GOVT. OF NCT OF DELHI AND ANR. vs SUMLESH DEVI

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9020/2018 & CM APPL. 34694/2018 GOVT. OF NCT OF DELHI AND ANR. .....Petitioners Through: Mr. Rishabh Sahu, SPC with Mr. Sameer Sharma and Mr. Mayank Yadav, Advs. versus SUMLESH DEVI .....Respondent Through: Mr. Anil Singhal, Adv. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 29.01.2025 C.HARI SHANKAR, J. The challenge 1. The GNCTD1 and the Delhi Police, by means of the present writ petition, challenge judgement dated 26 April 2018 passed by the Central Administrative Tribunal2 in OA 3373/20163 , whereby the Tribunal has allowed the OA. The issue 1 Government of National Territory of Delhi 2 “the Tribunal” hereafter 3 Sumlesh Devi v GNCTD Signature Not Verified W.P.(C) 9020/2018 Digitally Signed By:AJIT Page 1 of 12 KUMAR Signing Date:03.02.2025 15:00:42 2. The entitlement, of the respondent Sumlesh Devi, to compassionate allowance, is in dispute. The Tribunal has held her to be so entitled, and has directed the petitioner to grant compassionate allowance to her, from the date of filing of the OA, with interest @ 7% p.a. till the date of actual payment. 3. The GNCTD disputes the claim. Facts 4. Mahesh Kumar, who was working as Constable in the Delhi Police, was dismissed from service on 26 February 1993. He died on 16 January 2004. The respondent claimed to have come to know of the dismissal of Mahesh Kumar, from service, only in 2004. 5. On 21 March 2012, the respondent submitted an application to the Delhi Police, for compassionate allowance, in terms of Rule 41 4 of 4 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 f