V G RAMACHANDRAN NAIR Vs. CHAIRMAN

JUDGEMENT

(1.) The petitioner entered service of the Kerala State Electricity Board as a lineman on 22-7-1962. On certain allegations of misconduct involving acceptance of bribe of Rs. 100/-, the petitioner was dismissed from service on 20-8-1990 by Ext. P1 order, which has become final. The petitioner thereafter requested for compassionate allowance, apparently on the basis of Rule 5 of Part III of Kerala Service Rules. By Ext. P7 order dated 18-3-2000, the petitioner was granted compassionate allowance, but only with effect from 11.6.2003 as a special case. The date was fixed since that was the date of Ext. P3 certificate issued by the Talhildar, Kozhancherry certifying that the petitioner is not employed in any Government or semi-government service on 20.8.1990 onwards. The petitioner is challenging Ext. P7 order seeking the following reliefs:

(2.) A counter affidavit has been filed by the 3rd respondent supporting the impugned order. They would submit that the State Government has, vide Circular No. 30/2002/Fin dt. 16/5/2002, decided that compassionate allowance will be sanctioned in deserving case with prospective effect only. They would contend that compassionate allowance is not a benefit which a dismissed employee can claim as of right and it is the discretion of the sanctioning authority to decide the quantum of compassionate allowance and the date from which it has to be paid. According to them, that discretion has been exercised judiciously and therefore there is no merit in the contentions of the petitioner. Therefore, the respondents would argue for dismissal of the writ petition.

(3.) I have considered the rival contentions in detail.