Government servants dismissed or removed from service may receive compassionate allowance up to two-thirds of the pension, without affecting pensionable service criteria, affirming specific rules governing pension revisions.

JUDGMENT

Navin Chawla, J. (Oral)

The petition has been heard by way of video conferencing.

CM 43664/2021 (Exemption)

Allowed, subject to all just exceptions.

WP(C) 13836/2021

1. The present petition has been filed challenging rejection letter dated 11.01.2021 issued by the respondent nos. 1 and 2, rejecting the representation made by the petitioner for the grant of revised pension under the 7th Central Pay Commission (in short, `CPC'). The petitioner further seeks direction to the respondents to grant revised pension under the 7th CPC on notional basis to the petitioner.

2. It is the case of the petitioner that the petitioner was appointed as a Sub-Inspector in the Central Reserve Police Force (in short, `CRPF') in the year 1981. However, since the petitioner remained unauthorisedly absent from service, he was inflicted with the penalty of removal from service vide order dated 09.07.1997. The petitioner preferred an appeal against the order of penalty of removal from service, which was also rejected vide order dated 24.11.1997. Thereafter, the petitioner approached this Court by way of a writ petition, being WP(C) 1728 of 1999, titled Anil Kumar v. CRPF & Ors., challenging his removal from service. This Court vide Judgment dated 25.09.2012, while balancing the equities, issued the following direction:

"7. Faced with aforesaid and the possibility of the entire period being required to be treated "dies-non" i.e. not making petitioner eligible for any wages or the period to be counted towards pensionable service, learned counsel for the petitioner states that the petitioner would be satisfied if this Court were to uphold the penalty removing the petitioner from service provided the petitioner is sanctioned a compassionate allowance in terms of Rule 41 of the CCS Pension Rules.

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11. A conjoint reading of Rule 39 and Rule 41 would reveal that a Government servant who is dismissed or removed from service can be paid compassionate allowance upto 2/3rd of the pension which would have been admissible to him if he had retired on compensation pension. Meaning thereby, to be eligible for compassionate allowance pensionable service is not the criteria.

12. Noting that even respondents are at fault of not ensuring that the charge sheet was served upon the petitioner, but weighing the fact of the petitioner's continued unauthorized absence and factoring therein the concession made by the learned counsel for the petitioner, we think that a fair, just and equitable direction which needs to be passed in the instant writ petition is to direct that the petitioner be paid compassionate allowance for the reason he had joined CRPF on September 26, 1981 and had served a cause for the nation till he was removed from service in the year 1997.

13. Declining relief as prayed for, we dispose of the writ petition directing the respondents to pay to the petitioner compassionate allowance which shall be 2/3rd of the compensation pension which would have been admissible to him if petitioner had retired on compensation pension. We also direct that petitioner would be paid proportionate gratuity for the period he had rendered service."

3. The learned counsel for the petitioner submits that the Impugned Order rejecting the petitioner's representation for grant of revised pension as per the 7th CPC has been passed in violation of Rule 41(2) of the Central Civil Services (Pension) Rules, 1972 [in short, `CCS (Pension) Rules']. The petitioner relies upon the following:

"(2) Commutation of Compassionate Allowance permissible. - A question has been raised whether Government servants drawing Compassionate Allowance under Rule 41 of the Central Civil