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Documents citing Kamlesh Devi vs Govt. Of Nct Of Delhi Through on 12 May, 2011

Naresh Kumar vs Comm. Of Police on 14 September, 2018

8. From the perusal of the aforesaid judgments, I am of the view that the grant of compassionate allowance is not incumbent on any minimum qualifying years of service and that it is given in consideration of the services rendered by the official concerned. Even the authorities concerned have discretion to decide the quantum payable. I also notice that this case is squarely covered by the judgment of this Tribunal in Sumlesh Devi's case (supra).
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Chander Pal vs Comm. Of Police on 26 August, 2019

9. It is to be noted that reliance placed by the applicant on the decision of this Tribunal in the case of Sumlesh Devi 9 (supra) in support of applicant‟s claim, the respondents have challenged the same by filing a Writ Petition (Civil) No.9020/2018 in which while issuing notice to the said Sumlesh Devi, the Delhi High Court vide Order dated 6.12.2018 observed as under:-
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Hodil Singh vs Comm. Of Police on 30 August, 2019

9. It is to be noted that reliance placed by the applicant on the decision of this Tribunal in the case of Sumlesh Devi (supra) in support of applicant‟s claim, the respondents have challenged the same by filing a Writ Petition (Civil) No.9020/2018 in which while issuing notice to the said Sumlesh Devi, the Delhi High Court vide Order dated 6.12.2018 observed as under:-
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Jai Bhagwan vs Comm. Of Police on 31 August, 2018

He pointed out that same view has been followed by the Tribunal in the case of Sumlesh Devi Vs. GNCTD & Ors. (OA-3373/2016) on 26.04.2018, and strongly emphasized that pensionary benefits under Rule-41 of CCS (Pension) Rules, 1972 cannot be denied merely on the ground that the applicant has only 14 years of qualifying service in view of the clear observations of the Hon'ble High Court, holding otherwise.
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Rekha Devi vs Govt. Of Nct Of Delhi Through on 23 December, 2011

3. In view of this Rule, the respondents are not right when they stated that the applicants request for Compassionate Allowance could not be acceded to as there was no such provision in the Rules to grant Compassionate Allowance to the deceased family of the Government servant who was dismissed from service. As such, the impugned order is liable to be quashed on this very ground alone. Furthermore, the applicants counsel placed reliance on the judgment of the Delhi High Court dated 6.4.2011 in Writ Petition (Civil) No.20885/2005 in the matter of Additional Deputy Commissioner of Police vs. Ms. Anju, a copy of which is at Annexure A-4, and order of this Tribunal dated 9.4.2009 in OA No.1833/2008 in the matter of Kamlesh Devi vs. Govt. of NCT of Delhi and another, a copy of which is at Annexure A-5. Both these cases relate to Delhi Police. In the case of Ms. Anju Writ Petition filed by the Delhi Police against the order of this Tribunal granting Compassionate Allowance under Rule 41 of the CCS (Pension) Rules, 1972 to the applicant who was widow of deceased constable Shri Nidhi Kumar was dismissed. In the case of Kamlesh Devi, the respondents were directed to reconsider the claim of the applicant in the light of the decision of the Delhi High Court and of this Tribunal referred therein and pass appropriate order within a stipulated period. The learned counsel for the applicant Shri Anil Singal strongly urged that the Application be allowed by quashing the impugned order and the respondents be directed to consider the applicants claim for grant of Compassionate Allowance.
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