The Kerala High Court ruled that a government servant cannot be denied special consideration for compassionate allowance merely for the reason that his wife or Children are employed.
The petitioner was appointed as Security Guard in the Central Industrial Security Force (CISF). While he was posted at the CISF Unit, National Fertilizers Limited, Nangal, petitioner availed earned leave for 11 days, followed by half-pay leave. The petitioner failed to report back for duty, after expiry of his leave period and kept on overstaying his leave. This resulted in disciplinary proceedings being initiated against the petitioner and the petitioner being removed from service. Thereafter, the petitioner was issued with a discharge certificate. According to the petitioner, he was not served with either a copy of Exhibit or any speaking order, disclosing the reason for his discharge. Exhibits evidence of the efforts taken by the petitioner and his wife for obtaining a copy of the proceedings by which he was discharged. Having failed in the attempt, petitioner preferred representation, requesting to sanction pension and other service benefits.
The petitioner argued that Exhibit P12 is liable to be set aside for the sole reason that the order was passed without considering the decision of the Apex Court in Mahinder Dutt Sharma v. Union of India and Others.
He contended that Rule 41 is intended to mitigate the misery of a deserving Government servant, irrespective of whether such person was dismissed or removed from service.
The Central Government contended that compassionate allowance under Rule 41(1) cannot be claimed as a matter of right. The discretion to decide which are the cases deserving special consideration is vested with the authority and the authority having exercised that discretion, the Court is not expected to interfere by invoking the extraordinary jurisdiction.
The single judge bench of Justice V.G.Arun noted that a close scrutiny of Rule 41 of the CCS Pension Rules, 1972 shows that, even though a Government servant dismissed or removed from service is not entitled for pension and gratuity, the competent authority can, in cases deserving special consideration, sanction compassionate allowance. For granting the benefit, ‘the case’ of the Government servant should be one deserving special consideration. The thrust is on the words ‘case deserving special consideration’.
The court said that the petitioner’s wife and children being employed cannot, by itself, lead to the conclusion that the petitioner’s case does not deserve special consideration.
The court set aside the Exhibit P12 order and directed the respondent to reconsider the petitioner’s request for compassionate allowance and pass orders thereon within two months.
Case title: S.Surendran v/s the Director General of Central Industrial Security Force and Ors.
Citation: WP(C) NO. 1214 OF 2020