KESAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The only prayer made in this writ petition filed under Art. 226 of the Constitution of India, is for grant of compassionate pension/allowance from the date the petitioner was dismissed from service i.e. 28.4.1970 instead of 28.2.1986 from which date it has been admittedly granted.

(2.) The brief facts of the case reveal that petitioner was appointed in service on 17.1.1939 and he was dismissed from service on 28.4.1970 after rendering about 30 years 2 months and 8 days of service. It is no doubt true that a dismissed employee is not entitled to any pension but under Rule 2.5 of the Punjab Civil Services Rules Volume II, it is the discretion of the Government to grant compassionate allowance to deserving persons on special consideration. This allowance is not, however, to exceed two-thirds of the pension which would have been admissible to the employees if he had retired on medical certificate. It is not disputed that while exercising this discretion under Rule 2.5 of the Rules aforesaid, the petitioner was held entitled to an amount of Rs. 36 per month which again admittedly is far less than two-thirds of the pension to which he would have been otherwise entitled to.

(3.) Mr. Malik learned counsel appearing for the petitioner is right in contending that once such discretion was exercised in favour of the petitioner, he was entitled for that meagre amount at least from the date he retired i.e. 28.4.1970. Mr. Monga, learned Deputy Advocate appearing for the State, however contends that once it is a case of compassionate allowances/pension and discretion, it is within the jurisdiction of the Government to allow any amount and from any date that the Government may deem appropriate. He further states that each case depends upon its own facts.