JUDGMENT

The petitioner, who was serving with the Border Security Force (BSF) as a Constable, has filed the captioned writ petition seeking to challenge the proceedings at Ext.P8 issued by the 3^rd respondent refusing to extend the bene compassionate allowance with reference to the provisions of Rule 41 of the Central Civil Services (Pension) Rules , 1972 (hereinafter referred to as the ‘CCS Pension Rules’).

2. Heard Sri. R. Rajasekharan Pillai, the learned counsel for the petitioner, as well as Smt. Mini Gopinath, Senior Panel Counsel for the respondents.

3. It is noticed that the petitioner was serving with the BSF. He had availed two months’ leave from 20.04.1999 for the purpose of attending to his mother, who was stated to have been suffering from cancer and admitted to the hospital. However, the petitioner did not rejoin duty. Later, he was dismissed from service on 30.10.1999. Upon being dismissed from service, the petitioner sought the benefit of compassionate allowance with reference to the provisions of Rule 41 of the CCS Pension Rules. Ultimately, by the proceedings at Ext.P8, the 3^rd respondent herein issued an order refusing to extend the benefit of compassionate allow