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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Maya Brahma Barman W/o Late Kailesh Chandra Barman – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner's request for compassionate allowance. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding entitlement to pension. (Para 6 , 9) |
| 3. court's assessment of special consideration. (Para 8 , 11 , 12) |
| 4. application of rule 24 of the assam services. (Para 10) |
| 5. court's directive for reconsideration of application. (Para 13) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. R. Majumdar, the learned counsel appearing on behalf of the Petitioner and Mr. J.K. Goswami, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 2, 3 and 4. None appears on behalf of the Accountant General (A & E) when the matter is called.
2. The Petitioner herein has filed the instant writ petition seeking a direction upon the Respondents to grant the Petitioner compassionate allowance and compassionate gratuity which her husband would have been entitled to had he been alive and in that regard, had submitted a representation dated 30.03.2024. It is the further case of the Petitioner that the said representation dated 30.03.2024 was not considered and it is under such circumstances, the Petitioner has approached this Court.
3. The brief facts of the instant case as would appear from t
Compassionate allowance may be granted even after a delay, provided special circumstances are evaluated and considered by authorities per the applicable pension rules.
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....
Denial of compassionate allowance upheld due to prior misconduct and lack of compelling circumstances, with final decisions in disciplinary actions deemed conclusive.
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 main legal point established in the judgment is that the entitlement to compassionate allowance under Rule 65 of the Railway Services (Pension) Rules, 1993 should be determined based on the absen....
Compassionate allowances must consider the overall service and financial condition of the dismissed employee, as per established guidelines.
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.
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