarried) who is suffering from any disorder or disability of mind or is physically crippled and is unable to earn a livelihood, it shall be regulated as under:-33. Compassionate financial assistance to mother or father of deceased Government employee.
- Where the compassionate financial assistance is payable to the dependent parents, in the first instance, it shall be payable to the mother and on her becoming ineligible it shall be payable to the father up to the date of death, ineligibility or prescribed period, whichever is the earliest. Where dependent parents are living separately, the compassionate financial assistance shall be paid to them in equal share.34. Compassionate financial assistance to the family of a missing Government employee.
35. No recovery of Government dues from compassionate financial assistance.
- No recovery of Government dues in respect of deceased Government employee shall be made from the compassionate financial assistance.Note. - For recovery of Government dues, Licence fee etc. See Chapter 3 and 9 of Haryana Civil Services (Pension) Rules, 2016.36. Steps to be taken by the Head of office in case of death of a Government employee.
37. Competent authority for sanction of compassionate financial assistance.
- Head of Department shall be the competent authority to sanction the compassionate financial assistance for the family of deceased Government employee of any group. However, in case of Head of office the next higher authority shall be competent for the purpose.38. Procedure for payment of compassionate financial assistance.
- After the sanction of compassionate financial assistance by the competent authority, monthly payment shall be made by the Head of Office where the deceased Government employee was posted at the time of death or by the office of any other Head of Office of the same Department anywhere in Haryana opted by the eligible family member, subject to production of necessary documents required from time to time from the family of deceased Government employee. The expenditure shall be charged to the Object Code - "79-Exgratia" under the functional major head of the concerned department.39. Furnishing of necessary documents.
40. Furnishing the size of family on joining and from time to time.
41. Lapses and forfeiture of compassionate financial assistance.
- Unless the Government by general or special order otherwise directs, compassionate financial assistance undrawn/unclaimed for a period over one year shall cease to be payable by the disbursing officer. If the claimant afterwards appears or a claim is presented on his behalf, the Head of Department shall revalidate the claim along with arrears of compassionate financial assistance after satisfying himself about the circumstances of the lapse. Claims submitted after a lapse of three years shall be considered by the Administrative Department in consultation with General Administration Department.42. Power to interpret, amend, relax and removal of doubt.
- The power to interpret, change, amend, and relax and removal of doubt of these rules shall lie with the Government.Note 1. - Communications regarding the interpretation and alteration of these rules should be addressed to the General Administration Department through the Administrative Department concerned.Note 2. - Where the Government in the General Administration Department is satisfied that the operation of any of these rules regulating the conditions of service of Government employees, causes undue hardship in any particular case, it may by order dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.43. Repeal and Savings.
| Form CFA-1(see rule 5 and 36) | |||||||
| Application for Compassionate FinancialAssistance | |||||||
| 1 | Name : | ||||||
| 2 | Date of Birth : | ||||||
| 3 | Date of joining on regular basis of deceasedemployee/disappeared Government employee: | ||||||
| 4 | Date of death/disappearance alongwith copy ofdeath certificate or First Information Report (FIR) | ||||||
| 5 | Designation/Post last held : | ||||||
| 6 | Last drawn Basic Pay : | ||||||
| Full information of Family Member eligiblefor compassionate financial assistance : | |||||||
| Paste passport size attested photo of familymember eligible for compassionate financial assistance | |||||||
| 7 | Name : | ||||||
| 8 | Permanent Address : | ||||||
| 9 | Corresponding Address : | ||||||
| 10 | Relation with the deceased/disappearedGovernment employee : | ||||||
| 11 | Branch of concerned Department at Tehsil orDistrict Level selected for payment of compassionate financialassistance. | ||||||
| 12 | Name of the BankBank Account No.IFSC CodeBranch Address | ||||||
| 13 | Detailed information regarding dependents ofdeceased/disappeared Government employee | ||||||
| {| | |||||||
| Serial Number | Name | Relation | Date of Birth | Proof of Date of Birth | Monthly Income from any source | Married/ Unmarried | Aadhar No. |
| 1. | |||||||
| 2. | |||||||
| 3. | |||||||
| 4. | |||||||
| 5. |
| Place | |
| Date | Signature of the Head Office |
| 1. | Name of the deceased/missing Governmentemployee: | |||||
| 2. | Date of birth of deceased/missing Governmentemployee: | |||||
| 3. | Date of joining of deceased/missing Governmentemployee: | |||||
| 4. | Date of death of deceased Government employee(with proof): | |||||
| 5. | Date of missing employee (with proof): | |||||
| 6. | Information of the applicant : | |||||
| (a) | Name : | |||||
| (b) | Address : | |||||
| (c) | Relation with the deceased/missing Governmentemployee: | |||||
| (d) | Whether fully dependent on the deceased/ missingGovernment employee? If yes, proof thereof: | |||||
| (e) | Source of income: | |||||
| (f) | Whether employed or unemployed ? | |||||
| (g) | If employed in any Department or Organizationunder any State Government or Government of India, name of theoffice and Basic Pay. | |||||
| (h) | Whether suffering from any chronic disease orphysically handicapped ? | |||||
| 7. | Information about the dependents of thedeceased/missing Government employee: - | |||||
| Name | Age | Full address (if in service name of office) | Income/ Details of Government/ private service | Monthly Income | Details of movable/ immovable property andmonthly income thereof | Any other information |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| (a) | Widow/Husband | |||||
| (b) | Son (unmarried) | |||||
| (c) | Unmarried daughters | |||||
| (d) | Mother/Father dependent on the deceased/missingGovernment employee. | |||||
| 8. | General Financial position of the family (thisinformation is to be given in affidavit proforma.). | |||||
| 9. | Member of the deceased/missing Governmentemployee's family who opts for Government service. Hiseducational qualifications and other information. | |||||
| 10. | Any another related information, if any. | |||||
| 11. | If the job is given under the scheme, anaffidavit is to be enclosed by other family members that theyshall not claim further appointment under this scheme. |
| Place :______________ | Signature of the applicant and address. |
| Date : ______________ |
| 1. | Name of Martyred : | ||||
| 2. | Department : | ||||
| 3. | Date of Martyr in certificate | ||||
| 4. | Full information of applicant | ||||
| (i) Name | |||||
| (ii) Full Address | |||||
| (iii) Relation with Martyred | |||||
| 5. | Information of family of Martyred | ||||
| {| | |||||
| Name | Age | Relation | Moveable/ Immovable Property | Income | Any other Information |
| Date:________________ | Signature of Applicant__________________ |
| Name of the Government employee | ||||||
| Designation | ||||||
| Date of birth | ||||||
| Date of appointment on regular basis | ||||||
| Details of the members of my family as on | ||||||
| {| | ||||||
| Serial Number | Name of the member of family | Date of birth | Relationship with the Government employee | Monthly income, if any | Aadhar No | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 1. | ||||||
| 2. | ||||||
| 3. | ||||||
| 4. | ||||||
| 5. | ||||||
| 6. | ||||||
| 7. |
| Place: __________________ | Signature of Government employee |
| Dated : _________________ |
| Place: __________________ | Deponent |
| Dated : _________________ |
| Place: __________________ | Deponent |
| Dated : _________________ |