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SANJEEV SACHDEVA, TUSHAR RAO GEDELA
Govt. Of Nct Of Delhi – Appellant
Versus
Late Shri Ashok Kumar Singh – Respondent
JUDGMENT
Tushar Rao Gedela, J. - In the present case, the State of Delhi, as the petitioners assails the order dated 17.01.2017 passed by the Central Administrative Tribunal, Principal Bench (hereinafter referred to as 'Tribunal') in O.A. No. 2929/2015, whereby the Tribunal had allowed compassionate allowance with retrospective effect, that is, from the date of dismissal i.e., 10.07.1992 to the deceased respondent Late Ashok Kumar Singh (hereinafter referred to as 'respondent' which also includes his LRs.) Ex-ASI (Ministerial) who unfortunately expired on 01.12.2015 and is now being represented by his Legal Representatives.
2. The present case is one of the many rounds of litigation that the respondent faced.
3. Shorn of all the unnecessary details, the facts germane to decide the present lis are being referred to hereunder.
4. The respondent, Late Ashok Kumar Singh had joined the Delhi Police as a Constable in the year 1970. In the year 1992, due to the acts of misconduct, premised on the basis of assaulting senior officer, an enquiry was held and consequent thereto, the respondent was dismissed from service vide order dated 10.07.1992.
5. The said dismissal was challenged by him befor
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....
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 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.
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.
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....
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....
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