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Provision of Compasionate Appointment for Married Daughter

December 1, 2022

GOVERNMENT OF WEST BENGAL
Labour Department
N.S. Buildings, Block-A, 12th Floor
1, K. S. Roy Road, Kolkata- 700001

No. Labr/419/Law Date: 04.11.2022

NOTIFICATION

A comprehensive scheme regarding appointment on compassionate ground was notified vide this Deptt. Notification No. 251-Emp dated 03.12.2013 subsequently amended vide Notification Nos. 26-Emp. dated 01.03.2016. Several Departments under Govt. of West Bengal are reportedly facing difficulties in implementing certain provisions contained in the Notifications as aforesaid. The matter has been under active consideration of the Government for some time past. The Governor is pleased to bring about the following changes in the existing guidelines to dispose of the cases in a just and equitable manner:

Sl. No.Existing/ New Clause/ Para No.Existing ProvisionProposed Provision
1Cl 3(b), 3(c), 3(d) of Notification No. 251-Emp dated 03.12.2013(b) son (including legally adopted son before death or incapacitation); or
(c) unmarried daughter (including legally adopted unmarried daughter before death or incapacitation); or
(d) married daughter who on date of death or incapacitation was unmarried
(b) son (including legally adopted son before death or incapacitation or missing); or
(c) daughter (including legally adopted daughter before death or incapacitation or missing); or
(d) third gender Child (including legally adopted third gender child before death or incapacitation or missing)
2Para 3(dd) [new clause] added to the of Notification No. 251-Emp dated 03.12.2013 {that was amended vide notification No. 323-Emp dated 23.07.14}(a) A divorcee daughter, who has become dependent on the family, and the divorce petition was filed before the death/ permanent incapacitation of the Govt, employee.
(b) She must have obtained decree of divorce issued by the competent authority of an Hon’ble court, either before or after the death of the Government Employee.
(c) In case she has been receiving any maintenance cost from her husband, the same will be taken into account to decide her eligibility
Omitted
3Cl 6(a)(ii)(II) of Notification No. 251-Emp dated 03.12.2013Monthly interest income @ 8% p.a. on the total amount received by the family after death of the employee or retirement of the incapacitated employee (Gratuity, Leave Encashment, any other payments excepting GPF).Monthly interest income on the total amount received by the family after death of the employee or retirement of the incapacitated employee (Gratuity, Leave Encashment, any other payments excepting GPF) will be calculated at the prevailing rate of interest provided by the bank where the said employee’s Gratuity, Leave Encashment, any other payments will be deposited.
4[New clause added to Notification No. 251-Emp dated 03.12.2013] Cl 6(aa) In case of Divorcee if he/ she has been receiving any maintenance cost from spouse, the same will be taken into account to decide her eligibility.
5Cl 9(c) of Notification No. 251-Emp dated 03.12.2013Appointment and posting: Posting on such appointment shall be made in the offices at the following levels:
1. At Gram Panchayat
2. At Block
3. At Sub-division
4. At District
Appointment and posting: Posting on such appointment shall be made in the offices at the following levels:
1. At Block or any subordinate office at Block level
2. At Sub-division
3. At District
4. At Directorate
5. At Secretariat
6[New clause added to Notification No. 251-Emp dated 03.12.2013] Cl 14(bbb) Any undisposed case regarding married daughter where the death or incapacitation has occurred prior to issue this Notification but after issue of Notification No. 251-Emp. Dated 03.12.2013 could be looked into afresh, if it fulfills other conditions of the Scheme.

This notification shall come into force with immediate effect.

This order issues with the concurrence of the Finance (Audit) Department vide their U.O. No. 07 Group-P2 dated 30.05.2022.

By order of the Governor,

BARUN KUMAR RAY
Principal Secretary to the
Govt. of West Bengal

No. Labr-419 dated 04.11.2022

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