IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA, JJ.
EX./LNK. RADHA CHARAN SHARMA – Petitioner
Versus
UNION OF INDIA – Respondent
W.P. (C) No. 851 of 2023
Decided On : 23-01-2023
Central Civil Services [Pension] Rules, 1972 – Rule 41 – Compassionate Allowance – Seeks Quashing of Impugned Order – Petition, petitioner seeks quashing of impugned order respondent
round of litigation filed by petitioner said petition was dismissed by a Co-ordinate Bench of this Court vide order upholding petitioner’s dismissal from service – Held, Learned Senior Panel Counsel for respondents accepts notice – Petitioner is challenging same today which is barred by delay and laches – Court direct respondents to pass a fresh order on representation preferred by petitioner in terms of order Co-ordinate Bench of this Court in within six weeks from today – petition is disposed of.
JUDGMENT :
1. Vide the present petition, petitioner seeks quashing of impugned order dated 15.06.2019 passed by respondent No. 3.
2. In earlier round of litigation in W.P. (C) No. 1998/2017 filed by the petitioner herein, the said petition was dismissed by a Co-ordinate Bench of this Court vide order dated 07.03.2019 upholding the petitioner’s dismissal from service, however, liberty was granted to the petitioner to make a representation before the respondents for grant of Compassionate Allowance under Rule 41 of the CCS (Pension) Rules.
3. Accordingly, the petitioner made representation dated 28.03.2019 before the respondents. The respondent No. 3 vide impugned order dated 15.06.2019 dismissed the representation of the petitioner on the ground that he was rightly dismissed from the service.
4. Respondent No. 3 has made observations in Para-7 of the impugned order dated 15.06.2019 which are as under:
5. Learned counsel for petitioner submits that vide order dated 07.03.2019, the directions passed to the respondents were to decide the representation made by the petitioner for grant of Compassionate Allowance under Rule 41 of the CCS (Pension) Rules whereas vide the impugned order dated 15.06.2019, the respondent No. 3 has only justified the dismissal of the petitioner from service which is evident from Para-7 of the said order reproduced above.
6. Notice issued.
7. Learned Senior Panel Counsel for the respondents accepts notice. Though learned Senior Panel Counsel has disputed the issues raised in the present petition by the petitioner, however, he submits that the impugned order was passed on 15.06.2019 and now, petitioner is challenging the same today, which is barred by delay and laches.
8. Be that as it may, in the interest of justice, we hereby direct the respondents to pass a fresh order on representation dated 28.03.2019 preferred by the petitioner in terms of order dated 07.03.2019 passed by a Co-ordinate Bench of this Court in W.P. (C) No. 1998/2017 within six weeks from today.
9. With the aforesaid directions, the present petition is disposed of.
The court mandates timely decision-making on compassionate allowance requests, establishing an expectation for administrative responsiveness.
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....
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.
Compassionate allowances must consider the overall service and financial condition of the dismissed employee, as per established guidelines.
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.
The main legal point established is that the competent authority has the discretion to sanction compassionate allowance based on the financial position and responsibility of the petitioner, in accord....
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