Clarification on inclusion of persons employed through Compassionate Appointment in accordance with the DoP&PW OM dated 03.03.2023

No. SG-17/5/2024-SPG-II-DOP

Government of India

Ministry of Communications Department of Posts

(SPG-II Section)

New Delhi, the 11th October, 2024

OFFICE MEMORANDUM

Subject: Clarification on inclusion of persons employed through Compassionate Appointment in accordance with the DoP&PW OM dated 03.03.2023 - reg.

With reference to the above subject, references have been received from the Circles to clarify the applicability of the DoP&PW OM No.57/05/2021-P&PW(B) dated 03.03.2024 in respect of compassionate appointment.

2. The matter has been examined in consultation with DoP&PW and it has been decided to convey the clarification given by the DoP&PW vide OM No. 57/05/2021-P&PW(B)/9220 dated 20.09.2024 (copy enclosed).

This has the approval of competent authority.

Signed by Rajpal

Date: 11-10-2024 14:47:01

(Rajpal)

Assistant Director General (SPG)

To

1. PSO to Secretary (P)/Sr. PPS to DGPS

2. PPS/PS to Members (PSB)/Addl. DG (Co-ordination)

3. All CPMSG

4. Director, RAKNPA/ Directors, all PTCs

5. Sr.DDG (Vigilance) & CVO

6. Addl. DG, APS, Delhi

7. Secretary (PSB)/All DDGS/GMs of Postal/Parcel/PLI Directorate (through India Post website).

8. GM(CEPT), Mysore with a request to upload the order on the India Post Website.

9. PAOS concerned through India Post website.

10. Guard File

No. 57/05/2021-P&PW (B)/9220

भारत सरकार

कार्मिक, लोक शिकायत तथा पेंशन मंत्रालय पेंशन और पेंशनभोगी कल्याण विभाग

स.म.नि. (एस.सी.जी.)

ADG (SPG)

31../Dy. No. 269

दिनांक / Date..

तीसरी मंजिल, लोकनायक भवन, खान मार्केट, नई दिल्ली, दिनांक 20.09.2024

कार्यालय ज्ञापन

Subject: Clarification on inclusion of Government employees in accordance with DoPPW OM dated 03.03.2023 -reg.

Undersigned is directed to refer to Department of Posts' OM No. SG-17/05/2024-SPG- II-DOP dated 27.08.2024 on the subject mentioned above and to say that the National Pension System (NPS) was introduced for Central Government employees w.e.f. 01.01.2004 vide Ministry of Finance (Department of Economic Affairs) Notification No. 5/7/2003-ECB & PR dated 22.12.2003 for all new recruits to the Central Government service (except armed forces) on or after 01.01.2004. However, instructions were issued vide OM No. 57/05/2021- P&PW(B) dated 03.03.2023 giving one time option to the Central Government civil employee who has been appointed against a post or vacancy which was advertised/ notified for recruitment/ appointment prior to notification for National Pension System i.e. 22.12.2003. As per Para 7 of this OM, it is for the appointing authority of the post against which such option has been exercised to examine and decide applicability of these instructions.

2.

The applicability of OM dated 03.03.2023 is to be decided on the basis of date of notification / advertisement of posts / vacancy against which employee has applied and was recruited/ appointed in the Government service. The date of vacancy is not relevant to decide applicability of these instructions. It is for the recruiting body or the appointing authority of the post to decide the date of notification / advertisement of the post or vacancy against which employee was appointed and accordingly, decide applicability of the OM dated 03.03.2023.

3.The instructions issued vide OM dated 03.03.2023 are not applicable in the cases where conditions of the OM are not fulfilled i.e. where there is no notification/ advertisement of the post/vacancy against which employee has applied and was appointed in the service. It is to be mentioned that compassionate appointment does not fall under the category of advertisement/ notification as DOPT OM dated 09.10.1998 regarding scheme for compassionate appointment, provides exemption to compassionate appointments from the observance of recruitment procedure i.e. without the agency of Staff Selection Commission or the Employment Exchange.

Shri Rajpal,

Under Secretary (SPG), Department of Posts,

Dak Bhawan, Sansad Marg, New Delhi-110001.

D 7/10/2024 •AD(SPG-IT)

Dekrabil

(सिद्धेश्वर चक्रवर्ती)

अवर सचिव, भारत सरकार

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