KARNATAKA v. (BY SRI. H JAYAKARA SHETTY, CGC FOR R1 & R2)

SRI SATISH K T S/O LATE K.P. THAMMAIAH, AGED ABOUT 35 YEARS, P.C.NO.970092548 BORDER SECURITY FORCE, 29TH BATTALION, SALBAG, TRIPURA, R/AT VILLAGE, KALKANDOOR, P.O.:HANAGAL, SOMWARPET, COORG DISTRICT (KARNATAKA)-571236. (BY SRI. B KRISHNA, ADV.) AND:

#1. UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001.

#2. THE COMMANDANT 29TH BATTALION, BORDER SECURITY FORCE, SALBAGAN, WEST TRIPUTA-799012. MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA …PETITIONER (BY SRI. H JAYAKARA SHETTY, CGC FOR R1 & R2) …RESPONDENTS - 2 - NC: 2025:KHC:641 WP No. 33727 of 2014 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF SUSPENSION DATED 08.03.2013 VIDE ANN-A PASSED BY THE R-2 AS THE SAME IS ARBITRARY, ILLEGAL AND UNREASONABLE AND THE SAME IS VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE AND DIRECT THE RESPONDENTS TO FORTHWITH REINSTATE PETITIONER INTO HIS ORIGINAL POST GRANTING ALL THE CONSEQUENTIAL BENEFITS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard learned counsel Sri.V.R.Sarathy Sri.B.Krishna, learned counsel for the petitioner and Sri.H.Jayakar Shetty, learned counsel for respondents. Perused the writ petition papers.

#2. Petitioner is before this Court under Article 226 of the Constitution of India, questioning the correctness or otherwise of order bearing No.Estt/29 Bn/Dismiss-Satish K.T./2014/3543-53 dated 08.03.2014 (Annexure-A) by which the petitioner is dismissed from service from Border Security Force. - 3 - NC: 2025:KHC:641 WP No. 33727 of 2014

#3. After arguing the matter at length, learned counsel Sri.V.R.Sarathy submits that he would not press the prayer for quashing the impugned order dated 08.03.2014, but he prays for a direction to the respondents to consider the case of the petitioner for grant of compassionate allowance in terms of Rule 41 of Central Civil Service (Pension) Rules 2021 (for short “2021 Rules”).

#4. Rule 41 of 2021 Rules reads as follows: “41. Compassionate allowance (1) A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity: Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special compassionate allowance not exceeding two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on superannuation pension. consideration, sanction a (2) The competent authority shall, either on its own or after taking into consideration the representation of the Government servant, if any, examine whether any compassionate allowance is to be granted and take a decision in this regard in accordance with the proviso to sub-rule (1) not later than three months after the date of issue of the order imposing the penalty of dismissal or removal from service. (3) The competent authority shall consider,- (a) each case of dismissal and removal from service on its merit to decide whether the case deserves of special - 4 - NC: 2025:KHC:641 WP No. 33727 of 2014 consideration for sanction of a compassionate allowance and, if so, the quantum thereof. (b) the actual misconduct which occasioned the penalty of dismissal or removal from service and the kind of service rendered by the Government servant. (c) in exceptional circumstances, factors like family members dependent on the Government servant along with other relevant factors. (4) Where an order imposing the penalty of dismissal or removal from service was issued before the date of commencement of these rules and the competent authority, at that time, did not examine or decide whether or not any compassionate allowance was to be granted in that case, that authority shall take a decision in this regard not later than six months from the date of commencement of these rules. (5) No compassionate allowance shall be sanctioned after the expiry of the aforesaid period of six months, to a Government servant on whom a penalty of dismissal or removal from service was imposed before the date of commencement of these rules. (6) A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than the amount of minimum pension under rule 44.”

#5. During the pendency of the writ petition, the above Rules has come into force. Therefore, this Court would come to the conclusion that the said Rules could be made applicable to the pending cases. In terms of sub-Rule (2) of Rule 41, the Competent Authority on its own or on the - 5 - NC: 2025:KHC:641 WP No. 33727 of 2014 representation of the dismissed servant, could examine whether any compassionate allowance is to be granted and thereafter it has to take a decision in that regard.

#6. In the light of the above, the petitioner is directed to submit representation within 15 days from today to respondent No.2 and respondent No.2 shall consider the said representation taking into account his past service, pass order with regard to granting of compassionate allowance, within 8 weeks from the date of receipt of representation from the petitioner.

#7. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 79