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2023 Supreme(Del) 2896

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ex-si Mohar Pal Kardam – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr.A.K. Trivedi & Mr.Naveen Kumar, Advocates, for the Petitioner.
Mr.Siddhartha Sinha, SPC with Mr.Prashant Rawat (GP) & Mr.Sanjay Kumar, Insp., for the Respondents.

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

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