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GOKULDAS KAMATH (EX BANKER)     11 September 2013

Compassionate pension

A dismissed employee in public sector is eligible for compassionate pension/allowance subject to certain terms and conditions as under

Compassionate Allowance – (1) An employee,, who is dismissed or removed or terminated from service,, shall forfeit his pension :


Provided that the authority higher than the authority competent to dismiss or remove or terminate him from service may if--
i) Such dismissal , removal or termination is on or after the 1sst day of November,,1993; and
ii) the case is deserving of special consideration,, sanction a
compassionate allowance not exceeding two thirds of the
pension which would have been admissible to him on the basis
of the qualifying service rendered up to the date of his
dismissal ,, removal ,, or termination..


(2) The Compassionate allowance sanctioned under the proviso
to sub – regulation (1) Shall not be less than the amount of minimum pension
payable under regulation 36 of these Regulations..

Can any one inform me what are the points covered under under special consideration to sanction compassionate allowance/pension( Is it past service record,present financial condition).Any court decision in this regard may be referred here.Please guide me



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     11 September 2013

it is compassionate pension a matter of mercy it is not a right .  Guidelines are there for enforcing rights.


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