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 misconduct.

ORDER

By Hon’ble Mr. Manish Garg, Member (J):

In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:–

“(l) Quash and set aside the impugned Order dated 26/05/2023;

(2) Direct the Respondents to consider and fix the Compassionate allowance to the Applicant;

(3) Direct the Respondent No. 1 to pay arrears of compassionate allowances to be paid from 19/09/2013, the date of the Removal of the Applicant from service;

(4) Pass such other order as this Hon'ble Tribunal may deem fit and proper in the interest of justice.”

2. Highlighting the facts of the case, learned counsel for the applicant submitted as under:

2.1. The impugned rejection of the applicant’s request for compassionate allowance is arbitrary, non-speaking and contrary to Rule 41 of the CCS (Pension) Rules, 2021 and the settled law.

2.2 The applicant, who rendered years of unblemished and meritorious service, was removed from service on the allegation of involvement in a criminal case under the Prevention of Corruption Act, in which he was convicted and sentenced by the Trial Court; however, the said conviction and sentence are presently under challenge in a criminal appeal, which is still pending adjudication. Hence, the finding of guilt has not attained finality.

2.3 Learned counsel contended that mere pendency of such conviction cannot automatically disentitle the applicant from consideration under Rule 41 , which is a benevolent provision meant to address cases of hardship. Rule 41 of the CCS (Pension) Rules, 2021 reads as under:

“41. Compassionate allowance.—

(1) A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity:

Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration, sanction a compassionate allowance not exceeding two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on superannuation pension.

(2) The competent authority shall, either on its own or after taking into consideration the representation of the Government servant, if any, examine whether any compassionate allowance is to be granted and take a decision in this regard in accordance with the proviso to sub-rule (1) not later than three months after the date of issue of the order imposing the penalty of dismissal or removal from service.

(3) The competent authority shall consider—

(a) each case of dismissal and removal from service on its merit to decide whether the case deserves special consideration for sanction of a compassionate allowance and, if so, the quantum thereof;

(b) the actual misconduct which occasioned the penalty of dismissal or removal from service and the kind of service rendered by the Government servant; and

(c) in exceptional circumstances, factors like family members dependent on the Government servant along with other relevant factors.

(4) Where an order imposing the penalty of dismissal or removal from service was issued before the date of commencement of these rules and the competent authority, at that time, did not examine or decide whether or not any compassionate allowance was to be granted in that case, that authority shall take a decision in this regard not later than six months from the date of commencement of these rules.

(5) No compassionate allowance shall be sanctioned after the expiry of the aforesaid period of six months to a Government servant on whom a penalty of dismissal or removal from service was imposed before the date of commencement of these rules.

(6) A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than