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SANJEEV SACHDEVA, MANOJ JAIN
Tunda Ram Dagar – Appellant
Versus
Union of India Through Director General, Cisf – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner seeks setting aside of order dated 22.06.2016 whereby the representation of the petitioner for grant of compensation allowance under Rule 41 of CCS pension rules 1972 has been rejected. Petitioner further seeks award of compensation allowance under the aforesaid rule.
2. Learned counsel for the petitioner submits that the respondents have erred in rejecting the representation of the petitioner on the ground that his entire service record which is liable to be considered was not taken into account and secondly because the order erroneously records that the petitioner did not have the total length of qualifying service of over 10 years. He relies on the judgment of the Supreme Court in Ramesh Kumar Singh v. Union of India & Others, (2012) SCC Online Del. 4342 to contend that that 10 years qualifying service is not required under rule 41 of the CCS pension rule.
3. As per the petitioner he had joined and served the Indian army as Sepoy for a period of 5 years 1 month and 7 days and thereafter joined the respondent, CISF as a constable on 25.11.1983. Petitioner was sentenced to life imprisonment on 15.01.1998 for having committed an off
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.
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 ....
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 economic distress and the length of service can warrant 'special consideration' for compassionate allowance under Rule 41 of the CCS Pension R....
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