K. Balakrishnan Nair, J.

The point that arises for consideration in this Appeal is whether a Government servant dismissed for a serious misconduct is eligible for compassionate pension under R. 5 of Part II of Kerala Service Rules. The relevant facts of the case are as follows:

2. The appellant who was a police constable was dismissed from service on 4.10.1970 for accepting an illegal gratification of Rs. 43/-. At the time of dismissal, he had about eighteen years of service. The appellant submitted Ext. P1 representation dated 21.9.1999 praying that he may be granted compassionate pension. The grounds, according to the appellant, justifying the grant of compassionate pension were stated in Ext. P1. According to him, he is living in penury. He is having a family consisting of his wife and five children. His three sons are unemployed. His wife is suffering from cancer and is undergoing treatment at Regional Cancer Centre. He has incurred a huge debt for her treatment. He is also not keeping good health. On coming to know of the existence of the rule in the nature of R. 5(a), he represented on 19.1.1998 praying for the grant of compassionate allowance. It was followed by Ext.