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RAVI SHANKER JHA, ARUN PALLI
Jagdish Chander – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Arun Palli, J.
This is an intra Court appeal, under Clause X of the Letters Patent, against an order and judgment dated 17.01.2023, rendered by the learned Single Judge, vide which, the writ petition preferred by the appellant was dismissed.
2. The facts that are required to be noticed are limited.
3. The appellant was employed with the respondent-department as Kanungo. He was implicated in FIR No.88 dated 07.06.1995, under Sections 420 , 465, 467, 468, 471, 193 and 120-B of IPC, at Police Station, City Abohar. He was convicted by the Sub Divisional Judicial Magistrate, Abohar, on 28.11.2001, and sentenced for a period of two years under Section 467 and 1 year under Sections 120-B, 465, 468 and 471 IPC. His appeal against conviction was dismissed on 12.03.2004. Vide order dated 16.10.2008, the appellant was dismissed from service by the District Collector, Ferozepur, being guilty of criminal misconduct. Where-after, in a criminal revision No.763 of 2004, filed by him and which was pending, this Court, vide judgment dated 22.11.2011, reduced his sentence under Section 467 IPC to 1 year instead of 2 years. Further, in an SLP, preferred against the said judgment, the Supreme C
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.
Compassionate allowances must consider the overall service and financial condition of the dismissed employee, as per established guidelines.
Dismissal from service – Compassionate allowances - While granting compassionate allowance authority has absolute discretion to decide as to time period from which allowance is to be paid and a gover....
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 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 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....
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....
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