HARYANA CIVIL SERVICES (COMPASSIONATE FINANCIAL
ASSISTANCE OR APPOINTMENT) RULES, 2019 In exercise of the powers conferred by the proviso to
article 309 of the Constitution of India, the Governor of Haryana hereby makes
the following rules to grant the compassionate financial assistance or
compassionate appointment to the dependent family member of a Government
employee who dies or disappears while in service, namely:- (1)
These rules may be called the Haryana Civil
Services (Compassionate Financial Assistance or Appointment) Rules, 2019. (2)
These rules shall come into force with effect
from 1st August, 2019. 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 distress 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. (1)
The family member shall be eligible for
consideration of compassionate appointment under these rules subject to the
condition that the deceased or missing Government employee should,-- (i)
have completed five years service on regular
basis; (ii)
have not attained the age of fifty-two years
or more upto the date of death or missing; and (iii)
not be suspected to have committed fraud or
joined any terrorist organisation or gone abroad. Explanation.-- Five years service includes the
period of all kinds of leave sanctioned by the competent authority and availed
by the deceased or missing Government employee while working on regular basis. (2)
Compassionate appointment would not be a
matter of right and it will be subject to fulfillment of all the conditions,
including the availability of vacancy, as laid down for such appointment under
these rules. (1)
In these rules, unless the context otherwise
requires,-- (a)
"compassionate financial
assistance" means a monthly assistance at the rate specified by Government
by notification from time to time, which is admissible under these rules to the
eligible family member(s) of a Government employee who dies or disappears while
in service subject to future good conduct; (b)
"compassionate appointment" means
appointment of an eligible family member of deceased or a missing Government
employee to the post of, Group C or D, lower than the functional pay level of
the post held by the deceased or missing Government employee, at the time of
death or disappearance while in service; (c)
"deceased Government employee"
means a Government employee who while working on regular basis dies while in
service; (d)
"dependent" means a family member
whose total income from all sources is less than the sum of minimum family
pension plus dearness relief thereon as specified from time to time by
Government. Note.- Parents shall be deemed to be dependent on the
Government employee if their combined income is less than the minimum family
pension, specified from time to time, plus the dearness relief admissible
thereon. Unmarried Disabled siblings [brother(s) and sister(s)] shall be deemed
to be dependent on the Government employee if their income is less than the
minimum family pension plus dearness relief; (e)
"eligible family member" means
spouse or a dependent member of the family of deceased or missing Government
employee in order of priority seeking financial assistance or appointment on compassionate
grounds; (f)
"family for the purpose of compassionate
financial assistance" means -- (i)
(a) widow (widows wherever permissible under
personal law) or widower, upto the date of re-marriage or death, whichever is
earlier; (b) ???judicially
separated spouse of a deceased or missing Government employee, provided that
such separation has not been granted on the ground of adultery and the person
surviving was not held guilty of committing adultery; (c) ???childless
widow of a deceased or missing Government employee who has not remarried
provided her independent income from all other sources is less than the minimum
family pension prescribed by the State Government from time to time plus
dearness relief thereon. In all such cases, she shall be required to give a
declaration regarding her income from all other sources to the Head of Office
once in every six months; (ii)
failing (i) above, the eldest unmarried and
dependent son(s) or daughter(s) upto the age of twenty-five years; (iii)
failing (i) and (ii) above, the dependent
eldest divorced or widowed daughter(s) upto the age of twenty-five years, upto
the date of her marriage/re-marriage or till the date she starts earning
livelihood, whichever is the earliest provided she should have been widowed or
divorced before the date of expiry of eligibility of other existing family
member for compassionate financial assistance; (iv)
failing (i) to (iii) above, the dependent
eldest daughter amongst unmarried/widowed/divorced daughters of above
twenty-five years, upto the date of her marriage/re-marriage or till the date
she starts earning livelihood, whichever is earlier. In case of
widowed/divorced daughter, she should have been widowed/divorced before the
date of expiry of eligibility of other family member for compassionate
financial assistance; (v)
failing (i) to (iv) above, son and daughter
suffering from disorder or disability of mind or physically crippled or
disabled irrespective of his/her age provided they were wholly dependent upon
the Government employee when he/she was alive; (vi)
failing (i) to (v) above, parents who were
wholly dependent on the Government employee when he/she was alive provided
their present combined income is less than the minimum family pension,
prescribed from time to time, plus dearness relief thereon; (vii)
failing (i) to (vi) above, unmarried
physically disabled sibling (brother and sister) provided they were wholly
dependent upon the deceased Government employee when he/she was alive: Note 1.- For the purpose of this rule, "widow "
means legally wedded wife of deceased Government employee. Note 2.- Divorce by the Panchayat or Social Organizations
shall not constitute a legal divorce. Note 3.- Son/daughter includes children legally adopted
under the Hindu Law or personal law of the Government employee residing with
and wholly dependent upon his/her parent but does not include step children. Note 4.--It shall be the duty of person who is drawing
compassionate financial assistance (son, daughter, parents, siblings or the
guardian, as the case may be) to furnish a certificate to the disbursing
authority, twice in a year, i.e. in the month of March and September every
year, that she/he or they have not started earning his/her or their livelihood.
A similar certificate shall also be furnished by a childless widow after her
re-marriage; (g)
"Family for the purpose of compassionate
appointment" means -- (i) ???widow
or widower; Note 1.--Judicially separated wife or husband shall not
be a member of the family for the purpose of compassionate appointment without
the consent of the remaining eligible family members; (ii) ???children, including adopted children,
already not in service in any Department or Organization under any State
Government or Government of India; and (iii) ??dependent brother and sister in case of
unmarried deceased or missing Government employee only. Note 1.- Where there is more than one widow, neither the
living widow nor the children of deceased and living widow shall be included in
the family for the purpose of compassionate appointment. Note 2.- For the purpose of this rule, "widow"
means legally wedded wife of deceased Government employee. Note 3.- Divorce by the Panchayat or Social Organizations
shall not constitute a legal divorce. Note 4.- Son/daughter includes children legally adopted
under the Hindu Law or personal law of the Government employee residing with
and wholly dependent upon his/her parent but does not include step children; (h)
"Government" means the Haryana
Government in the General Administration Department; (i)
"Government employee" means a
member of the State Services of Group A, B, C or D whose,- (i) ????conditions of service are regulated by
rules made by the Governor of Haryana under the proviso to article 309 of the
Constitution of India; (ii) ???appointment is made on regular basis in
connection with the affairs of Government of Haryana; and (iii) ??pay is debited to Consolidated Fund of the
State of Haryana except when serving on foreign service or deputation but it
shall not include persons- (1)
of casual or daily-rated or part-time
employment; (2)
paid from contingencies/contingent charges; (3)
of work-charged establishment; (4)
appointed on contract or adhoc basis; and (5)
re-employed after retirement; (j)
"martyred Government employee" for
the purpose of these rules means a Police personnel or a civil employee of the
Haryana Government working on regular basis who is killed in action while
performing duties of his office displaying bravery and extraordinary courage; (k)
"missing Government employee" means
a Government employee who while working on regular basis? (a)
disappears and whose whereabouts are not
known; (b)
is reported through the Police Station to be
missing while on pilgrimage, tour, etc.; or (c)
has been kidnapped by insurgents/terrorists; (l)
"while in service" means during the
period of service but before attaining the age of superannuation. Exception.-- In case of Haryana Civil Medical
Services Doctors or any other personnel where the age of superannuation is more
than sixty years, the age of superannuation for the purpose of duration of
compassionate financial assistance admissible under these rules shall be deemed
to be sixty years. (2)
The terms not defined in these rules but
defined in Haryana Civil Services Rules, 2016 shall have the same meaning and
sense for the purpose of these rules. 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 thirty-five years but before forty-eight years for
a period of twelve years or upto the date of attaining the age of
superannuation or sixty years, whichever is earlier, subject to eligibility. 3. on
attaining the age of forty-eight years or above for
a period of seven years or upto the date of attaining the age of
superannuation or sixty years, whichever is earlier, subject to eligibility. Note.--The Family Pension under the Haryana Civil
Services (Pension) Rules, 2016, where applicable, shall be admissible to the
family of deceased or missing Government employee, from the next date after the
completion of tenure of compassionate financial assistance. (1)
In case of death or disappearance of the
Government employee while in service, before attaining the age of fifty-two
years subject to completion of minimum five years service on regular basis, the
eligible family member may opt for compassionate appointment, in place of
compassionate financial assistance. (a)
The compassionate appointments under these
rules shall be confined to Group C or Group D post only. (b)
Status of the deceased or missing Government
employee or the higher qualifications of the eligible family member shall not
be considered for giving compassionate appointment. (c)
The compassionate appointment being offered
shall be to a post of at least one step lower Functional Pay Level than the
functional level or Assured Career Progression (ACP) Level or any other level
higher than the Functional Level of the post last held by the deceased or
missing Government employee, except in cases where the deceased or missing
Government employee was working at the lowest level in Group D post. Explanation 1.--The functional pay level of the post last
held by the deceased or missing Government employee is FL-12 (corresponding to
Functional Grade Pay 7600), the compassionate appointment shall be made to a
post of Group C, but not lower than the post of Clerk, depends upon the
eligibility and qualification and also the availability of vacancy in the
Department. Explanation 2.--The functional pay level of the post last
held by the deceased or missing Government employee is FL-6 (corresponding to
Functional Grade Pay 4200), the compassionate appointment shall be made to a
post of Group C below the functional level of 4200, but not lower than the post
of Clerk, depends upon the eligibility and qualification of the eligible family
member and also the availability of vacancy in the Department. Explanation 3.--The functional pay level of the post last
held by the deceased or missing Government employee is FL-6 (corresponding to
Functional Grade Pay 4200) but pay was being drawn in ACP Level-11
(corresponding to ACP grade Pay 4800) the compassionate appointment shall be
made to a post of Group C below the ACP level last held, but not lower than the
post of Clerk, depends upon the eligibility and qualification of the eligible
family member and also the availability of vacancy in the Department. Explanation 4.--The deceased or missing Government
employee was holding the post of Group D and was drawing pay in the functional
pay level corresponding to Functional Grade Pay 1650, the compassionate
appointment shall be made to a post of Group D in the functional level. (a)
The family of deceased/martyred Government
employee shall submit an application for compassionate appointment in the
prescribed form within six months from the date of death of the Government
employee to the Head of Office where the deceased Government employee was on
the rolls at the time of death, for onward submission to the Head of Department
for further necessary action. (b)
In case of missing Government employee the
application in the prescribed form shall be submitted by the family after a
period of three months from the date of lodging First Information Report (FIR)
in the police station alongwith police investigation report regarding
untraceable of missing Government employee. (c)
The proforma as in CFA-2 (or CFA-3 in case of
martyred Government employee) may be used by departments for ascertaining
necessary information and processing the cases of compassionate appointment. (d)
Each Department may nominate one or more
Welfare Officer(s) who shall meet the members of the family of the deceased or
missing Government employee immediately upon the demise to advise and assist
the family in obtaining ex-gratia compassionate appointment under these rules.
The applicant shall be called in person at the very first instance and advised
about the requirements and formalities to be completed by him. (e)
The Head of the Department shall prepare a
list of such eligible family members, who have applied within the stipulated
period of six months and review the status of application once every month to
consider the cases received during the previous month. The names of the
eligible family members shall be arranged with reference to the date of death
or date of receipt of Police investigation report regarding untraceable of
missing Government employee. These names shall remain on the list for a period
of four year from the date of death and appointments shall be given by the
department strictly in accordance with these rules and the seniority so
maintained. An application for appointment is to be considered in the light of
these rules. The applicant may also be granted personal hearing by the
concerned Head of the Department, if necessary, for better appreciation of the
facts of the case. (f)
The validity of the names of the eligible
family members on the list shall lapse after four years from the date of death
or receipt of Police report, as the case may be. Explanation.-- For the purpose of counting the
period of four years, any delay caused on account of negligence of an
officer/official of the Government can be excluded, provided the delay so
caused was on account of such negligence and not on account of normal
processing of the case. (g)
Where the compassionate appointment is not
given to the eligible family member due to non-availability of post within a
period of one year, in such case the benefit of compassionate financial
assistance shall be sanctioned by the Head of Department with retrospective
effect to the eligible family member provided that? (i)
a certificate shall be obtained from the
concerned Treasury Officer regarding withholding of Family Pension for future,
if the same has already been sanctioned; (ii)
Family Pension Payment Order (FPPO), in
original, shall be received back from the Treasury Officer concerned and sent
to the Principal Accountant General, Haryana, alongwith complete information in
this regard; (iii)
the amount of Family Pension already drawn, if
any, shall be recovered from the amount of arrear of compassionate financial
assistance; and (iv)
this process shall be completed within a
period of ninety days. After the completion of tenure of Compassionate Financial
Assistance, the proposal with the Forms of Family Pension duly filled by the
eligible family member would be sent to the Principal Accountant General,
Haryana by the Head of Department concerned to resanction the Family Pension
afresh to the family member who is eligible at that time. (1)
The Head of the department, where the
deceased or missing Government employee was in service, is competent to give
compassionate appointment to the eligible family member. (2)
While considering the request of the family
of missing Government employee, the results of the Police investigation after a
lapse of minimum six months from the date of lodging an First Information
Report (FIR) by the family shall be taken into account. (a)
Compassionate appointments under these rules
shall be made on regular basis only by the competent authority in the parent
department of the deceased or missing Government employee or any other
department where the post for which the applicant is eligible under these rules
and is available meant for that purpose. (b)
Compassionate appointments under these rules
shall be made up to maximum of 5% of sanctioned posts (falling under direct
recruitment quota) in Group C category to be determined by the Head of the
Department on the 31st March of each year. However, for compassionate
appointment against the post of Group D category there shall be no such
percentage of sanctioned post. The appointing authority may hold back upto 5%
of posts of Group C posts to be filled by direct recruitment through Haryana
Staff Selection Commission or otherwise, so as to fill such posts by
appointment on compassionate grounds. (c)
A person selected for compassionate
appointment shall be adjusted in the recruitment roster against the appropriate
category viz. Scheduled Caste/Scheduled Tribes/Backward Classes/General
dependent upon the category to which he belongs. Appointment under these rules are exempted from
observance of the following requirements:-- (a)
recruitment without the agency of the Haryana
Staff Selection Commission or the Employment Exchange. (b)
ban on filling up of posts by direct
recruitment issued by the Finance Department, if any, from time to time. 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. (a)
Once an appointment has been offered to the
dependent of a deceased or missing Government employee, no request for change
of post shall be entertained with respect to any other post or department under
any circumstances. In case the offer is not acceptable to him, no further claim
shall be entertained. (b)
When a person has been appointed under these
rules to a particular post, the set of circumstances, which led to such
compassionate appointment, shall be deemed to have ceased to exist on such
appointment. Therefore-- (i) ???he/she
should strive his/her career like his/her colleagues for future advancement and
any request for appointment to any higher post on considerations of
compassionate to be rejected; (ii) ???any appointment made under these rules shall
not be ??transferred to any other person
and any request for the same on considerations of compassion shall be rejected. (a)
The inter-se seniority of persons so
appointed may be fixed in their respective cadre with reference to their date
of appointment. Their interpolation with the direct recruits/promotees may also
be made with reference to their dates of appointment without disturbing the
inter-se seniority of direct recruits. (b)
Date of joining by a person so appointed
shall be treated as the date of his regular appointment. (a)
Compassionate appointments made under these
rules shall be done in such a way that persons appointed to the posts have the
essential educational/technical qualifications, age and experience required for
the post consistent with the requirement of maintenance of efficiency of
administration. (b)
Compassionate appointment shall not be denied
or delayed merely on the ground that there is reorganization in the
department/office. It shall be made available to the person concerned, if there
is a vacancy meant for such appointment and he is found eligible and suitable
for such appointment. (c)
Compassionate appointment under these rules
shall have precedence over absorption of surplus employees and regularization
of daily wage/casual workers with/without temporary status. (d)
The eligible family member of the deceased
employee shall be required to apply for appointment within six months of the
death of the employee. The claim of the eligible family member of deceased or
missing Government employee regarding his appointment shall be considered on
the basis of circumstances prevailing on the date of death or disappearance of
Government employee, as the case may be. It shall be ensured that the dependent
who is offered regular employment satisfies the eligibility criteria at the
time of offering employment. (e)
Where the children have become orphans upon
the demise of the Government employee, the claim of compassionate appointment
of such orphans shall remain alive till one child of the deceased has attained
the age of majority/minimum age for entry into Government service. (f)
Family Pension shall also be admissible to
the family of those deceased or missing Government employees who entered in
service on regular basis before the 1st January, 2006, in addition to
compassionate appointment under these rules, as per provision in Haryana Civil
Services (Pension) Rules, 2016. 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." (a)
The outstanding amount of loans and advances
alongwith interest, if any, namely marriage advance, cycle advance, wheat
advance, festival advance availed by a deceased or missing Government employee
of Group C or D only shall be waived off for which Head of Department concerned
shall be the competent authority. (b)
The house building advance and Computer
Advance alongwith interest availed if any by a deceased or missing Government
employee of Group C or D shall be waived off provided not more than one
surviving member of the family of deceased or missing Government is/was
employed. The second house building advance or interest thereon, availed if
any, shall not be waived off under any circumstances. (c)
The outstanding amount of scooter or motor
cycle advance alongwith interest, availed if any, by a deceased or missing
Government employee of Group C or D shall be waived off where the death occurs
due to accident only and not in other cases. (d)
The expenditure shall be charged to the
Object Code - "31-Write off Loans/Losses" under the functional major
head of the concerned department- 800 -Other expenditure - A - Irrecoverable
loan written off. (1)
The family of deceased or missing Government
employee shall be entitled to children education allowance for first two
children upto 10+2 or till such time the deceased Government employee would
have actually received the same had he been alive, whichever is earlier,
provided the spouse of deceased Government employee is not employed in any
Department or Organization under the control of any State Government or
Government of India. Thereafter fee on account of tuition fee and laboratory
fee equal to the fee of Government Institutions or actually paid, whichever is
less, shall be reimbursed for the first two children who are studying in
Government or Government Aided or recognized College/Institutions upto the
Degree level provided the children get admission in the said course on merit
and pass the examination hold from time to time. For this purpose the family
has to submit the original fee receipt given by the College/Institution to the
Head of Department for sanction of reimbursement of the same. (2)
The expenditure shall be charged to the Object
Code - "79-Exgratia" under the functional major head of the concerned
department. 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. 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. (A)
Emoluments for the purpose of determination
of compassionate financial assistance under various circumstances shall be as
under:- (1)
In case of death while on duty, the
emoluments for the purpose of determination of compassionate financial
assistance shall be equal to last drawn basic pay including special pay in lieu
of higher time scale but excluding advance or additional increments, if any,
not merged in the basic pay. Note 1.-- No annual increment on compassionate
financial assistance shall be granted, however, the benefit of refixation of
pay, if any, admissible to the deceased or missing Government employee before
the date of death or missing, as the case may be, shall be granted. Note 2.-- On general revision of pay scales of all
the employees of Haryana Government, the benefit of fixation of pay from
unrevised to revised pay scales for the purpose of compassionate financial
assistance shall be admissible. (2)
In case of death while under suspension, the
emoluments for compassionate financial assistance shall be determined equal to
basic pay immediately drawn before the date of suspension. The increment(s)
falling during the period of suspension shall not be taken into account unless
the period of suspension is treated as duty by the competent authority. (3)
In case of death during the currency of
punishment of withholding of last increment or a series of last increments
without cumulative effect, the emoluments for compassionate financial
assistance shall be determined equal to the amount which would have been
admissible had the deceased Government employee not been awarded such
punishment. (4)
In case of death while on leave, the
emoluments for compassionate financial assistance shall be determined equal to
the amount which would have been admissible had the deceased Government
employee been on duty on the date of death. (5)
In case of death during the period of absence
related to unauthorized leave pending final decision regarding treatment of the
said period, the emoluments for compassionate financial assistance shall be
determined equal to the last emoluments drawn immediately before the date of
absence. (B)
Compensatory allowances on compassionate
financial assistance shall be as under:- (i) ???The
dearness allowance at the rate prescribed from time to time, fixed medical
allowance, if opted, children education allowance subject to eligibility, shall
be admissible; (ii) ???house rent allowance for a period of two
years at the rate drawn immediately before death or admissible at the station
from where the Compassionate Financial Assistance is being drawn, whichever is
less, or to retain Government accommodation, if already occupied, for a period
of two years on payment of normal licence fee; (iii) ??Children Education Allowance as per provision
in the rule 18 of these rules; No other allowances including non-practicing allowance,
which were being drawn by the deceased or missing Government employee, shall be
included in the emoluments for the purpose of compassionate financial
assistance. (1)
(a) where both husband and wife are employees
of a department or an Organization under Haryana Government; or (b) ???the spouse is an employee of other
Government; or (c) ???the spouse is a pensioner of Haryana or any
other Government, and both or either of them are/is governed by the
provisions of these rules, the compassionate financial assistance in respect of
deceased Government employee of Haryana shall be admissible to the eligible
family member of the deceased or missing Government employee. In the event of
death or ineligibility of surviving spouse before the completion of prescribed
period, the compassionate financial assistance shall be payable to the next
eligible family member in addition to family pension, if any, in respect of
deceased pensioner simultaneously. (2)
In the event of death of both husband and
wife, referred to sub-rule 1 (a) above, compassionate financial assistance for
both deceased Government employees shall be admissible to the eligible family
member(s). However, for determination of the total emoluments for compassionate
financial assistance (excluding compensatory allowances) in respect of both
deceased Government employees shall not exceed the maximum of the highest pay
scale of state services or as prescribed from time to time. Note.-- As on the date of notification of these
rules, the maximum of highest basic pay of the State Services is Rs.
2,24,100/-. (1)
Where a family member, who in the event of
death while in service of a Government employee, is eligible to receive
compassionate financial assistance, is charged with the offence of murdering
the Government employee or for abetting in the commission of such an offence,
the claim of such member, including other eligible member(s) of the family to
receive the compassionate financial assistance, shall remain suspended till the
conclusion of the criminal proceedings instituted against him. (2)
If on the conclusion of the criminal
proceedings referred to in sub rule (1), the family member is,- (i) ????convicted for the murder or abetting in the
murder of the Government employee, such a person shall be debarred from
receiving the compassionate financial assistance which shall be payable to next
eligible member of the family, from the next day of the death of Government
employee; (ii) ???acquitted of the charge of murder or
abetting in the murder of the Government employee, the compassionate financial
assistance, shall be payable to such person. Rule 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
along with 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. (1)
Where a deceased Government employee is
survived only by a judicially separated spouse, the compassionate financial
assistance in respect of the deceased shall be payable to the surviving spouse: Provided that where judicial separation has been granted
on the ground of adultery and the death of the Government employee takes place
during the period of such judicial separation, the compassionate financial assistance
shall not be payable to the person surviving if such person was held guilty of
committing adultery. (2)
(a) Where a Government employee dies leaving
behind a judicially separated husband or wife with a child or children, the
compassionate financial assistance in respect of deceased shall be payable to
the surviving person: Provided he or she is the guardian of such child or
children. Provided further that where the surviving person has
ceased to be the guardian of such child or children, such compassionate
financial assistance shall be payable to the person who is the actual guardian
of such child or children. Subject to the proviso to sub-rule (1), after the
child(ren) cease(s) to be eligible for compassionate financial assistance under
this rule, such compassionate financial assistance shall become payable to the
surviving judicially separated spouse of the deceased Government employee till
his or her death or remarriage, whichever is earlier. Rule 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. Rule 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. Rule 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 children 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 children otherwise eligible, in equal
shares, and thereafter to the next eligible family member. Rule 29. Compassionate
financial assistance to the child of marriage, invalided under Marriage
Law (Amendment) Act, 1976.-- (1)
Notwithstanding that a marriage which is null
and void under section 11 of the Marriage Law (Amendment) Act, 1976, but the
child of such marriage who would have been legitimate if the marriage had been
valid shall be legitimate irrespective of the fact whether or not- (a)
a decree of nullity is granted in respect of
that marriage under this Act; (b)
the marriage is held to be void otherwise
than on a petition under this Act. (2)
The right of such child is required to be
protected and shall accrue after the date of ineligibility of legally wedded
wife. The compassionate financial assistance shall be distributed equally among
the eligible child of legally wedded wife and the eligible child covered under
sub rule (1): Provided that when the share (s) of compassionate financial
assistance payable to such a child ceases, the same shall not lapse but shall
be payable to the next eligible child, if there is only one eligible child, in
full, to such child, and thereafter to the next eligible family member. 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. Rule 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-6 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:- (1)
Where a deceased Government employee is
survived by two or more children and one child among them is suffering from
disorder or disability of mind or who is physically crippled or disabled and is
unable to earn a living, the compassionate financial assistance shall be
initially payable to the one elder/eldest among physically fit children until
he/she becomes ineligible for the same. Thereafter, compassionate financial
assistance shall be paid to the next physically fit children up to the period
of eligibility. When all physically fit children become ineligible for
compassionate financial assistance, it shall be resumed in favour of the
disabled child and shall be paid to him/her through the guardian as if he/she
is a minor except in the case of the physically crippled son/daughter who has
attained the age of majority. (2)
Compassionate financial assistance shall be
payable on production of medical certificate and subject to the following
conditions:- (a)
he is incapable of earning his livelihood and
was fully dependent upon the deceased Government employee; (b)
person with impairment in functions of the
body shall be examined by the Board under the chairmanship of the Civil Surgeon
of the District. Board shall include the specialist according to the requirement.
The appellant medical board is at Post Graduate Institute of Medical Science,
Rohtak. The persons residing in Chandigarh/Panchkula shall also be examined by
the Disability Medical Board of General Hospital, Sector -16, Chandigarh and
Government Medical College and Hospital, Sector-32, Chandigarh with the
appellant Medical Board at Post Graduate Institute of Medical Education and
Research, Chandigarh; (c)
the Medical certificate issued by the Medical
Board shall be required once in the case of permanent mental or physical
disability including mental retardation. Where the disability is temporary,
Medical certificate of the medical board shall be required once in every five
years to the effect that he or she continues to suffer from disorder or
disability of mind or continues to be physically crippled or disabled; (d)
impairment of more than forty percent of any
of the following kind shall be entitled for benefits. Disabilities broadly are
of four types:- (i)
Visual; (ii)
Locomotor; (iii)
Speech and hearing; (iv)
Mental disorders. (3)
In the case of mentally retarded child(ren),
the compassionate financial assistance shall be payable to a person nominated
by the deceased Government employee. Where no such nomination has been
furnished to the Head Office by him during his life-time, it shall be payable
to the person nominated by the spouse of deceased Government employee later on. (4)
Dependent blind son/unmarried blind daughter
shall be entitled to compassionate financial assistance upto the date of
eligibility on production of medical certificate of blindness from a Medical
Board: Provided it is evidenced by the medical certificate that
the disability of blindness renders him/her incapable of earning. The
compassionate financial assistance once sanctioned for dependent blind child
shall- (a)
be discontinued from the date when a blind
son of twenty five years or more subsequently is cured and becomes capable of
earning or starts earning a living, whichever is the earlier. (b)
remain continue, when a blind daughter is
subsequently cured and becomes capable of earning until- (i)
she starts earning a living; or (ii)
gets married; whichever is earlier. (5)
In case of more than one such child suffering
from disorder or disability of mind or who are physically disabled, the
compassionate financial assistance shall be paid in the order of their birth
and the younger of them shall get the compassionate financial assistance only
after the elder next above him/her ceases to be eligible: Provided that where the compassionate financial assistance
is payable to disabled twin children it shall be paid in equal shares: Provided further 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. (6)
The compassionate financial assistance under
these rules shall be admissible to the eligible disabled child(ren) whether
born before or after death. (7)
The person or the guardian who is receiving
compassionate financial assistance shall furnish a certificate to the Drawing
and Disbursing Officer in the month of January and July every year that the
disabled child has not started earning his or her livelihood. (8)
Before sanctioning the compassionate
financial assistance for life to any such person, the competent authority shall
satisfy that the disability is of such a nature so as to prevent him from
earning his livelihood and the same should be evidenced by a certificate
obtained from a medical board setting out, as far as possible, the exact mental
or physically condition of the person. Note- Physically disabled dependent brother and sister,
where eligible, shall also be granted compassionate financial assistance
subject to medical examination as laid down in this rule for physically
disabled children. Rule 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. Rule 34. Compassionate
financial assistance to the family of a missing Government
employee.-- (1)
Except as otherwise provided in these rules,
the compassionate financial assistance to the eligible family member of a
missing Government employee shall be paid after the period of six months
reckoned from the date of registration of the First Information Report (FIR)
with the Police Authorities. The arrear of compassionate financial assistance
shall be paid from the date of missing. The indemnity bond shall also be
obtained from the family of missing Government employee. (2)
A Government employee, against whom the
departmental or judicial proceedings were instituted while in service, is
disappeared, the provision of this rule shall not be applicable. In such cases
decision shall be taken after the conclusion of proceedings pending against the
missing Government employee. (3)
A Government employee who disappears after
committing fraud or crime, the compassionate financial assistance shall be
sanctioned only on acquittal by the Court of Law or fully exoneration on
conclusion of the departmental proceedings, as the case may be. Rule 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. (1)
On receiving information of death of a
Government employee while in service, the Head of Office shall send a letter
enclosing the Form CFA-1 to the family of the deceased and ask for the
necessary documents mentioned therein. (2)
On receiving the documents referred to in
sub-rule (1) above, the Head Office shall examine thoroughly and send his
recommendations to the Head of Department for sanction of compassionate
financial assistance, if admissible. The Head of Department after thorough
examination shall issue sanction order of compassionate financial assistance to
the eligible family member in respect of deceased Government employee upto the
prescribed period or eligibility. 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. 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. (1)
The following documents are required to be
submitted by the eligible family member with the application form for the
purpose of compassionate financial assistance:- (i)
Application in form CFA-1. (ii)
Certificate of Income of child and/or parent
from all sources. (iii)
Certificate of marriage or remarriage, in
case of female member. (iv)
Medical certificate of physically disabled
child, if any. (v)
Certificate of no judicial proceedings in
respect of a criminal case are pending against him/her in any Court of law. (2)
The eligible family member in receipt of
compassionate financial assistance shall have to appear personally or furnish
life certificate and income certificate duly attested by any gazetted officer
or village Sarpanch or Municipal Councillor of the area of his residence to the
concerned Head of office once in every six months. (1)
As soon as a person joins Government service
on regular basis, he shall give details of his family in Form CFA-4 to the Head
of Office. If he has no family at the time of joining, he shall furnish the
details in Form CFA-4 as soon as he acquires a family. (2)
The Government employee shall communicate to
the Head of Office any subsequent change in the size of the family, including
the fact of marriage of female child. (3)
The Head of Office shall, on receipt of the
said Form CFA-4 get it pasted on the service book of the Government employee
concerned and acknowledge receipt of the said Form CFA-4 and all further communications
received from the Government employee in this behalf. On receipt of
communication from the Government employee regarding any change in the size of
his family, the Head of Office shall have such a change incorporated in Form
CFA-4. (4)
As and when the disability manifests itself
in a child which makes him/her unable to earn his/her living, the fact shall be
brought to the notice of the Head of Office duly supported by a medical
certificate issued by the board. The Head of Office shall indicate this in Form
CFA-4. 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. 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. (1)
The Haryana Compassionate Assistance to the
Dependents of Deceased Government Employees Rules, 2006, are hereby repealed. (2)
Notwithstanding such repeal, all things done
or action taken shall be deemed to have been done or taken under these
rules. PREAMBLE