Clarification on OCS (RA) Rules 1990 | GA & PG Department, Odisha
CLARIFICATION ON OCS (RA) RULES, 1990
Applicability Period
Minor Child Age Limit
Disposal Deadline
Categories Covered
Background & Purpose
- Context: Government has framed rules from time to time for providing compassionate appointment under the Rehabilitation Assistance Scheme to eligible members of the family of a deceased Government servant.
- Issue: Many Departments are referring files seeking clarification on various provisions relating to appointment under the OCS (RA) Rules, 1990. Further, grievance petitions have also been received from applicants whose cases relate to the applicability of the relevant OCS (RA) Rules, 1990 to their cases.
- Purpose: It is felt necessary to issue clarifications relating to the OCS (RA) Rules, 1990 on the following matters.
Key Clarifications
The OCS (RA) Rules, 1990 shall be applicable to cases relating to Government servants who died during the period from 24.09.1990 (date of commencement of OCS (RA) Rules, 1990) to 16.02.2020 (date immediately preceding the commencement of OCS (RA) Rules, 2020).
In respect of a minor child who was the only eligible ward available in the family of the deceased Government servant for employment at the time of death can apply for job on attaining the age of eighteen years and in no case beyond three years from the date of attaining the age of eighteen years.
However, in exceptional cases, the maximum age limit may be relaxed by the competent authority.
Accordingly, where the daughter of the deceased Government servant was unmarried at the time of submission of the application and thereby came within the purview of the definition of "family" under the OCS (RA) Rules, 1990, her subsequent change in marital status shall not, by itself, render her ineligible for consideration of her application under the said Rules.
(a) Teaching and Non-Teaching Staff covered under GIA orders-1994 in Aided Educational Institutions of the School & Mass Education Department and Higher Education Department.
(b) Work-Charged Employees of the State Government.
(c) Employees of Public Sector Undertakings under the State Government.
Therefore, family members of employees of these categories of Institutions/Organisations are eligible for appointment under the OCS (RA) Rules, 1990.
Action Required
- Expeditious Disposal: All concerned Departments/Authorities are instructed to take necessary action for expeditious disposal of old pending cases within a period of three months from the date of issue of this clarification.
- Portal Upload: Departments shall upload the status of disposal in the Portal to be developed by CMGI soon for the purpose.
- Compliance: All Departments of Government, all Heads of Departments, all RDCs, and all Collectors are required to comply with these clarifications.
Important Points to Note
- Applicability of Rules: OCS (RA) Rules, 1990 applies to cases where the Government servant died between 24.09.1990 and 16.02.2020.
- Date of Death Rule: RA applications shall be considered as per the rules prevailing on the date of death of the Government servant.
- Age Limit: Governed by general principles/rules applicable to such appointments.
- Minor Child: Can apply on attaining 18 years and no case beyond 3 years from attaining 18 years.
- Age Relaxation: Maximum age limit may be relaxed by competent authority in exceptional cases.
- Marital Status: Change in marital status after application submission does not render the daughter ineligible.
- Eligibility Basis: Eligibility to be considered with reference to information furnished at the time of application submission.
- Extended Categories: Benefits extended to Aided Educational Institutions (GIA 1994), Work-Charged Employees, and PSU employees.
- Disposal Deadline: Old pending cases to be disposed within 3 months from 30.09.2026.
- Monitoring: Status of disposal to be uploaded on the CMGI Portal.
- Issued By: Suresh Kumar Vashishth, Principal Secretary to Government, GA & PG Department.
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