IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON
A.K. Thankappan – Appellant
Versus
Union of India Rep. by the Secretary, New Delhi – Respondent
JUDGMENT :
HARISANKAR V. MENON, J.
1. The petitioner had enrolled in the service of the Border Security Force (‘BSF’ for short) as a Constable in the year 1969, and pursuant to the disciplinary proceedings initiated against him, he was discharged from service in the year 1977. The allegation against the petitioner was with reference to a scuffle between certain employees of BSF. Contending that the co-accused had only been provided a lesser punishment, the petitioner had challenged his discharge before this Court, unsuccessfully. Later in the year 2016, contending that the petitioner had to undergo treatment for some neurological disorders, he sought for compassionate allowance under the provisions of Rule 41 of the CCS (Pension) Rules, 1972 (hereinafter referred to as the “Rules” for brevity). The said claim was sought to be enforced by filing a writ petition before this Court, which was rejected by a learned Single Judge, essentially on the ground of lack of territorial jurisdiction. In an appeal filed at the instance of the petitioner, a Division Bench of this Court in W.A.No.1664 of 2018, by a judgment dated 06.09.2018, found that this Court had jurisdiction and directed the auth
Compassionate allowance can be granted under extraordinary circumstances even if the applicant lacks pensionable service, as per Rule 41 of CCS Pension Rules.
The court clarified that compassionate allowance does not apply in desertion cases per CCS Pension Rules.
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....
Compassionate allowances must consider the overall service and financial condition of the dismissed employee, as per established guidelines.
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....
The court held that the denial of compassionate allowance must include a comprehensive evaluation of all circumstances, particularly the applicant's financial situation, rather than solely relying on....
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 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 pension may be granted despite dismissal for absenteeism if there is no moral turpitude involved, highlighting the limited scope of review under the Code of Civil Procedure.
Compassionate allowance under Rule 2.5 of Punjab Civil Service Rules is distinct from pension and must be evaluated independently, regardless of prior dismissal for misconduct.
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