KRISHNA RAO
Bidyut Baran Halder – Appellant
Versus
United Bank Of India – Respondent
JUDGMENT
Krishna Rao, J. - The instant writ application is directed against the order passed by the assistant General Manager (D & IR), United Bank of India, Head Office, 11, Hemanta Basu Sarani, Kolkata dt. 28.03.2019 wherein the request of the petitioner for grant of compassionate allowance is rejected.
Initially the petitioner was appointed in the clerical cadre in the year 1981 and was posted as Cash Cleck. In the year 2004 the petitioner was selected as Computer Operator in the sanctioned post in terms of the Memorandum of Settlement dt. 29th, October, 1993. On completion of unblemished 25 years of service, the petitioner was awarded with Silver Jubilee award.
In the year 2007, the respondent bank noticed about unusual transactions from the account of the petitioner and with the Over Darft account maintained in the bank. On 1st November, 2007, the bank had issued notice to the petitioner and directed the petitioner to clarify about the unusual transactions. Though the petitioner had submitted his clarification but the bank was not satisfied with the same and accordingly the petitioner was transfered from Kulpi Branch to Malda Region. The Bank had also initiated disciplinary enqui
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The entitlement to compassionate allowance under Regulation 31 of the United Bank of India (Employees) Pension Regulation, 1995 is determined based on the employee's conduct, and proven misconduct or....
Compassionate allowance can only be granted to an employee eligible for pension and would have been granted pension, but for the imposition of a major penalty of dismissal, removal, or termination.
Past misconduct does not bar compassionate allowance up to two-thirds pension; requires independent consideration of family hardship and service factors.
Corruption conviction for personal gain disentitles dismissed employee from compassionate allowance under Rule 41 CCS (Pension) Rules.
Compassionate allowances must consider the overall service and financial condition of the dismissed employee, as per established guidelines.
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 allowance claims under CCS (Pension) Rules require specific criteria to be met, as established in Mahinder Dutt Sharma v. Union of India.
The court held that the denial of compassionate allowance must include a comprehensive evaluation of all circumstances, particularly the applicant's financial situation, rather than solely relying on....
Compassionate Allowances under the CCS Pension Rules, 1972, can be granted from the date of filing a representation, reflecting their nature akin to pensions but granted at the discretion of the comp....
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