Back
IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Sudhir Kumar Jain, JJ.
Shri Chand - Appellant
Versus
Union of India - Respondent
W.P.(C) 4479 of 2022
Decided On : 16-03-2022
| Table of Content |
|---|
| 1. disposition of petition and acknowledgment of petitioner's rights. (Para 1 , 2 , 8) |
| 2. petitioner's claim for compassionate allowance and terminal dues. (Para 3 , 4) |
| 3. respondent's obligation to decide representation. (Para 5) |
| 4. court's directive on decision timeframe and petitioner's recourse. (Para 6 , 7) |
CM APPL.13356/2022
1. Allowed, subject to just exceptions.
2. Application stands disposed of.
W.P.(C) 4479/2022
3. Present petition has been preferred under Article 226 of the Constitution of India seeking directions to respondent no.2 to grant compassionate allowance at 2/3rd of pension and gratuity on last drawn pay of the petitioner with effect from 18.12.2008. Further seeks direction to pay the admissible terminal dues and arrears with interest @ 18% p.a. from 18.12.2008 till date of actual payment on compassionate allowance and admissible terminal dues.
4. The case of the petitioner is that he made representation dated 18.01.2022 to the respondent, however, till date, said representation has not been decided.
5. Learned counsel for the respondents submits that representation dated 18.01.2022 shall be decided within eight weeks, if not already decided.
6. Accordingly, we hereby direct the respondents to decide the representation dated 18.01.2022 of the petitioner, if not already decided, within eight weeks and decision to be taken shall be communicated to the counsel for the petitioner within one week thereafter.
7. Needless to state that if the petitioner is still aggrieved, he may challenge the same before the appropriate forum.
8. In view of above, petition is disposed of.
The court mandates the timely resolution of representations regarding compassionate allowances and terminal dues under Article 226 of the Constitution.
The court mandates timely decision-making on compassionate allowance requests, establishing an expectation for administrative responsiveness.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
