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Compassionate appointment in bsnl, bhubaneswar

(Querist) 24 February 2018 This query is : Resolved 
My father is working under BSNL, Bhubaneswar. Now my father is suffering form Stomach Cancer and his condition is not good and we are decide to take Voluntary retirement scheme from service and his job for more 4 years. In this this condition can i profited with the Compassionate appointment Is in some rule or not. Please guided me for more clarification in future.
Sudhir Kumar, Advocate (Expert) 24 February 2018
compassionate appointment is never given to voluntary retirement case.
Guest (Expert) 24 February 2018
Seek invalid retirement on medical grounds, instead of voluntary retirement. That may help you seeking compassionate appointment.

Sudhir Kumar, Advocate (Expert) 24 February 2018
Views of Mr Dhingra are more near to problem and he has suggested a better solution.

But getting compassionate appointment and that too as per your qualification is never guaranteed.
kavksatyanarayana (Expert) 24 February 2018
When goverment employee (BSNL) retires on voluntary basis, his/her dependents are not eligible for compassionate appointment. on medical gronds, at the time of submitting application for such appointment shold have five years of service for retirement on superannuation. as your father has only 4 years of service, hence not eligible for compassionate appointment even on Medical grounds.
Sudhir Kumar, Advocate (Expert) 25 February 2018
For seeking voluntary retirement the remaining service is irrelevant. One can seek VR even before 1 month of superannuation. The only thing is that the persons should have qualified 20 years of paid regular and pensionable service.

Remaining part of the above advise is agreed.
P. Venu (Expert) 25 February 2018
Compassionate appointment could be considered if your father allowed to retire on invalid pension in terms of Rule 38 of the CCS(Pension) Rules, that too only if he has not attained the age of 55 Years. Rule 38 is reproduced below:

38. Invalid pension

(1) Invalid pension may be granted if a Government servant retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service.

(2) A Government servant applying for an invalid pension shall submit a medical certificate of incapacity from the following medical authority, namely :-

(a) a Medical Board in the case of a Gazetted Government servant and of a non-gazetted Government servant whose pay, as defined in Rule 9 (21) of the Fundamental Rules, exceeds 3[Two thousand and two hundred rupees] per mensem ;
(b) Civil Surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases.
NOTE 1. - No medical certificate of incapacity for service may be granted unless the applicant produces a letter to show that the Head of his Office or Department is aware of the intention of the applicant to appear before the medical authority. The medical authority shall also be supplied by the Head of the Office or Department in which the applicant is employed with a statement of what appears from official records to be the age of the applicant. If a service book is being maintained for the applicant, the age recorded therein should be reported.

NOTE 2. - A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.

(3) The form of the Medical Certificate to be granted by the medical authority specified in sub-rule (2) shall be as in Form 23.

(4) Where the medical authority referred to in sub-rule (2) has declared a Government servant fit for further service of less laborious character than that which he had been doing, he should, provided he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension.
Sudhir Kumar, Advocate (Expert) 25 February 2018
Seems so far you have not contacted establishment branch of his office.
Dr J C Vashista (Expert) 25 February 2018
Well advised by experts, I fully agree.


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