Delhi High Court - Orders
Govt Of Nct Of Dlehi & Ors vs Ex. Ct. Ishwar Singh on 16 January, 2023
Author: V. Kameswar Rao
Bench: V. Kameswar Rao, Anoop Kumar Mendiratta
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12161/2018 & CM APPL. 47193/2018
GOVT OF NCT OF DLEHI & ORS ..... Petitioners
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Ms. Tania
Ahlawat, Mr. Nitesh Kumar Singh,
Ms. Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam, Advs.
versus
EX. CT. ISHWAR SINGH ..... Respondent
Through: Mr. U. Srivastva and Mr. M. K. Gaur,
Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 16.01.2023
1. This is a petition challenging the order dated July 09, 2018 passed by the Central Administrative Tribunal ("Tribunal", hereinafter), whereby the Tribunal has allowed the claim of the respondent herein, for compassionate allowance under Rule 41 of the CCS (Pension) Rules, 1972 w.e.f. the date of removal of the petitioner from service.
2. The facts as noted from the record are that the respondent was appointed in Delhi Police as a Constable on March 04, 1974. During his posting in North District, he remained absent from duty for 161 days 02 hours 20 minutes on five different occasions. Accordingly, disciplinary proceedings were initiated and he was removed from service vide order Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:20.01.2023 11:28:02 dated September 08, 1997. The respondent filed an appeal against the order of removal, which was rejected by the appellate authority on June 26, 2000. Further, the respondent filed an Original Application being OA No. 2922/2002, which was also dismissed.
3. On May 20, 2016, the respondent submitted a representation seeking compassionate allowance under Rule 41 of the CCS (Pension) Rules. As the said request was not acceded to, the petitioner filed another O.A. No.2464/2016, making a claim for compassionate allowance. The same was withdrawn with liberty to file representation with the petitioners herein. The said representation was decided by the petitioners vide order dated April 05, 2017, whereby, the petitioners granted compassionate allowance to the respondent w.e.f. April 05, 2017.
4. The respondent on July 10, 2017 filed the O.A.No.2315/2017, seeking compassionate allowance w.e.f. the date of removal, wherein, the impugned order dated July 09, 2018 has been passed by the Tribunal, directing the petitioners to grant the compassionate allowance to the respondent w.e.f., the date of removal, i.e., w.e.f., September 08, 1997.
5. The submission of learned counsel for the petitioners is that the respondent having been removed from service could not have claimed compassionate allowance w.e.f., date of removal. According to her, the purpose of granting compassionate allowance is to tie over a situation arisen because of removal of the employee from service. But the fact the respondent has sustained himself between the years 1997 to 2016 on his own could not have been granted compassionate allowance, w.e.f., 1997, by the Tribunal.
6. On the other hand, Mr. Srivastva though would justify the order of the Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:20.01.2023 11:28:02 Tribunal, alternatively state that the compassionate allowance granted by the Tribunal can be confined to a period three years, before the filing of the O.A. No. 2315/2017, as the claim made by the respondent is a money claim. There is no dispute that the petitioners have considered the representation of the respondent for compassionate allowance and has acceded to his request, though prospectively. In other words, the petitioners concurred with the respondent that his removal from service requires a compassionate consideration and accordingly, granted compassionate allowance.
7. But the issue is whether the same could have been granted from the date of removal. The answer has to be in the negative as the respondent could able to sustain himself for 19 long years, despite removal, as no claim was made before 2016. The petitioners having granted the benefit to the respondent and in view of the submission Mr. Srivastava that the compassionate allowance be granted from three years before the filing of the OA; taking the said submission on record, we dispose of the writ petition by setting aside the order of the Tribunal dated July 09, 2018, only to the extent that the compassionate allowance as granted to the respondent, shall be from three years preceding the filing of the OA 2315/2017 (wherein, the impugned order has been passed) and not from the date of removal of respondent from the services.
8. The order shall be complied within eight weeks from today.
9. No costs.
V. KAMESWAR RAO, J ANOOP KUMAR MENDIRATTA, J JANUARY 16, 2023/ds Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:20.01.2023 11:28:02