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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ex-si Mohar Pal Kardam – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
i. To quash and set aside the impugned order dated 23.04.2022 declaring as illegal, arbitrary and discriminatory and against the rules on the subject;
ii. To direct the competent authority to reconsider the claim of the petitioner and sanction the compassionate allowance @ Rs.12,694/- w.e.f. 16.02.2008 or as admissible as per two-third of his pension entitlement as per rule-41 of CCS (Pension) Rules, 1972 and consequently the petitioner may be entitled for his re-fixation of pension and arrears along with interest @ 12% p.a. till payment.
2. The case of the petitioner is that he was appointed as Direct Entry Sub-Inspector/Exe. in the Central Industrial Security Force on 03.01.1995 and served the CISF till 15.02.2008 (date of removal from service).
3. The petitioner was served with the chargesheet vide memo dated 13.10.2007 and was proceeded in a departmental enquiry and after completion of enquiry, the petitioner was removed from service vide order dated 15.02.2008 without any pensionary benefits. However, in compliance of order dated 03.06.2013, the respondents considered the claim of the petitioner and pass
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....
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.
Government servants dismissed or removed from service may receive compassionate allowance up to two-thirds of the pension, without affecting pensionable service criteria, affirming specific rules gov....
The act of committing an offence of moral turpitude, which affects the life of another individual and his family, can be a sufficient ground to disentitle a petitioner from grant of compassionate all....
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 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....
Failure to consider relevant parameters established in previous court decisions when rejecting a compassionate allowance request may lead to the setting aside of the impugned order and remittance of ....
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