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3. After issue of notices, the respondents have filed their reply stating that the applicant, Ex-Enforcement Officer of Regional Office, Rajasthan, was trapped by CBI and was caught red-handed on 08.02.1995 accepting bribe of Rs. 2,500/- and was placed under suspension w.e.f. 14.02.1995. Subsequently, on receipt of SP, CBI's report, sanction for prosecution was accorded vide order dated 26.05.1995. Charge sheet was filed by CBI against the applicant in the Court of Special Judge, CBI, Jodhpur on 31.05.1995. The applicant was awarded a sentence of six months of simple imprisonment and was imposed a fine of Rs. 1,000/- for his conviction under Section 7 of the Prevention of Corruption Act, 1988 vide order dated 23.12.2000 passed by the Special Judge, CBI, Jodhpur. He was further awarded a sentence of one year of simple imprisonment and a fine of Rs. 2,000/- for his conviction under Section 13 (2) read with Section 13 (1)(d) of the said Act with the stipulation that both the sentences shall run concurrently and with further stipulation that in case of the applicant's failure to pay the fine of Rs. 1,000/-, he has to undergo simple imprisonment for one month and on failure to pay the fine of Rs. 2,000/-, he has to undergo a simple imprisonment for two months. On the said conviction, applicant was dismissed from service vide order dated 25.05.2001 passed by the Central P F Commissioner in exercise of the powers conferred upon him by Rule 8(3) of the EPF Staff (CC&A) Rules, 1971. More than 16 years have passed after dismissal order as representation was given by the applicant on 24.02.2016 for grant of compassionate allowance. Compassionate Allowance under Rule 41 of the CCS (Pension) Rules, 1972 cannot be claimed as a matter of right as it is the discretion of the competent authority to allow the same. Applicant has filed this O.A. in the month of December, 2016 whereas the dismissal order was passed in the year 2001. There is no justification given by the applicant for the delay for claiming compassionate allowance, which was not claimed by him since 2001. Also representation seeking compassionate allowance has been submitted by the applicant after 15 years of dismissal order and there is no justification for the same. In the present case, there has been no recommendation by the Head of Office for grant of compassionate allowance nor the order of dismissal issued by the competent authority has recommended any compassionate allowance. Thus, the present O.A. is not maintainable and the same deserves to be dismissed. In support of their contentions, the respondents have relied upon the judgment of the Hon'ble High Court of Rajasthan, Jaipur Bench, passed in the case of Sheela Devi (Smt.) vs. Union of India & Ors., (D.B. Civil Writ Petition No. 2201 of 2005), decided on 05.10.2010.

5. Applicant has not filed any rejoinder denying the contentions of the respondents.

6. We have heard learned counsels for the parties at length and considered the pleadings of the parties as well as the judgments relied by the parties

7. The applicants as well as the respondents have reiterated their submissions as stated earlier.

8. The factual matrix of the case is that the applicant, who was Ex-Enforcement Officer of Regional Office, Rajasthan was trapped by CBI and was caught red- handed on 08.02.1995 while demanding and accepting bribe of Rs. 2,500/- and he was placed under suspension w.e.f. 14.02.1995. Subsequently, on receipt of SP, CBI's report, sanction for prosecution was accorded vide order dated 26.05.1995. The charge sheet was filed by Central Bureau of Investigation against the applicant in the Court of Special Judge, CBI, Jodhpur on 31.05.1995. The Special Judge, CBI, Jodhpur has passed a judgment on 23.12.2000 awarding a sentence of six months of simple imprisonment and imposing a fine of Rs. 1,000/- on the applicant for his conviction under Section 7 of the Prevention of Corruption Act, 1988. He was further awarded a sentence of one year of simple imprisonment and a fine of Rs. 2,000/- for his conviction under Section 13 (2) read with Section 13 (1)(d) of the said Act with the stipulation that both the sentences shall run concurrently and with further stipulation that in case of the applicant's failure to pay fine of Rs. 1,000/-, he has to undergo simple imprisonment for one month and on failure to pay fine of Rs. 2,000/-, he has to undergo a simple imprisonment for two months. On conviction by the Special Judge, CBI, Jodhpur, applicant was dismissed from service vide order dated 25.05.2001, (Annexure A/1), by the Central P F Commissioner in exercise of the powers conferred upon him by Rule 8(3) of the EPF Staff (CC&A) Rules, 1971.

12. We feel that the competent authority has considered the claim of the applicant in all aspects and then after proper application of mind has come to the conclusion that the applicant is not entitled for compassionate allowance. Even the grounds raised by the applicant are not convincing and are not sustainable.

13. As far as the judgment of the Hon'ble Supreme Court passed in the case of Mahinder Dutt Sharma (supra), relied upon by the applicant, is concerned, the facts of that case are not applicable to the present case. In the case of Mahinder Dutt Sharma (supra), disciplinary action was initiated against him on account of his continuous absence from duty w.e.f. 18.01.1995, and finally he was dismissed from service vide order dated 17.05.1996 after holding disciplinary enquiry. The Hon'ble Supreme Court, after taking into account the facts and circumstances of the said case, set aside the order dated 25.04.2005 passed by the authority rejecting the prayer made by the appellant for grant of compassionate allowance. The order passed by the Tribunal 28.02.2006 as well as order passed by the Hon'ble High Court dated 13.11.2006 were also set aside and the Competent Authority was directed to re-consider the claim of the appellant for the grant of compassionate allowance under Rule 41 of the Pension Rules, 1972. However, the case of the present applicant is totally different to the case of Mahinder Dutt Sharma. The present applicant was trapped by CBI and was caught red-handed on accepting bribe of Rs. 2,500/- and he was placed under suspension w.e.f. 14.02.1995. The charge sheet was filed by CBI against the applicant in the Court of Special Judge, CBI, Jodhpur on 31.05.1995. The Special Judge, CBI, Jodhpur has passed a judgment on 23.12.2000 awarding a sentence of six months of simple imprisonment and imposing a fine of Rs. 1,000/- on the applicant for his conviction under Section 7 of the PC Act, 1988. He was further awarded a sentence of one year of simple imprisonment and a fine of Rs. 2,000/- for his conviction under Section 13 (2) read with Section 13 (1)(d) of the said Act with the stipulation that both the sentences shall run concurrently and with further stipulation that in case of the applicant's failure to pay fine of Rs. 1,000/-, he has to undergo simple imprisonment for one month and on failure to pay fine of Rs. 2,000/-, he has to undergo a simple imprisonment for two months. On conviction by the Special Judge, CBI, Jodhpur, applicant was dismissed from service vide order dated 25.05.2001 by the Central P F Commissioner in exercise of the powers conferred upon him by Rule 8(3) of the EPF Staff (CC&A) Rules, 1971.