KESAR SINGH Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) Whether the compassionate allowance payable to an employee under Rule 2.5 of the Punjab Civil Service Rules Volume-II (for short, the Rules) is liable to be revised as a consequence of revision in the rate of pension by virtue of amendment made in the Rules is the question which arises for determination in this petition filed under Article 226 of the Constitution of India.

(2.) For the purpose of deciding the afore-mentioned question, we may briefly notice the relevant facts.

(3.) The petitioner was enrolled as Constable in the Police Department on 7.1.1989. But an order dated 28.4.1970, he was dismissed from service as a consequence of his conviction by the Sessions Judge, Hisar under Section 304 I.P.C. After dismissal from service, the petitioner represented for payment of compassionate allowance as per Rule 2.5 of the Rules. His prayer was accepted by the competent authority and he was granted compassionate allowance w.e.f. 28.2.1986. He again represented for payment of compassionate allowance with effect from the date of dismissal and then filed Civil Writ Petition No. 7805 of 1989 for directing the respondents to give him the benefit of compassionate allowance with retrospective effect. A learned Single Judge of this Court allowed the writ petition and directed the respondents to pay compassionate allowance to the petitioner with effect from 28.4.1970. In compliance of the Court's direction, the respondents paid him the arrears of compassionate allowance w.e.f. 28.4.1970 at the rate of Rs. 36/- per month.