HITENDRASINH JORABHA JADEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or direction to quash and set aside the impugned order 1/4/2016 denying the benefits of compassionate allowance / pension to the petitioner and consequently to direct the respondents to grant compassionate allowance / pension to him with arrears at least from July, 2015.

(2.) The petitioner was serving as a constable since 1986 -87. He worked for approximately 10 years in the battalion. According to the petitioner, he received medals also. It appears that in the year 1995, the petitioner unfortunately developed tuberculosis. According to the petitioner, it was so acute and serious that he had to approach the department for grant of leave for the period from 4/2/1997 to 4/4/1997. That his leave was granted.

(3.) Mr.M.D. Rana, learned advocate appearing on behalf of the petitioner has heavily relied upon the decision of the Hon'ble Supreme Court in the case of Mahinder Dutt Sharma (supra), more particularly para 13 of the said decision and relying upon the above decision, it is vehemently submitted that as the petitioner was not dismissed on the ground of moral turpitude and/or on the ground with respect to his integrity and/or dishonesty and he was dismissed from service on the ground of absenteeism / desertion and his desertion / absenteeism was beyond his control as he was suffering from tuberculosis, it is submitted that this is a fit case to grant compassionate allowance / pension in exercise of Rule 41 of CCS (Pension) Rules, 1972.