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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Mahinder Pal - Appellant
Versus
C.I.S.F. - Respondent
W.P.(C) 12924 of 2022
Decided On : 06-09-2022
| Table of Content |
|---|
| 1. request for compassionate allowance under pension rules. (Para 1) |
| 2. petitioner's representation for relief remains undecided. (Para 2) |
| 3. court orders decision on representation within six weeks. (Para 3) |
| 4. opportunity to appeal if decision is unfavorable. (Para 4 , 5) |
1. Present petition has been filed seeking directions to the respondents to grant compassionate allowance under Rule 41 of CCS Pension Rules, 1972.
2. Learned counsel for the petitioner submits that for the aforesaid relief, petitioner had already made representation dated 16.12.2021, however, till date, the said representation has not been decided by the respondents.
3. In view of above, we hereby dispose of the present petition by directing respondents to decide the representation of the petitioner within six weeks from today and communicate the decision thereof to the petitioner within one week thereafter in writing.
4. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
5. In view of above directions, petition is disposed of.
The court mandates timely decision-making on compassionate allowance requests, establishing an expectation for administrative responsiveness.
The court mandates the timely resolution of representations regarding compassionate allowances and terminal dues under Article 226 of the Constitution.
Delay in filing a representation should not be a ground for denying the grant of compensation allowance.
The principle of mandamus can be invoked to compel public authorities to perform their duties in a timely manner.
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 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....
Compassionate allowance under Rule 41 of the CCS (Pension) Rules, 2021 is not a vested statutory right but a discretionary benefit. Writ jurisdiction will not be exercised to revive stale claims afte....
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