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RAJIV SHAKDHER, TALWANT SINGH
Hodil Singh – Appellant
Versus
Govt Of NCT Of Delhi – Respondent
JUDGMENT
Rajiv Shakdher, J. - CM No.38598/2021
1. Allowed, subject to just exceptions.
W.P.(C) 12294/2021 & CM No.38597/2021[
Application filed on behalf of the petitioner for placing on record additional documents]
2. This writ petition is directed against the order dated 30.08.2019, passed by the Central Administrative Tribunal [in short the Tribunal] in O.A.No.4343/2017.
3. The petitioner had approached the Tribunal, as he was aggrieved by the rejection of the representation made by him to the respondents for grant of compassionate allowance, under Rule 41 of the Central Civil Services (Pension) Rules, 1972 [in short the 1972 Pension Rules]. This was the second time; the petitioner had approached the Tribunal.
3.1 In the first round, the Tribunal had directed the respondents, vide order dated 06.10.2017, passed in O.A. No.1212/2016, to reconsider the representation of the petitioner for grant of compassionate allowance. For the sake of convenience, the operative part of the said order is extracted hereafter:
"....I find that Annexure A-l order is not at all a speaking order. The Issue raised by the applicant in his Annexure A-3 representation dated 02.02.2016 have not at all been dealt
The need for special consideration in cases of compassionate allowance and the exceptions where the reasons for dismissal from service need to be taken into account.
Compassionate allowances must consider the overall service and financial condition of the dismissed employee, as per established guidelines.
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....
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 allowance claims under CCS (Pension) Rules require specific criteria to be met, as established in Mahinder Dutt Sharma v. Union of India.
Compassionate Allowance is discretionary, akin to pension, and subject to the Competent Authority's subjective satisfaction and exceptional circumstances.
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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