RAM SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The grievance of the petitioner in the petition is against order dated 16.12.1995 Annexure A-7 of respondent No.1-A, refusing to grant compassionate allowance to the petitioner with further prayer to direct the respondents to pay compassionate allowance to petitioner pursuant to order dated 31.7.1995 of respondent No.2.

(2.) The case of the petitioner is that he was recruited in Police Department in May 1953 and was placed under suspension on 25.7.1970 in view of his involvement in FIR No.42/70 registered at Police Station, Rohru on 17.7.1970. The petitioner was convicted and sentenced to death by learned Sessions Judge, Nahan on 27.9.1971. The death sentence was converted into life imprisonment by the High Court in appeal on 14.7.1972. Thereupon the petitioner was dismissed from service vide office order dated 28.5.1973.

(3.) The petitioner had made several representations to department for grant of compassionate allowance keeping in view of his past service record and taking into consideration the liabilities of dependants upon him, but representations of petitioner were not decided. The petitioner was prematurely released vide order dated 31.7.1991 passed in Criminal Writ Petition No.36 of 1985. The petitioner again represented to Department for grant of compassionate allowance on the same analogy as was granted to Rattan Singh and TGR Nayar, who were similarly situated. The petitioner was not given compassionate allowance nor his case was considered for compulsory retirement. The petitioner thereupon filed Original Application No.89 of 1995 in the erstwhile Tribunal and on 2.3.1995 the erstwhile Tribunal directed that the Original Application so filed by the petitioner be treated as a representation to Director General of Police and to decide the same in accordance with law within three months. The liberty was granted to the petitioner to approach the erstwhile Tribunal again.