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2023 Supreme(Del) 5575
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Kusum Singh - Appellant
Versus
Union of India & Ors. - Respondents
W.P.(C) 7897 of 2022
Decided On : 10-11-2023
Important Points
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 matter for reconsideration.
Subject
Administrative Law - Pension Rules and Allowances
Headnote
Compassionate Allowance - Widow's Claim - The court set aside the rejection of the petitioner's request for compassionate allowance, citing the failure to consider the parameters laid down in previous court decisions and remitted the matter to the appropriate authority for reconsideration.
Fact of the Case:
The petitioner, widow of a deceased ex-Constable, sought compassionate allowance under Rule 41 CCS (Pension) Rules, 1972, following the dismissal and subsequent death of her husband. Her request was rejected without considering relevant parameters.
Finding of the Court:
The court found that the rejection of the compassionate allowance request failed to consider the parameters established in previous court decisions, and therefore set aside the impugned order and remitted the matter to the appropriate authority for reconsideration.
Issues: Rejection of compassionate allowance request without considering relevant parameters.
Ratio Decidendi: The court's decision was influenced by the failure to consider the parameters laid down in previous court decisions when rejecting the compassionate allowance request.
Final Decision: The impugned order was set aside, and the matter was remitted to the appropriate authority for consideration in accordance with the Rule 41 of the CCS (Pension) Rules, 1972 and the parameters established in previous court decisions.
Mr. Ankur Chhibber, Advocate, for the Petitioner.
Ms. Pratima N. Lakra, CGSC, for the UOI.
JUDGMENT
Sanjeev Sachdeva, J. (Oral) - Petitioner seeks quashing of order dated 02.07.2021 whereby the request made by the petitioner for grant of compassionate allowance has been rejected. Petitioner seeks grant of compassionate allowance in terms of Rule 41 CCS (Pension) Rules, 1972.
2. The husband of the petitioner was employed with the CRPF in the rank of Constable/GD. A criminal case was registered against the husband, consequent to which, the departmental proceedings were initiated and he was dismissed from service. He impugned his removal by filing an appeal which was rejected and thereafter he expired. Consequent to his expiry, the criminal case registered against him abated.
3. Petitioner, who is the widow of the deceased ex-Constable, also has two children, one of whom is stated to be 40% disabled on his left side. Subject application seeking compassionate allowance was filed but the same has been rejected.
4. Petitioner relies on the decision of a coordinate Bench of this Court dated 26.05.2017 in W.P.(C) 6529/2016 titled Manju Singh vs. Union of India & Ors. as also the decision of another coordinate Bench of this Court dated 22.02.2008 in W.P.(C) 5544/2007 titled Ex. ASI Shadi Ram vs. Government of NCT of Delhi, 2008 SCC Online Del 1396 wherein both the Benches have relied on several decisions of the Supreme Court and laid down the parameters to be considered while considering an application seeking compassionate allowance.
5. We notice that the request for grant of compassionate allowance has been rejected without considering the parameters as laid down in Ex. ASI Shadi Ram (supra) and Manju Singh (supra).
6. In view of the above, the impugned order dated 02.07.2021 is set aside. The matter is remitted to the respondent, i.e., the appropriate authority to consider the claim of the compassionate allowance in terms of the Rule 41 of the CCS (Pension) Rules, 1972 and in terms of the Judgment in Ex. ASI Shadi Ram (supra) and Manju Singh (supra).
7. Petition is disposed of in the above terms.
8. A decision be taken within a period of eight weeks from today.
