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RAVINDRA V. GHUGE, SANJAY A. DESHMUKH
Saroj – Appellant
Versus
Superintending Engineer – Respondent
JUDGMENT/ORDER
SANJAY A.DESHMUKH, J. - Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. By this petition, the petitioners have prayed for granting of compassionate pension as petitioner No.1 is the widow of deceased Magan Damare, who had served with respondent No.3 as a Chaukidar / Watchman.
3. The petitioners contended that the husband of petitioner No.1 Magan Damare was serving as a watchman with respondent No.3 from 20/11/1981. Magan Damare had served for about 22 years. However, due to his unauthorised absenteeism, a departmental enquiry was held against him and on 6/3/2002, he was dismissed from service. Magan did not challenge that dismissal order. He died on 5/4/2012. Petitioner No.1 and her family members suffered mentally and economically as they lost their bread earner. Petitioner No.1 had no source of income. She applied for a copy of the service book of her husband and got it on 28/9/2012. On 16/11/2012, petitioner No.1 prayed for compassionate pension. However, by letter dtd. 21/11/2012, it was communicated to petitioner No.1 that, as per Rule 45 of the Maharashtra Civil Services (Pension) Rules, 1982 her husband was dismissed from
[Compassionate pension can be granted in exceptional circumstances even if the employee was dismissed, provided the dismissal does not involve moral turpitude or dishonesty.]
The main legal point established in the judgment is that the grant of compassionate allowance and pension under the CCS (Pension) Rules, 1972 should consider the deserving nature of the case and is n....
Compassionate allowance should be granted if the case is deserving of special consideration, irrespective of the length of service rendered.
The main legal point established in the judgment is that economic distress and the length of service can warrant 'special consideration' for compassionate allowance under Rule 41 of the CCS Pension R....
Compassionate allowances must consider the overall service and financial condition of the dismissed employee, as per established guidelines.
Past misconduct does not bar compassionate allowance up to two-thirds pension; requires independent consideration of family hardship and service factors.
The main legal point established in the judgment is that the entitlement to compassionate allowance under Rule 65 of the Railway Services (Pension) Rules, 1993 should be determined based on the absen....
Dismissal from service – Compassionate allowances - While granting compassionate allowance authority has absolute discretion to decide as to time period from which allowance is to be paid and a gover....
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