This court disposed of a writ petition seeking compassionate allowance and gratuity granted liberty to the petitioner to file a detailed representation before the relevant authority.
Liberty granted to file detailed representation within two weeks; authority directed to pass orders within two months if representation filed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 13TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945
WP(C) NO. 27348 OF 2019
PETITIONER:
ANILKUMAR.C
AGED 49 YEARS
NO.902982312,
KODUKAITHAPRAMBIL,
KATTILMARKET P.O.,
THAMALLACHAL,
ALAPPUZHA - 690 514.
BY ADVS.
R.RAJASEKHARAN PILLAI
SMT.SABINA JAYAN
DR.SHERINE JOSEPH
RESPONDENTS:
1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, BLOCK NO. 10, 5TH FLOOR CGO, COMPLEX, LODHI ROAD, NEW DELHI - 110 003.2 THE DIRECTOR GENERAL, BOARDER SECURITY FORCE, BLOCK NO. 10, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003.3 THE DEPUTY INSPECTOR GENERAL SHQ BSF, KISHANGUNJ, KISHANGUNJU P.O., KISHANGUNJ DISTRICT, BIHAR - 855 107.4 THE COMMANDANT HQR 135 KHAGARA, KISHANGUNJ DISTRICT, BIHAR - 855 107.BY ADV SRI.HARIDAS P.NAIR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.27348 OF 2019
2
JUDGMENT
(Dated this the 13th day of March, 2024)
The petitioner has approached this Court with the following
reliefs:
“(i) Issue a writ of mandamus or other appropriate writ order or direction to the respondents to consider the petitioners eligibility for Compassionate Allowance in the light of the mandate of the Apex Court in Mahinder Dutt Sharma’s case 2014(XI)SCC 684 and also Government of India Finance Department’s latest OM and pass appropriate orders as expeditiously as possible.
(ii) Issue a writ of mandamus or other appropriate writ order or direction directing the respondent to sanction Compassionate allowance and gratuity under the proviso to Rule 41 of the CCS Pension Rules w.e.f. December, 2000.”
2000, he was granted 2 months leave to attend to his brother who was mentally sick. He requested an extension of leave but was rejected but he did not rejoin duty in time. Therefore, it was held that the petitioner was in unauthorized absence, and disciplinary proceedings were initiated against the petitioner and was dismissed from service . His request for resignation but was also turned down. The case of the petitioner is that he is entitled to
WP(C) No.27348 OF 2019
3
compassionate allowance as contemplated under Rule 41 of the CCS (Pension) Rules and the petitioner is entitled to the same in the light of the declaration in the judgment of the Apex Court in Mahinder Dutt Sharma v. Union of India reported in (2014) 11 SCC 684.
any compassionate allowance till now. Therefore, the petitioner is given liberty to file a detailed representation before the 2nd respondent within a period of two weeks from today. If such a representation is filed, the 2nd respondent or any other competent authority is directed to take up the representation filed by the petitioner and pass appropriate orders within a period of two months thereafter.
This writ petition is disposed of accordingly.
Sd/-
BASANT BALAJI
JUDGE
sms
WP(C) No.27348 OF 2019
4
APPENDIX OF WP(C) 27348/2019
PETITIONER EXHIBITS
EXHIBIT P1THE TRUE COPY OF THE COMMUNICATION DATED
07.04.2000 FROM THE 4TH RESPONDENT TO
THE PETITIONER.
EXHIBIT P1ATRUE COPY OF THE COMMUNICATION DATED
30.10.2000 FROM THE 4TH RESPONDENT TO
THE PETITIONER.
EXHIBIT P2TRUE COPY OF THE LETTER DATED 26.08.2019
FROM THE 4TH RESPONDENT TO THE
PETITIONER.
2 issues framed by the court
Whether the petitioner is eligible for compassionate allowance and gratuity under the proviso to Rule 41 of the CCS Pension Rules.
Whether to pass orders under the mandate of the Apex Court in Mahinder Dutt Sharma’s case.
ANILKUMAR.C
THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS
THE DIRECTOR GENERAL, BOARDER SECURITY FORCE
THE DEPUTY INSPECTOR GENERAL SHQ BSF, KISHANGUNJ
THE COMMANDANT HQR 135 KHAGARA, KISHANGUNJ DISTRICT, BIHAR
BASANT BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court