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SANJEEV SACHDEVA, MANOJ JAIN
Anwar Khan Alias Anwar Ct/gd (951360047) – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner impugns order dated 21.03.2023, whereby the representation of the petitioner for grant of compensation allowance has been rejected on the ground that the representation was filed after a delay of over 12 years.
2. Petitioner, who was serving as a Constable (Driver) with the respondents, was dismissed from service after a departmental inquiry against him. He impugned his dismissal but was unsuccessful up to the Supreme Court. The final decision by the Supreme Court was on 28.01.2013. Petitioner thereafter filed a representation on 27.02.2023, seeking grant of compensation pension under Rule 41 of the CCS (Pension) Rules, 1972.
3. The representation of the petitioner has been rejected solely on the ground of it having being filed after a lapse 12 years. Learned counsel for petitioner submits that it is a settled position that pension cannot be denied if otherwise admissible, on account of the fact that delay has occasioned in demand of pension. He submits that since the petitioner is seeking compensation allowance and pension, mere delay in filing the representation should not be a ground for denying the same.
4. Issue notice. Not
Delay in filing a representation should not be a ground for denying the grant of compensation allowance.
The court mandates timely decision-making on compassionate allowance requests, establishing an expectation for administrative responsiveness.
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
Delay in pursuing pension revision claims can bar relief due to laches, emphasizing the need for timely action to enforce rights.
Point of Law : If extrapolated or applied to the factual matrix of present case would have the effect of restricting claim for pension, if otherwise sustainable in law, to three years previous to whe....
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