Madhya Pradesh High Court
R.K. Basumatary vs Central Bank Of India on 21 April, 2026
Author: Vishal Dhagat
Bench: Vishal Dhagat
NEUTRAL CITATION NO. 2026:MPHC-JBP:30981
1 WP-13730-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 21st OF APRIL, 2026
WRIT PETITION No. 13730 of 2025
R.K. BASUMATARY
Versus
CENTRAL BANK OF INDIA AND OTHERS
Appearance:
Shri Narmada Prasad Choudhary - Advocate for petitioner.
Shri Abhinav Sunil Kherdikar - Advocate for respondents.
ORDER
Petitioner has filed this petition under Article 226 of Constitution of India making a prayer to issue direction to respondent Bank to grant compassionate allowance as per Central Bank of India (Employees') Pension Regulations, 1995.
2. Learned counsel appearing for petitioner submitted that petitioner was dismissed from service on 17/09/2009, but was granted compassionate allowance from May, 2023. It is submitted that since a decision has been taken to grant compassionate allowance, then same is to be granted from date of dismissal and not from the date of application filed by petitioner.
3. Counsel appearing for respondents relied upon judgment dated 18/05/2021 passed by Kerala High Court in Writ Appeal No.2210/2019 (V. Kesavan Nair Vs. Union of India & Others). In Said case Rule 41 of CCS (Pension) Rules, 1972 was examined by Court. It is submitted that Rule 41 Signature Not Verified Signed by: ANURAG SONI Signing time: 22-04-2026 12:21:53 NEUTRAL CITATION NO. 2026:MPHC-JBP:30981 2 WP-13730-2025 of CCS (Pension) Rules, 1972 is pari materia to Regulation 31 of Central Bank of India (Employees') Pension Regulations, 1995. In said case it was held that authority has absolute discretion to decide as to the time period from which allowance is to be paid and government employee who had suffered dismissal or removal from service and was granted compassionate allowance cannot claim that he is eligible to have same with effect from date of dismissal or removal as matter of right. It is submitted that in view of aforesaid judgment of Division Bench of Kerala High Court no interference is called for and petition be dismissed.
4. Heard counsel for the parties.
5. Rule 41 of CCS (Pension) Rules, 1972 is quoted as under :-
"Rule 41.Compassionate Allowance :
(1) A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity:
Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration, sanction a Compassionate Allowance not exceeding two - thirds of pension or gratuity or both which would have been admissible to him if he had retired on compensation pension. (2) A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than the amount of Rupees three thousand five hundred per mensem."
6. Regulation 31 of Central Bank of India (Employees') Pension Regulations, 1995 is quoted as under :-
31. Compassionate Allowance -
1. An employee, who is dismissed or removed or terminated from service, shall forfeit his pension :
Provided that the authority higher than the authority competent to dismiss or remove or terminate him from service may, if Signature Not Verified Signed by: ANURAG SONI Signing time: 22-04-2026 12:21:53 NEUTRAL CITATION NO. 2026:MPHC-JBP:30981 3 WP-13730-2025
(i) such dismissal, removal, or termination is on or after the 1st day of November, 1993, and
(ii) the case is deserving of special consideration, sanction a compassionate allowance not exceeding two-thirds of the pension which would have been admissible to him on the basis of the qualifying service rendered up to the date of his dismissal, removal or termination.
2. The Compassionate Allowance sanctioned under the proviso to sub-regulation (i) shall not be less than the amount of minimum pension payable under Regulation 36 of these regulations.
7. On comparing Rule 41 of CCS (Pension) Rules, 1972 and Regulation 31 of Central Bank of India (Employees') Pension Regulations, 1995 it is found that they are not pari materia. In Rule 41 of CCS (Pension) Rules, 1972 it has not been stated that compassionate allowance is admissible to him on basis of qualifying services rendered up to the date of his dismissal, removal or termination. Word used in Rule 41 is admissible to him, if he had retired on compensation pension. On careful reading of Regulation 31(1)(i) & (ii) it is found that on two conditions compassionate allowance can be granted; (i) dismissal, removal or termination is on or after first day of November, 1993. Said date is cut off date and only cases where dismissal order has been passed on or after November, 1993 is to be considered for grant of compassionate allowance.
(ii) only deserving cases under special consideration is to be granted compassionate allowance and regulation further lays down that same shall be admissible to him on basis of qualifying service rendered up to date of dismissal. Entire qualifying service up to date of dismissal is to be taken into consideration, therefore, if compassionate allowance is to be granted, Signature Not Verified Signed by: ANURAG SONI Signing time: 22-04-2026 12:21:53 NEUTRAL CITATION NO. 2026:MPHC-JBP:30981 4 WP-13730-2025 same is to be granted from date of dismissal if an employee is found fit for granting compassionate allowance under Regulation 31 of Central Bank of India (Employees') Pension Regulations, 1995.
8. In case of petitioner it is found that petitioner is having a deserving case for grant of compassionate allowance, therefore, qualifying service up to dismissal is to be taken into consideration and thereafter compassionate allowance not exceeding two-third is to be granted from date of dismissal, removal or termination. In view of same, Writ Petition is allowed. Respondents are directed to pay compassionate allowance to petitioner in accordance with Regulation 31 of Central Bank of India (Employees') Pension Regulations, 1995 from date of dismissal. Necessary steps be taken within period of 90 days from the date of receipt of certified copy of order passed today.
(VISHAL DHAGAT) JUDGE as Signature Not Verified Signed by: ANURAG SONI Signing time: 22-04-2026 12:21:53