V THANKAPPAN NAIR Vs. STATE OF KERALA ANDANOTHER

JUDGEMENT

(1.) The point that arises for consideration in this Appeal is whether a government servant dismissed for a serious misconduct is eligible for compassionate pension under rule 5 of Part II of Kerala Service Rules. The relevant facts of the case are as follows:

(2.) The appellant who was a police constable was dismissed from service on 4.10.1970 for accepting an illegal gratification of Rs.43/-. At the time of dismissal, he had about eighteen years of service. The appellant submitted Ext.P1 representation dated 21.9.1999 praying that he may be granted compassionate pension. The grounds, according to the appellant, justifying the grant of compassionate pension were stated in Ext. P1. According to him, he is living in penury. He is having a family consisting of his wife and five children. His three sons are unemployed. His wife is suffering from cancer and is undergoing treatment at Regional Cancer Centre. He has incurred a huge debt for her treatment. He is also not keeping good health. On coming to know of the existence of the rule in the nature of rule 5 (a), he represented on 19.1.1998 praying for the grant of compassionate allowance. It was followed by Ext.P1 representation dated 21.9.1999.

(3.) The claim of the appellant was rejected by the first respondent Government by a communication dated 1.12.1999. The ground for rejection was that he was removed from service for the acceptance of illegal gratification. Therefore, his claim for compassionate pension is rejected.