The court emphasized the necessity of procedural fairness in administrative decisions regarding compassionate allowances, stating that jurisdictional errors undermine the legality of such orders.

ORDER

PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)

1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act , 1985, seeking following relief:-

a) Quash Order No. F.9-90/2002-KVS(Vig.)/3099-3103 dated 18.04.2016, (Annexure A-1) and order dated 25.01.2017 (Annexure A-2) issued by Respondent No. 2 having no jurisdiction wherein the representation of the Applicant dated 15.02.2016 for grant of Compassionate Allowance under Rule 41 of CCS(Pension) Rules, 1972 along with interest 18% w.e.f. the date the amount became due till the actual date of payment and also release of cash value of the un-utilized leave at the credit of the Applicant as on 19.08.2002 along with interest @ 18% w.e.f. the date the amount became due till the actual date of payment has been rejected.

b) To direct the Respondents to modify the sanction dated 15.03.2016 (A-3) to the extent that the applicant is paid pension and gratuity both @ 2/3rd of the pension and gratuity otherwise admissible for the service rendered.

c) Direct the Respondents to release cash value of leave unutilized with interest.

d) For issuance of directions to the Respondents to grant the Compassionate Allowance to the Applicant w.e.f. 19.08.2002 at the rate of 2/3 of the pension and gratuity both and to release the arrears thereof along with interest @ 18% w.e.f. the date the amount became due till the actual date of payment and to release cash value of the unutilized leave at the credit of the applicant as on 19.08.2002 along with interest @18% w.e.f. the date the amount became due till the actual date of payment with all consequential benefits.

2. Facts of the case, as pleaded by the applicant are that the applicant joined service as Trained Graduate Teacher (TGT- Sanskrit) on 19.07.1979. He was selected as Post Graduate Teacher (PGT-Hindi) and joined as such in July 1984. On 02.2.1996, the applicant was issued charge-sheet under Rule 14 of CCS (CCA) Rules, 1965 and he submitted his reply on 17.02.1996. On 12.06.2002, regular departmental inquiry was held in which report is submitted by the Inquiry Officer. Disciplinary Authority vide order dated 19.08.2002 imposed the penalty of "Removal from Service" which is not a bar for future Government Service. Applicant submitted an Appeal against the order of removal dated 19.08.2002. Appeal of the applicant is also rejected on 16.10.2003. Applicant filed O.A. No. 1255-PB-2003 assailing the orders dated 12.06.2002, 19.08.2002 and 16.10.2003. The O.A. is dismissed vide order dated 29.06.2004. Order of the Tribunal was challenged by the applicant before the Hon’ble Punjab and Haryana High Court, was dismissed vide order dated 27.07.2006. Thereafter, SLP filed by the applicant was dismissed by Hon’ble Apex Court on 02.01.2006 and Review Petition was also dismissed by the Hon’ble Apex Court on 27.07.2006. The applicant made representations for grant of pensionary benefits, available under Rule 41 of the CCS (Pension) Rules, 1972 (Annexure A-4 and A-5). Respondent No.2 requires the competent authority i.e. Respondent No. 4 to take a decision on the representations of the applicant. Representations of the applicant were rejected by authority, which was not the competent authority.

3. The Applicant filed the Original Application No.060/00539/2015 before this Hon’ble Tribunal challenging the order dated 28.05.2015. Vide order dated 21.01.2016, the said Original Application was disposed of with direction to the applicant to make a representation which shall be decided by the Respondents