ABSTRACT

Rules – Tamil Nadu Civil Services (Appointment on Compassionate Grounds)

Rules, 2023 – Notified.
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LABOUR WELFARE AND SKILL DEVELOPMENT (Q1) DEPARTMENT

G.O.(Ms.) No.33 Dated: 08.03.2023

சுபகிருது வருடம், மாசி 24
திருவள்ளுவர் ஆண்டு-2054

Read:

G.O. (Ms) No.18. Labour and Employment Department,

dated 23.01.2020.
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ORDER:

In the Government Order read above, the Government have examined the
whole issue of compassionate ground appointment in detail and issued
comprehensive guidelines.
2. Based on the 110 Announcement of Hon’ble Chief Minister of Tamil Nadu
on the floor of the Tamil Nadu Legislative Assembly on 07.09.2021, the Government
after careful examination, decided to issue the rules viz., Tamil Nadu Civil
Services (Appointment on Compassionate Grounds) Rules, 2023, to provide
compassionate ground appointment to the legal heirs of the deceased / medically
invalidated Government servants.
3. Accordingly, the appended notification will be published in the Tamil Nadu
Government Gazette Extraordinary.
4. The Director, Tamil Development and Information (Translation)
Department, Secretariat, Chennai–600 009 is requested to send the Tamil
translation of the Notification to the Works Manager, Government Central Press,
Chennai–600 079 for publication in the Tamil Nadu Government Gazette.
5. The Works Manager, Government Central Press, Chennai–600 079 is
requested to send 1,000 copies of the Notification to the Labour Welfare and Skill
Development Department, Secretariat, Chennai–600 009.
(BY ORDER OF THE GOVERNOR)

Md. NASIMUDDIN,
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT.
To
The Works Manager, Government Central Press, Chennai–600 079. (2 copies)
(for publication of the notification in the Tamil Nadu Government Gazette
Extraordinary)
[P.T.O.]
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APPENDIX.

NOTIFICATION.
In exercise of the powers conferred by the proviso to Article 309 of the
Constitution of India, the Governor of Tamil Nadu hereby makes the following rules,
namely:-

1. Short title.— These rules may be called the Tamil Nadu Civil Services
(Appointment on Compassionate Grounds) Rules, 2023.

2. Definitions.— (1) In these rules, unless the context otherwise requires,—

(a) “district” means a Revenue district;

(b) “Form” means a Form appended to these rules;

(c) “Government” means the State Government;

(d) “Government servant” means a person who has been

appointed to any service or post in connection with the affairs
of the State and includes a probationer, an approved
probationer and a full member of a service:

Provided that the following persons shall not be considered as a Government

servant for the purpose of these rules, namely:-

(i) a person who is retained in service under clause (c) of sub-rule (1) of
rule 56 of the Fundamental Rules;

(ii) a person who is on extension of service or re-employment;

(iii) a person who is appointed on casual, ad-hoc or contract basis on

consolidated pay or daily wages;

(iv) a person who is not placed under regular time scale of pay; and

(v) a person who is appointed to any post on special time scale of pay.

Explanation.— A Government servant whose services are placed at the

disposal of a company, corporation, organization, local authority, another State
Government or the Union Government shall, for the purpose of these rules,
be deemed to be a Government servant, notwithstanding that his salary is drawn
from sources other than the Consolidated Fund of the State;

(e) “Head of the Department” means the principal officer of the department
who is directly subordinate to the Government, whether or not he has been declared
to be the head of the department for the purpose of these rules;

(f) “family” means, —

(i) in the case of a deceased or medically invalidated married

Government servant, his legally wedded spouse, son, daughter
including adopted son or daughter, who were dependant on the
Government servant at the time of his death or medical invalidation;
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(ii) in the case of a deceased unmarried Government servant,

his father, mother, brother or sister;

(iii) in the case of a medically invalidated unmarried Government

servant, his brother or sister;

(iv) in the case of a deceased or medically invalidated widowed or

divorced Government servant, his son, daughter including adopted
son or daughter, who were dependant on the Government servant at
the time of his death or medical invalidation;

(v) in the case of a deceased widowed or divorced Government servant,

having no children or having minor children who could not qualify for
appointment under these rules, his father or mother:

Provided that, if the father and mother had crossed the

maximum age limit specified in sub-rule(1) of rule 6, brother or
sister of the Government servant, as may be nominated by the
father and mother;

(vi) in the case of a medically invalidated widowed or divorced

Government servant having no children or having minor children
who could not qualify for appointment under these rules, his brother
or sister as may be nominated by the father or mother.

(g) “medically invalidated” means, a Government servant ordered to be

retired from service with not less than five years of left over service, on medical
invalidation in the public interest under Fundamental Rule 56(2) read with rule 24(b)
of rules for “Leave procedure in the case of Government servants”, made under
Fundamental Rule 74 and ‘medical invalidation’ shall be construed accordingly.

(2) Words and expressions used but not defined in these rules shall have the
same meaning assigned to them in the Tamil Nadu Government Servants
(Conditions of Service) Act, 2016 (Tamil Nadu Act 14 of 2016).

3. Eligibility for appointment.— (1) The members of the family of the

following categories of Government servants are eligible for appointment on
compassionate grounds, namely:-

(a) Government servants including those who are under suspension who
died in harness;

(b) Government servants, who retired on medical invalidation, with not less
than five years of left over service; and

(c) Missing Government servants, who are declared to be dead with effect
from a date anterior to the date of their superannuation, by a competent
Court under sections 107 or 108 of the Indian Evidence Act, 1872
(Central Act I of 1872).

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(2) The following members of the family of a deceased or medically

invalidated Government servant, in the order of priority given hereunder, are eligible
for appointment on compassionate grounds, namely: —

(a) Legally wedded spouse:

Provided that where there are more than one legally wedded spouse as
permitted by the personal law, one among them, based on the
No Objection Certificate given by the other spouses;

(b) Son or daughter of the deceased or medically invalidated Government

servant, including adopted son or daughter;

(c) Parents of the deceased or unmarried Government servant or divorced

or widowed Government servant, whose children could not be provided
appointment due to health condition or having no children or having
minor children;

(d) Brother or sister of the deceased or medically invalidated unmarried

Government servant or divorced or widowed Government servant,
whose children could not be provided appointment due to health
condition or having no children or minor children.

(3) The eligibility of the family of a deceased or medically invalidated

Government servant, for appointment on compassionate grounds, are subject to the
following conditions, namely:-

(a) The family must be in indigent circumstance.

(b) No member of the family shall be in regular employment in Government or

any private enterprise:

Provided that where a member of the family is in regular employment and is

living separately without providing any monetary assistance to the family before the
death or retirement on medical invalidation of the Government servant, shall not
make the family ineligible:

Provided further that employment of a member of the family in military service

shall not make the family ineligible.

(c) For the purpose of clauses (a) and (b), and Integrated Certificate in Form-II
shall be obtained from the Tahsildar, where the Government servant lastly resided or
resides, as the case may be:

Provided that in the case of a Government servant, who was or is a native of

other State, the certificate shall also be obtained from the Revenue Divisional Officer
or the Deputy Collector concerned of his native State.

Explanation.— For the purpose of this rule, “a family is in indigent

circumstance” means, a family having an income of not more than rupees three lakh
per annum from all sources:

Provided that the family pension of the deceased Government servant or the
pension of the medically invalidated Government servant, as the case may be,
shall be excluded.
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(4) For removal of doubts, it is hereby clarified that, —

(a) employment on casual, adhoc or contracts basis, on daily wages or

consolidated pay, of any member of the family of a deceased or medically
invalidated Government servant, is not a bar for the family to apply for appointment
under these rules;

(b) remarriage of the spouse of the deceased Government servant, who had
applied for appointment under these rules, before being provided with an
appointment, shall not make the spouse ineligible for the appointment.

4. Nomination.— (1) In case, the spouse of a deceased or medically

invalidated Government servant could not apply for appointment, due to health
condition, appointment may be provided to a son or daughter, as may be nominated
by the spouse, subject to eligibility under rule 3.

(2) Where a parent of a deceased unmarried Government servant could not

apply for appointment due to health condition, appointment may be provided to
a brother or sister of the deceased Government servant as may be nominated by the
parent, subject to eligibility under rule 3.

(3) Where a deceased, divorced or widowed Government servant, has no

children or minor children or such deceased Government servant’s child could not
be provided appointment due to health condition and the parents of the deceased
Government servant also could not apply for appointment due to health condition,
appointment may be provided to a brother or sister of the deceased Government
servant, as may be nominated by the parent, subject to eligibility under
rule 3.

5. Time limit to make application.— Every application for appointment

under these rules shall be made within a period of three years from the date of death
of the Government servant or from the date of retirement on medical invalidation or
from the date of receipt of court order declaring the missing Government servant as
dead, under sections 107 or 108 of the Indian Evidence Act, 1872 (Central Act I
of 1872).

6. Age limit.— (1) Notwithstanding anything contained in these rules

governing the post for which appointment on compassionate grounds is to be made,
on the date of application for appointment,-

(a) the spouse of the deceased or medically invalidated

Government servant or the parent of the deceased
Government servant, must not have completed fifty years of
age; and

(b) the son, daughter, brother or sister of the deceased or

medically invalidated Government servant must not have
completed forty years of age.

(2) Notwithstanding anything contained in these rules governing the post for
which appointment on compassionate grounds is to be made, there shall be
no minimum age limit for the applicant on the date of application for appointment:

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Provided that appointment shall not be provided unless the applicant

completes eighteen years of age.

7. Educational qualification.— An applicant for appointment under these

rules, must possess the educational qualification prescribed for the post applied for,
including adequate knowledge in Tamil, on the date of application.

8. Application for appointment.— (1) The eligible member of the family of

the deceased or medically invalidated Government servant may make an application
for appointment under these rules in Form–I through online in the designated web
portal or website of the department or in writing addressed to the Head of office in
which the Government servant, was working at the time of his death or retired on
medical invalidation, as the case may be.

(2) The following certificates shall be enclosed along with the application,
namely:-

(a) Death Certificate of the Government servant or order of retirement on

medical invalidation, as the case may be.

(b) Legal heirship certificate in the case of a deceased Government servant.

(c) Integrated Certificate in Form-II.

(d) Certificate of the birth of the applicant.

(e) Certificates of educational qualification of the applicant.

(f) Registered deed of adoption in the case of an adopted son or daughter.

(g) Certificate of undertaking,-

(i) in the case of a son or daughter of the deceased or

medically invalidated Government servant, that he
shall, on appointment, maintain his siblings and his
parents;

(ii) in the case of a brother or sister of the deceased or

medically invalidated Government servant, that he
shall, on appointment, maintain his parents and the
children of the deceased or medically invalidated
Government servant, as the case may be.

(3) The post applied for, as mentioned in Form-I, shall not be permitted to be
altered subsequently, for any reason whatsoever.

9. Alternative application.— An applicant, within a period of one year from

the date of making the application for appointment under these rules, on the ground
of his ill health or for any other reason, on his request in writing, may be permitted by
the appointing authority to nominate any other member of the family to make an
alternative application, subject to eligibility in the order of priority specified in
sub-rule (2) of rule 3:

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Provided that, no such alternative application shall be permitted to be made

more than once:

Provided further that, no such application shall be permitted to be made after

the appointment of the original applicant.

(2) In the case of death of an applicant before being provided with an

appointment under these rules, the other eligible member of the family, as per the
order of priority specified in sub-rule (2) of rule 3, may make an alternative
application for the appointment.

10. Posts filled up under appointment.—Appointment shall be confined to

posts in Group “C” or Group “D” depending upon the educational qualification of the
applicant on the date of application.

Explanation.— For the purpose of these rules, Group “C” or Group “D” posts
would mean the posts which are classified as such in Schedule-XIII to the
Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (Tamil Nadu
Act 14 of 2016).

11. Rule of reservation.— The rule of reservation provided in section 27 of

the Tamil Nadu Government Servants (Conditions of Service) Act, 2016
(Tamil Nadu Act 14 of 2016) shall not apply to appointments made under these
rules.

12. Ceiling on appointment.— (1) The total number of persons appointed on

compassionate grounds in a Department, at any point of time, shall not exceed five
percent of the total sanctioned strength, whether permanent or temporary, of all the
categories of posts included in Group ‘C’ in that Department.

(2) There shall be no such ceiling in respect of Group “D” posts.

13. Order of priority in appointment.—

Appointment on compassionate grounds shall be made from among the eligible

applicants, in the order of the date of death of the Government servant or the date of
death as declared by the Court under sections 107 or 108 of the Indian Evidence
Act, 1872 (Central Act I of 1872) or the date of retirement on medical invalidation,
as the case may be.

14. Procedure for processing of applications.— (1) The head of the office
where the deceased Government servant was working at the time of his death shall
immediately report the death of a Government servant to the Head of the
Department and shall furnish the required particulars to the Head of the Department
within one month.

(2) As soon as may be, but in any case not later than thirty days from the date
of death of the Government servant, the head of office shall inform the provision of
the scheme for appointment on compassionate grounds to the family of the
deceased Government servant in writing under proper acknowledgment.

(3) On receipt of application for appointment, if any, from any member of the
family of the deceased or medically invalidated Government servant under
sub-rule (1) of rule 8, the Head of Office shall examine as to whether the applicant
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fulfills all the requirements for appointment under these rules, and if so, forward the
same to the Head of the Department along with his report, also indicating the
vacancy position for such appointment within a period of one month from the date of
receipt of the application.

(4) In case the applicant does not fulfil the requirements for appointment
under these rules, the Head of Office shall pass an order of rejection within a period
of one month from the date of receipt of the application and communicate the same
to the applicant.

(5) The applicant, if aggrieved by the order of rejection under sub-rule (4),
may prefer an appeal to the Head of the Department within a period of two months
from the date of receipt of the order:

Provided that in respect of an order of rejection passed by the Head of the

Department, an appeal shall lie to the Secretary to Government of the Department
concerned of the Secretariat.

(6) On receipt of the application from the Head of office under sub-rule (3),
the Head of the Department shall ensure that the applicant fulfills all the
requirements for appointment under these rules and issue an order of appointment,
appointing him in any of the vacancy in the office in which the deceased or medically
invalidated Government servant was working at the time of his death or in any other
office under his administrative control, within fifteen days from the date of receipt of
the report from the Head of Office:

Provided that, if no vacancy is available or vacancy is not likely to occur within

a period of three months, the Head of Department shall forward the application along
with the report of the Head of Office to the Collector of the district in which the
deceased or medically invalidated Government servant last worked.

(7) In case the spouse of the deceased Government servant, who had applied
for appointment under these rules, gets remarried, the appointing authority shall
issue an order of appointment only after obtaining an undertaking from the spouse
that he shall maintain the children and the parents of the deceased.

(8) The Collector of each district shall maintain a Register indicating the
number of applications received and are pending under these rules in the order of
seniority. The Collector shall send a Quarterly report in this regard to the
Government in Labour Welfare and Skill Development Department before the 15th of
the month following the end of the quarter.

(9) Only after obtaining a Certificate of non-availability of candidate in the

Register maintained by the District Collector concerned, the Head of Department
shall provide vacancies in Group “C” or Group “D” posts, to be filled up by the
Tamil Nadu Public Service Commission or the Directorate of Employment and
Training.

(10) The Departments of Government in the Secretariat, the Heads of the

Departments and the District Collectors shall maintain a separate online web page in
their respective website, showing the details of the applications, separately for
appointment to Group “C” and Group “D” posts, received under these rules, in the
format prescribed in Form-III. The pendency details shall be updated on the first day
of every month.
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(11) Appointment under these rules shall not be granted to more than one
member of the family.

(12) Appointment under these rules shall be made only against the actual
vacancies and no supernumerary posts shall be created therefor.

15. Special provisions for Secretariat departments.— (1) In the

departments of Secretariat, when an applicant is qualified for appointment to any of
the posts in Group ‘C’ and there is no vacancy in such posts, —

(a) he may be appointed to a lower post in Group “D” in the

Tamil Nadu Secretariat, subject to his willingness and on
giving an undertaking that he shall not make a claim for
appointment to a Group ‘C’ post, later on; or

(b) the application may be forwarded to the Collector of

Chennai district, for appointment to a suitable post in Group
‘C’ available in other departments.

(2) In the departments of Secretariat, appointment under these rules,-

(a) to the posts of Assistant, Typist and Personal Clerk, shall

be made by the Human Resources Management
Department. The department concerned shall process the
application in accordance with these rules and remit the
case to the Human Resources Management Department
along with its recommendation for issue of appointment
order; and

(b) to the posts of Office Assistant and Record Clerk shall be

made by the department concerned.

16. Regularization of appointments.— Each appointing authority shall

regularize the services of the person appointed under these rules within a period of
one year from the date of his joining service, subject to eligibility.

17. Power to relax.— Where the Government is of the opinion that it is

necessary or expedient so to do, it may by order, for reason to be recorded in
writing, relax any of the provisions of these rules with respect to any person where
the operation of these rules causes any hardship:

Provided that educational qualification prescribed for appointment to any post

shall not be relaxed.

18. Interpretation.— If any question arises as to the interpretation of these

rules, it shall be referred to the Government and the decision of the Government
thereon shall be final.

19. Saving.— Nothing contained in these rules shall adversely affect any
person, who has made an application for appointment on compassionate grounds or
who has been appointed to any post on compassionate grounds, on the date of
coming into force of these rules.

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FORM–I.
(see rule 8(1))
Application Form for appointment on compassionate grounds.

1. Name of the applicant.

2. Date of birth.
(Birth certificate to be attached).
3. Age (as on the date of application).
4. Date of application.
5. Educational qualification
(as on the date of application)
(Certificates to be attached).
6. Whether the applicant possess adequate
knowledge in Tamil?
7. Residential address.
8. Relationship to the deceased / medically
invalidated Government servant.
(If adopted, adoption certificate to be
attached).
9. Marital status.
10. Name of the post applied for
(Group C or Group D to be mentioned).
11. Name of the deceased / medically
invalidated Government servant.
12. Date of death / medical invalidation / Date of
death declared by the competent Court
order.
13. Designation, place and the office at which
the deceased or medically invalidated
Government servant was working at the time
of death or medically invalidated.
14. Date of retirement (Had he continued in
service but for his death).
15. Age at the time of death of the deceased
Government servant.
16. Length of service as on the date of death or
medically invalidated Government servant.

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17. Age at the time of retirement (in the case of

medical invalidation).
18. Whether any charge is pending against the
deceased/medically invalidated Government
servant.
19. Details of family members.
(name, age, relationship, marital status,
occupation to be mentioned).
20. Details of income from all sources of the
family (including income from pension
received by the other dependents, movable /
immovable property)
(Certificate from the authority concerned to
be attached).
21. Whether any other dependant member of
the deceased / medically invalidated
Government servant is in regular
employment in Government / Private
enterprise.
22. Whether No Objection Certificate obtained
from other dependants (if, applicable).
23. Any other information which the applicant
desires to give.

Declaration

I…………………………….do hereby declare that the particulars given above

are true to the best of my knowledge and belief. I also agree to the appointment
secured by me on compassionate grounds under these rules being terminated
without notice and assigning any reason therefor in the event of finding any
misrepresentation or suppression of material fact on my part.

Place: Signature of the Applicant.

Date: Counter Signed.

Head of Office.

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FORM – II
[see rule 8(2)(c)]
Integrated Certificate for Compassionate Ground Appointment

1. Thiru/Tmt/Selvi……………….……. who was working as …………..….… in the office of the …..……….. died on ……….. while in
service.

2. His/Her permanent residential address is ………………………………….…………... He/She last resided at……………………….

3. The details of the legal heirs of the deceased Government servant are as follows:-

Sl. Name. Age. Relationship. Marital Educational Employment details Employer Monthly Annual
No. status. qualification. (State details. salary. income.
Govt./PSU/Central
Govt./Private etc.) (Rs.) (Rs.)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

(i) The deceased Government Servant has no other husband/wife.

(ii) Legal heir/legal heirs of the deceased Government servant was employed even before the date of death of the
Government servant and is/are living separately supporting/not supporting the family.

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4. The details of Immovable properties possessed by the deceased Government servant..…………….. and his/her legal heirs are
as follows:-

Sl. Name. Age. Aadhaar Immovable Properties, Land and Buildings including Residential Houses Annual Income
No. Number (Description in respect of each property has to be given separately). derived including
Rental income.
(Rs.)
(1) (2) (3) (4) (5) (6)
District. Revenue Survey Extent. (In case of Land)
village. number. Total Guideline value (Rs.)
(In case of Building including
residential house its present
value)
(Rs.)
1. Name of the
deceased
Government
Servant
2. Legal heir – 1
3. Legal heir – 2
etc.
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5. The details of movable properties held in the name of the deceased Government servant and his/her legal heirs are as follows:-

Sl. Name Property Details Present Value Annual Income derived

No. (Rs.) from such property
(Rs.)

(1) (2) (3) (4) (5)

1. Name of the deceased

Government servant

2. Legal heir – 1

3. Legal heir – 2 etc.

6. The family of the deceased Government servant is receiving a family pension of Rs…………... per mensum.
The annual value of the family pension is Rs……………... The annual Income of all the legal heirs of the deceased Government
servant from all the sources is Rs…………… (excluding Family Pension)

7. After the death of the Government servant, the family of the deceased Government servant is in / not in indigent situation.
8. I ………………..….. Tahsildar ………..……….…….. Taluk ……………..…….. District has verified all the documents produced
before me and that after a detailed enquiry, issued this Integrated Certificate to Thiru/Tmt/Selvi………………(Name of the
applicant who is seeking appointment under compassionate grounds).

This Certificate is issued to the individual, for the purpose of seeking appointment on compassionate grounds.
Tahsildar.
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