Mansimran Kaur

New Delhi, May 13, 2022: In a case pertaining to the compensation pension of a government servant. the Delhi High Court has held that  Rule 49(1) of the CCS (Pension) Rules, 1972 does not govern the benefit of compassionate allowance but relates to quantum of compensation, whereas grant of pension has to be dealt within Rule 35-41 which enumerate that the compensation pension is not relatable to the length of service rendered by the government servant

Considering a  petition seeking release of the amount of compensation pension, the  Division Bench of Justice Suresh Kumar Kait and Justice Sudhir Kumar Jain said, “The aforesaid observations make it manifestly clear that compensation pension is not relatable to the length of service rendered by the government servant and if the case is deserving, then special consideration has to be provided by the competent authority.” 

Facts in brief were that the petitioner claimed to be recruited to the post of Constable in the year 1994 by the Central Reserve Police Force.  According to the petitioner, on March 17, 2003 an argument took place between the petitioner and his superiors with respect to a training exercise undertaken by the petitioner and the petitioner was suspended from the said service and was eventually dismissed  on August 20, 2003. Pursuant to this, the petitioner preferred a petition and the same was dismissed. Even the revision petition preferred against the dismissal order was also dismissed on May 12, 2004. However, later the first respondent sanctioned compensation pension. Consequently, the petitioner claimed that he received the modification order subsequent to which a letter was received by the petitioner denying any entitlement of compassionate allowance.

Aggrieved by the same, the present petition was filed by the petitioner seeking to quash the said order with direction to first respondent to release the amount towards compensation pension along with service gratuity w.e.f. August 21, 2003 in terms of its order(s) dated June 15, 2016 and November 9, 2017 to pay interest @ 12% pa on the aforesaid sums towards compassionate allowance from June 15, 2016 till the payment is made to the petitioner.

The Delhi High Court stated that the grant of compassionate allowance granted to the petitioner stood withdrawn pursuant to the aforesaid order dated September 22, 2020 in view of Rule 41 of CCS (Pension) Rules, 1972.

It was further observed that in the present case the competent authority at the first instance took a lenient view and granted compensation through a letter dated June 15, 2016. However, later on the Department of Personnel and Administrative Reforms took the view that petitioner’s qualifying service period is less than 10 years and hence, no pension was admissible but 2/3rd of gratuity under Rule 41 r/w Rule 49(1) was admissible. Also, it was not the case of respondents that in the past a government employee was never kept in a special consideration zone or provided compensation pension, Court remarked. 

In light of the above findings, the Court set aside the impugned order dated September 22, 2020 and the competent authority was directed to release the amount along with the service gratuity. Accordingly, the petition was disposed of. 

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