Compassionate allowance claims under CCS (Pension) Rules require specific criteria to be met, as established in Mahinder Dutt Sharma v. Union of India.

1. The judgment dated 11.02.2022 rendered by the learned Single Judge in the instant Writ Petition (Civil), WP(C).No.1214/2020, is the subject matter of challenge in this intra court appeal filed under S.5(i) of the Kerala High Court Act, 1958 .

2. The appellants in the writ appeal are the respondents in the writ petition and the sole respondent in the writ appeal is the sole petitioner in the writ petition.

3. The prayers in the instant writ petition, WP(C) No.1214/2020, are as follows;
“i) To quash Exhibit P12 as arbitrary and illegal.
ii) To declare that the petitioner is entitled for grant of compassionate allowance as provided under R.41 of the
CCS (Pension) Rules read with Government of India instructions on the subject.
iii) Issue a writ of mandamus directing the respondents to grant compassionate allowance to the petitioner under R.41 of the CCS (Pension) Rules read with Government of India Instructions on the subject w.e.f the date of his discharge. and
(iii) Issue such other appropriate writ, order or direction as deemed fit and proper by this Honourable Court in the facts and circumstances of the case

4. The order under challenge in the above writ petition is the impugned Ext.P12 proceedings dated 21.04.2019 issued by the 1st respondent in the writ petition, whereby the claim of the writ petitioner for grant of compassionate allowance in terms of R.41 of the Central Civil Services (Pension) Rules, 1942 [for short, CCS (Pension) Rules], has been rejected.

5. The brief recitals to the facts of this case would be pertinent. The writ petitioner was initially appointed as Security Guard in the Central Industrial Security Force on 05.08.1972 and he had availed earned leave for 11 days from 16.08.1983 to 08.09.1983 followed by half pay leave from 09.09.1983 to 19.09.1983. Thereafter, he had failed to report back for duty on 20.09.1983 after expiry of his leave period and it resulted in overstaying after leave. This led to initiation of disciplinary proceedings against him and by Ext.R2(a) order dated 03.07.1984, he was ordered to be removed from service. Ext.P1 is the Discharge Certificate issued to him on 12.12.1984. The petitioner has contended that he was not served with a copy of Ext.R2(a) or any speaking order, disclosing the reason for his discharge, and that, he and his wife had made consistent efforts to secure details as evident from Ext.P2 to P6. Ultimately, he has filed Ext.P7 representation dated 04.04.2019 before the 1st respondent in the writ petition for sanction of pension and other service benefits. The plea in Ext.P7 is rejected, as per Ext.P9 order dated 27.04.2019, on the ground that a Government servant removed from service is not entitled for pension, gratuity or other terminal benefits. After that, he has filed Ext.P10 representation on 06.07.2019, claiming consideration for grant of compassionate allowance under R.41 of the CCS (Pension) Rules read with instructions issued by the Government of India on the subject. Since no action was taken thereon, he was constrained to file WP(C) No.21751/2019 before this Court, which resulted in Ext.Pn judgment dated 19.08.2019, whereby the 1st respondent in the writ petition was directed to consider and take a decision on Ext.Pio representation dated 06.07.2019 in accordance with law. Thereafter, the 1st respondent in the writ petition has issued the rejection order as per Ext.P12 proceedings dated 21.04.2019, rejecting his claim for compassionate allowance under R.41 of the CCS (Pension) Rules. The brief grounds cited in support of the rejection of the plea as contained in para 4 of Ext.P12 reads as follows;
“4. On going through the su