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SURESH KUMAR KAIT, SUDHIR KUMAR JAIN
Gauri Shankar – Appellant
Versus
Central Reserve Police Force And Another – Respondent
JUDGMENT
Suresh Kumar Kait, J. - Petitioner claims to have been recruited on the post of Constable in the year 1994 by respondent No.1-Central Reserve Police Force (henceforth referred to as the 'CRPF') through respondent No.2/ Union of India, which is under the aegis of Ministry of Home affairs. The role of petitioner has been to assist the States / Territories in carrying out policing operations for maintaining the rule of law and public order in the country and to assist in counter-insurgency operations.
2. according to petitioner, on 17.03.2003, an argument erupted between the petitioner and his superiors in relation to a training exercise undertaken by petitioner, subsequent to which he was suspended from service on the said day, followed by an enquiry and further, dismissal from service on 20.08.2003 from respondent No.1/CRPF. The appeal preferred by the petitioner against the aforesaid dismissal order dated 20.08.2003 was rejected by the appellate authority on 24.12.2003. Even the revision preferred against the aforesaid rejection order dated 24.12.2003, also stood dismissed on 12.05.2004 by the competent authority of respondent No.1/CRPF.
3. Petitioner further claims to have
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 the grant of compassionate allowance and pension under the CCS (Pension) Rules, 1972 should consider the deserving nature of the case and is n....
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....
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 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....
Compassionate Allowance is discretionary, akin to pension, and subject to the Competent Authority's subjective satisfaction and exceptional circumstances.
Past misconduct does not bar compassionate allowance up to two-thirds pension; requires independent consideration of family hardship and service factors.
Compassionate allowances must consider the overall service and financial condition of the dismissed employee, as per established guidelines.
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