Back
JAGMOHAN BANSAL
Ram Chand – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jagmohan Bansal, J. (Oral)
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 07.01.2020 (Annexure P-5) whereby claim of the petitioner for compassionate allowance in terms of Rule 2.5 of Punjab Civil Service Rules Volume II has been declined.
2. The petitioner on 24.06.1975 joined Punjab Police as Constable and was promoted as Head Constable on 20.06.1980. He was further promoted as Assistant Sub Inspector w.e.f. 10.11.1990. He sought Ex-India leave from 05.11.1994 to 04.12.1994. He was supposed to re-join after completion of leave period, however, he failed to re-join and respondent initiated Disciplinary Proceedings against him. The Competent Authority after completing enquiry concluded that there is willful disobedience on the part of petitioner and accordingly Disciplinary Authority dismissed him from service. He unsuccessfully preferred appeal before the Appellate Authority. He preferred CWP No.15123 of 2013 before this Court seeking setting aside of order of dismissal. This Court vide order dated 17.07.2013 dismissed the said petition.
3. After dismissal of writ petition against orde
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.
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 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....
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
