PHOOLWATI Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Rule 41 of the CCS (Pension) Rules requires that a Government servant who is dismissed or removed from service shall forfeit his pension and gratuity, but subject to the Proviso; as per which the Competent Authority may if the case is deserving of special consideration sanction a compassionate allowance not exceeding 2/3rd of pension or gratuity or both.

(2.) Petitioner's attempt to obtain a compassionate allowance from the Tribunal had failed when OA No.2287/2011 filed by her was dismissed by the Tribunal on November 24, 2011. Prior thereto, request made by her to be paid compassionate allowance was rejected by the Competent Authority.

(3.) The petitioner is relying upon a Government of India instruction issued vide OM No.3(2)-R-II/40 which reads as under:-