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1 - 10 of 12 (0.37 seconds)Ex.L/Nk Mahabir Prasad vs Uoi & Ors. on 26 August, 2010
In Mahabir Prasad (supra), this Court considered the precedents
dealing with the discretion to grant compassionate allowance. In
particular the following cases were taken into consideration:
Anna Deoram Londhe Deceased Through His ... vs State Of Maharashtra on 10 June, 1998
In Anna Deoram Londhe (supra), the petitioner had been
removed from service for misconduct, on account of his conviction
under Section 325 of the Indian Penal Code. However, since such
misconduct was not connected with the discharge of his duties and
that the petitioner had put in more than thirty (30) years of service
and was found to be otherwise eligible for superannuation or
retiring pension, the Court held that the petitioner was entitled to
compassionate pension because removal from service for the
misconduct would not be sufficient ground to deny him the benefit
of compassionate pension.
Narayana Pillai Thankappan Nair vs State Of Kerala on 14 February, 2008
In Thankappan Nair v. State of Kerala 2001 (3) Ker 464
(W.A. No. 2966/2000) decided on 03.10.2001, the Division
Bench of High Court of Kerala thought fit to direct
reconsideration of a dismissed officer's request for
Compassionate Allowance for which he had applied 28 years
after this dismissal.
Section 325 in The Indian Penal Code, 1860 [Entire Act]
The Border Security Force Act, 1968
Ex. Asi Shadi Ram vs Government Of Nct Of Delhi And Ors. on 22 February, 2008
11. This Court is of the view that it is such circumstances as the
present, which require compassionate consideration. It is pertinent
to note that in Shadi Ram (supra), the officer concerned was
charged with illegal gratification, while the present case is of
disproportionate assets. The former being a far more serious
charge and compassionate allowance having been granted, this
Court is of the view that a conviction for disproportionate assets of
Rs.93,000/-, the petitioner, whose service of thirty (30) years
otherwise shows merit, has also reached the second highest rank in
his cadre through promotion on merit, should be granted
compassionate allowance especially since he would have
otherwise qualified for regular pension and gratuity. While the
passage of time would not extenuate the seriousness of the charge
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WP (C) No.2139 of 2012 Page 11 of 12
or the punishment, the entire tenure needs to be assessed and not
be confined to the incident which led to his dismissal from service.
The punishment meted out was the severest that could have been
in the circumstances, i.e., he was dismissed from service without
any pensionary benefits. The personal circumstances of the
petitioner as narrated hereinabove too show a difficult disposition:
Section 13 in The Prevention of Corruption Act, 1988 [Entire Act]
Mithlesh Sharan Sharma vs State Of Rajasthan And Ors. on 17 October, 2003
he and his wife‟s advanced age and their corporal frailty tormented
by afflictions without familial support are aggravating
circumstances deserving a compassionate view a la Mithilesh
Sharan Sharma (supra). This Court is of the view that de hors the
disproportionate assets case, the petitioner, whose service of 30
years otherwise shows merit, should be granted compassionate
allowance.
R.S. Sharma vs Union Of India (Uoi) And Anr. on 11 November, 2003
Similarly a Division Bench of Bombay
High Court in R.S. Sharma v. Union of India and Anr. :