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JYOTI SINGH
Sh. M. S. Tomar – Appellant
Versus
National Commission For Scheduled Castes – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present writ petition has been filed by the Petitioner seeking a writ of certiorari for quashing the impugned order dated 27.02.2019 and a writ of mandamus directing Respondent No. 2/Bank of India (hereinafter referred to as the `Bank') to grant compassionate allowance to the Petitioner being a case `deserving of special consideration'.
2. Shorn of unnecessary details, the necessary facts are that Petitioner was appointed as an Accounts Clerk with the Bank on 13.12.1976 and thereafter as a Probationary Officer on 14.02.1983. On 06.07.2001, Petitioner was promoted as a Branch Manager and continued so till he was dismissed from service.
3. Major penalty proceedings were initiated against the Petitioner by issuance of a charge-sheet dated 17.05.2004, which culminated into a penalty of `dismissal which shall ordinarily be a disqualification for future employment' in terms of Regulation 4(j) of Bank of India Officer Employees' (Discipline and Appeal) Regulations, 1976. Suspension period was treated as period not spent on duty, disentitling the Petitioner to pay and allowances in excess of the subsistence allowance already paid during the suspension peri
Compassionate allowance can only be granted to an employee eligible for pension and would have been granted pension, but for the imposition of a major penalty of dismissal, removal, or termination.
Past misconduct does not bar compassionate allowance up to two-thirds pension; requires independent consideration of family hardship and service factors.
The entitlement to compassionate allowance under Regulation 31 of the United Bank of India (Employees) Pension Regulation, 1995 is determined based on the employee's conduct, and proven misconduct or....
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....
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 economic distress and the length of service can warrant 'special consideration' for compassionate allowance under Rule 41 of the CCS Pension R....
Compassionate Allowance is discretionary, akin to pension, and subject to the Competent Authority's subjective satisfaction and exceptional circumstances.
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