Kerala High Court Answers : Can Compassionate Allowance Denied On The Ground That Wife And Children Are Employed?

Very recent, the Kerala High Court ruled that a government employee who was dismissed from service may not be denied consideration on special grounds just because his children and wife are employed.

The Bench of Justice V.G. Arun noted that even though a government employee removed from service might not be entitled to gratuity/pension, the competent authority can still sanction compassionate allowance in deserving cases.

In the instant case, the petitioner was appointed as a security guard in the CISF in 1972. The petitioner first availed of earned leave for 11 days then proceeded to take half-pay leave but even after the expiry of the leave period, the petitioner did not report for duty. Due to the petitioner’s actions, disciplinary proceedings were initiated against him and he was removed from service.

Later, the petitioner made a representation requesting pension and other benefits. After the government rejected his request, he made another representation seeking compassionate allowance under Rule 41 of CCS Pension Rules. 

As the petitioner did not get a response from the competent authority, he filed the instant writ petition in the Kerala High Court.

The High Court after referring to Rule 41 of CCS Pension Rules remarked that even though a government employee who is removed from service might not be entitled to gratuity or pension, the competent authority can still grant compassionate allowance in deserving cases.

The court also referred to Mahinder Dutt Sharma vs Union of India & Ors to conclude that in light of the said judgment the petitioner’s right to compassionate allowance is indisputable.

Accordingly, the court set aside the impugned judgment and directed the Director-General to consider the petitioner’s request for a compassionate allowance.

Title: S Surendran vs Director General of CISF

Case No.: WP(C) NO. 1214 OF 2020