1.

R.7 Compassionate Appointment on Group C or D post

(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

R.8 Procedure for compassionate appointment

(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 Depart

R.9 Competent authority for Compassionate Appointment

(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.

R.10 Determination/ availability of posts

(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 se

R.11 Exemption

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.

R.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.

R.13 No entertainment or request for change in post/ department

(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.

R.14 Seniority

(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.

R.15 General

(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 th

R.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."

R.17 Waiving of recovery of loans and advances of Group C or D employee

(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

R.18 Children Education Allowance and reimbursement of tuition fee

(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 san

R.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.

R.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.

R.21 Emoluments of compassionate financial assistance

(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 sha

R.22 Eligibility of compassionate financial assistance in addition to pension or family pension or dual assistance at a time

(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

R.23 Regulation of compassionate financial assistance in case of criminal proceedings

(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

R.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

R.25 Compassionate financial assistance to judicially separated spouse

(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 su

R.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 mar

R.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.

R.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.

R.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 el

R.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.

R.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

R.32 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:-

(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 favou

R.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.

R.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

R.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.

R.36 Steps to be taken by the Head of office in case of death of a Government employee

(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.

R.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.

R.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.

R.39 Furnishing of necessary documents

(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 m

R.40 Furnishing the size of family on joining and from time to time

(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 itsel

R.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.

R.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.

R.43 Repeal and Savings

(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.

Form.1 .

Application form for compassionate appointment

Application for appointment under rule 20 for one of the dependent family member of Martyred Government employee.

Details of Family for Compassionate Financial Assistance or Appointment

Affidavit regarding Declaration

I, _______________________________________ w/o, h/o, s/o, d/o _________________________ ________________________________ resident ______________________________________________________ of _______________________________________________________ , do hereby solemnly affirm and declare as under: -

(1) I shall maintain properly the other family members who were dependent on the deceased/missing Government employee mentioned in the form enclosed herewith and in case it is proved at any time that the said family members are being neglected or not being properly maintained by me, my appointment may be terminated.

(2) That the facts given by me above are, to the best of my knowledge, correct. If any of the facts herein mentioned are found to be incorrect or false at a future date, my services may be terminated.

Place: ___

Form.6 Indemnity Bond

(see rule 31)

(To be furnished by the de facto guardian of minor eligible family member of deceased or missing Government employee)

Know all men by these presents that we (a).............................................................................................................. (b).......................................................................................................................................the widow/son/brother, etc., of (c)...................................................................................................deceased/missing Government employee, resident of ..........................................................................................................................................................................................of .................................................................. and .................................................................. son