P P KANNAN Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Ext. P 9 order is under challenge. Petitioner was formerly working as Junior Assistant in the Kerala State Electricity Board. He was dismissed from service on 20-2-1989. The order of dismissal was passed taking note of the conviction and sentence passed by the Criminal Court. Offences alleged against the petitioner were grave and involving moral turpitude. He suffered the punishment. When he was released from jail on the expiry of the period of imprisonment, he preferred an application before the respondent -- Board requesting that he may be sanctioned compassionate allowance. Admittedly, and rightly too, petitioner was not sanctioned any pensionary benefits, because a dismissed employee is not entitled for any retirement benefits. The application was considered by the respondent -- Board and Ext. P 9 order was passed by the 2nd respondent holding that compassionate allowance cannot be granted to a person like the petitioner who committed grave offences and on conviction by the competent Criminal Court, had suffered imprisonment also.

(2.) Counsel for the petitioner submits that Ext. P 9 has been passed without reference to the relevant statutory provision as also the purpose for which provision for granting compassionate allowance has been made by the rule making authority.

(3.) Legal Liaison Officer appearing for the respondent submits that the petitioner has been convicted for one of the gravest offences for which the punishment prescribed by law is either death or imprisonment for life. This aspect has been noted by the 2nd respondent and compassionate allowance has been denied on that ground as well.