By IANS,
New Delhi : The Delhi High Court has directed the Delhi Police to give an allowance on compassionate grounds to the widow of an ailing constable who was dismissed from the service before his death in 2003.
Constable Nidhi Kumar was sacked from service in 2001 on account of long absence from office without authorised leave. He was forced to remain away from office due to illness.
The court was hearing a petition filed by Delhi Police challenging the Central Administrative Tribunal’s April 12, 2005 direction to pay the allowance to the constable’s widow Anju.
A division bench of Justice Anil Kumar and Justice Veena Birbal said: “Compassionate allowance could not be denied to the widow of the dismissed constable.”
“There is no perversity or such illegality in the order of the tribunal which would require any interference by this court,” the judges said.
“The petitioner is directed to accord the compassionate allowance to the legal representative (of the constable) with all consequential benefits,” said the tribunal earlier.
“The facts leading to the dismissal from the service rather support the plea of the respondent that her husband” was not punished for misconduct or dishonesty, the court said.
“The fact that before dismissal from the service on account of unauthorised absence on account of his illness he had rendered 12 years of service was also not taken into consideration,” said the court, while rejecting the Delhi Police plea earlier this week.
The petitioner is liable to implement the order of the tribunal granting compassionate allowance to the widow of the deceased constable forthwith, the judges said.
Anju’s advocate Anil Singhal said: “Her husband died Oct 22, 2003 after a long absence from service without authorised leave for which he was dismissed from service. One month after his death, Anju applied for compassionate appointment,” said Singhal.
Anju was intimated that her husband was dismissed from the service June 22, 2001 on account of his unauthorised absence from office and, therefore, she could not be granted a job on compassionate grounds, he said.
Thereafter, she sought a compassionate allowance but that was also declined March 12, 2004.
“In her application for compassionate allowance Anju pleaded that she has to look after three children and her mother-in-law,” said Singhal.