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SANJEEV SACHDEVA, MANOJ JAIN
Kusum Singh – Appellant
Versus
Union of India – Respondent
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 S
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....
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....
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....
The need for special consideration in cases of compassionate allowance and the exceptions where the reasons for dismissal from service need to be taken into account.
The court clarified that compassionate allowance does not apply in desertion cases per CCS Pension Rules.
Compassionate allowance may be granted even after a delay, provided special circumstances are evaluated and considered by authorities per the applicable pension rules.
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