The petitioner, who availed discharge on compassionate ground, has approached this court seeking compassionate allowance since personnels dismissed and removed from service as per provisions of Rules 24 and 41 of the CCS (Pension) Rules are given pension.
2. The petitioner was enrolled in the service of ITB Police as Mason on 09.12.1970. He availed discharge on 25.05.1979 from service as per the order dated 09.07.1979 after completing 8 years, 5 months and 15 days of service. According to him, he was granted permission of discharge from the service on humanitarian consideration due to the illness of his aged parents, for whom his presence nearby was found to be invariably necessary. He submitted Ext.P2 representation dated 11.07.2011 to respondents 2, 3 and 4 seeking to sanction his minimum pension and other consequential benefits. However, the petitioner received Ext.P3 reply rejecting his request. By Ext.P4 communication, the 3rd respondent informed the petitioner that his case could not be considered on the ground that the official records of the petitioner were lost in accidental fire.
3. In the detailed counter affidavit filed by the respondent Central Government, they have raised mainly two contentions. Firstly, it was contended that the petition is highly belated as the petitioner has been discharged from service in the year 1979. The next contention is that one has to serve for a minimum period of 20 years to be eligible for voluntary retirement pension; and in this case, the petitioner served only 8 years, 5 months and 15 days, which does not entitle him to any pension under the CCS (Pension) Rules. It was also stated that it seems that the records of the petitioner were weeded out on completion of three years time prescribed in the instructions.
4. Arguments have been heard.
5. It is an admitted fact that the petitioner was working under the Armed Force of Union of India. He was working in the service of ITB Police as Mason and he availed discharge on 25.05.1979. Admittedly, his period of service was 8 years, 5 months and 15 days. It is true that for getting pension, he had to serve for a minimum period of 20 years. It is also true that for getting gratuity, the petitioner had to work at least 10 years as per the CCS (Pension) Rules. But, it appears from record that his discharge was on humanitarian consideration due to the illness of his aged parents, for whom his presence was found to be invariably necessary. This fact is not disputed by the respondents. Therefore, this Court is of the view that this is a case, which can be favourably considered by the respondents for granting ex-gratia payment.
Therefore, this writ petition is disposed of permitting the petitioner to file a detailed representation projecting all his grievances before the 2nd respondent within a period of one month from the date of receipt of a copy of this judgment seeking ex-gratia payment.
In the event of filing such a representation, the same shall be favourably considered by the aforesaid respondent within a period of three months.
Sd/-
A.V. RAMAKRISHNA PILLAI, JUDGE bka/-