ROHTAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court praying for quashing of the impugned orders dated 06.10.2012 (Annexure P -1) and 03.02.2013 (Annexure P -2), vide which the petitioner, who was dismissed from service because of absence from duty while he was working on the post of a Constable, has been denied the benefit of compassionate allowance.

(2.) IT was the claim of the petitioner that although he has been dismissed from service but as he has put in 13 years of service, he should be held entitled to compassionate allowance under Rule 2.5 of the Punjab Civil Services Rules Volume -II as applicable to the State of Haryana. Counsel for the petitioner contends that the petitioner since having been only dismissed because of absence from duty and not for any serious mis -conduct, he would be entitled to the grant of the benefit. He has further placed reliance upon a judgment passed by this Court in CWP No. 9975 of 1997 titled as Smt. Prem Lata Ahuja vs. State of Haryana and others, decided on 01.02.2013, wherein an employee, who was removed from service, has been granted the benefit of compassionate allowance. He has also relied upon the judgment of the Supreme Court in Civil Appeal No. 2111 of 2009 titled as Mahinder Dutt Sharma vs. Union of India and others, decided on 11.04.2014, to contend that the petitioner is entitled to the compassionate allowance.

(3.) IN view of the above order passed by this Court, the petitioner preferred a representation for the grant of compassionate allowance under Rule 2.5 of the Punjab Civil Services Rules Volume - II as applicable to the State of Haryana. On consideration of the same, the punishing authority has passed the following order: -