Guiding principles for the grant of Compassionate Allowance.

(1) Guiding principles for the grant of Compassionate Allowance. - It is practically impossible in view of the wide variations that naturally exist in the circumstances attending each case, to lay down categorically precise principles that can uniformly be applied to individual cases. Each case has, therefore, to be considered on its merits and a conclusion has to be reached on the question whether there were any such extenuating 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp5.htm#Superannuation%20pension 16/18 features in the case as would make the punishment awarded, though it may have been necessary in the interests of Government, unduly hard on the individual. In considering this question it has been the practice to take into account not only the actual misconduct or course of misconduct which occasioned the dismissal or removal of the officer, but also the kind of service he has rendered. Where the course of misconduct carries with it the legitimate inference that the officer's service has been dishonest, there can seldom be any good case for a compassionate allowance. Poverty is not an essential condition precedent to the grant of a compassionate allowance, but special regard is also occasionally paid to the fact that the officer has a wife and children dependent upon him, though this factor by itself is not, except perhaps in the most exceptional circumstances, sufficient for the grant of a compassionate allowance. [G.I., F.D., Office Memo. No. 3(2)-R-II/40, dated the 22nd April, 1940.] po BACK (2) Commutation of Compassionate Allowance permissible. - A question has been raised whether Government servants drawing Compassionate Allowance under Rule 41 of the Central Civil Services (Pension) Rules, 1972, are entitled to commute a part of such Compassionate Allowance as in the case of other kinds of pension or not. The matter has been considered and it is clarified that the Compassionate Allowance is one of the various kinds of pensions enumerated in the CCS (Pension) Rules, 1972, and as such the CCS (Commutation of Pension) Rules, 1981, would apply to the Compassionate Allowance in the same manner as in respect of any other class of pension. [G.I., M.F., O.M. No. F.14 (3)-E. V (A)/76, dated the 23rd April, 1977.] po BACK 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp5.htm#Superannuation%20pension 17/18 (3) Procedure for the grant of Compassionate Allowance. - In order to avoid delay in the payment of compassionate allowance, the following procedure should be adopted in cases relating to officers removed from service :- (i) On receipt of the orders of the competent authority removing an officer from service for misconduct, insolvency or inefficiency, the Head of the Office, if he proposes to recommend the grant of a compassionate allowance, should fill in the application for pension and send it to the Accounts Officer concerned for report on the title to pension. The Head of the Office should not wait for an application from the officer. (ii) If the competent authority in issuing orders of removal states that certain proportion of the compensation pension is to be granted as compassionate allowance, no further sanction to pension is necessary, and all that is required is that the Accounts Officer should certify to the admissibility of the pension on a pension application completed and signed by the Head of the Office as provided in (i) above. [G.I., F.D., No. F. 3-X-R. II/34, dated the 3rd May, 1934.] BACK 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp5.htm#Superannuation%20pension 18/18 (4) Eligible for reliefs granted from time to time. - A clarification has been sought in regard to admissibility to reliefs to a retired Government servant who is in receipt of compassionate allowance sanctioned under Article 353 of CSRs or Rule 41 of the CCS (Pension) Rules, 1972. It is clarified that the reliefs in pension would be admissible to a retired Government servant who is in receipt of compassionate allowance from the respective dates from which various reliefs have been sanctioned. [G.I., M.F., O.M. No. F. 19 (26)-E V (A)/75, dated the 14th November, 1975.]