TOM MATHEW EX-CONSTABLE (BSF)NO.87700811 vs UNION OF INDIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 10354

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
TOM MATHEW EX-CONSTABLE (BSF)NO.87700811 – Appellant
Versus
UNION OF INDIA – Respondent

Advocates:
For the Appellants/Petitioners: Sri.R.Rajasekharan Pillai
For the Respondents: Smt.Mini Gopinath, SENIOR PANEL COUNSEL

Table of Content
1. discussion on entitlement to compassionate allowance. (Para 1 , 3)
2. arguments presented regarding wrongful dismissal. (Para 2 , 4)
3. court's observations regarding desertion and principles adherence. (Para 5)

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 compa

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