Mst. KHUB-UN-NISA vs ENGINEER-IN-CHIEF's BRANCH G.H.Q ,RAWALPINDI and 3 others
This matter originated as a petition for leave to appeal against a judgment of the Federal Service Tribunal, which had upheld the removal from service of the petitioner's husband, a Carpenter in the Military Engineering Services, on grounds of unauthorized absence. The core legal question concerned the entitlement of the employee to disability pension or compassionate allowance given his mental incapacity at the time of his absence. Upon the Supreme Court's intervention, the respondents acknowledged the employee's condition and offered to grant a compassionate allowance. The Court, noting the petitioner's satisfaction with this undertaking, disposed of the petition without further adjudication on the merits of the removal. The holding of the Court emphasizes the principle that humanitarian considerations and the specific circumstances of an employee's incapacity, such as mental derangement, may warrant the grant of compassionate allowances even where strict disciplinary rules regarding unauthorized absence might otherwise preclude standard pensionary benefits. The Court directed the respondents to process and pay the compassionate allowance promptly, effective from the date of the employee's removal from service.
- Can a civil servant removed for unauthorized absence be granted a compassionate allowance?
- Is a government department authorized to grant compassionate allowance to an employee removed for misconduct if the removal was due to mental incapacity?
- Section 19(3), Civil Servants Act 1973
- Government Servants (Efficiency and Discipline) Rules 1973
ORDER
' MUNAWAR AHMED MIRZA, J.---The husband of petitioner Mst. Khub-un-Nisa namely, Fazal Din (now deranged) was employed in Military Engineering Services (MES) as Carpenter. He suffered from serious ailment and was removed from service vide order dated 3-10-1992 with effect from 23-4- 1992. The representation filed by the petitioner brought no fruit, therefore, eventually she filed appeal before Federal Service Tribunal which was also dismissed vide judgment dated 24-1-1995.
The above decision has been assailed through this petition for leave to appeal.
2. The case was earlier taken up on 25-4-1997 and the learned Judges of the Bench observed that "prima facie it appears that there Was justifiable reason for Fazal Din of being absent from duty, after having lost his mental balance. In the above factual background the order of removal seems to be harsh, we would, therefore, observe that the department should consider his case sympathetically and should grant disability pension and/or any other benefit, if it is possible under the rules." A report was directed to be submitted to this Court within a month as to the action taken by the department.
3. In compliance with the direction, the respondents submitted its report on 30-5-1997. In paragraph 4 of the reply it has been categorically undertaken that respondents are prepared to pay 2/3rd of the pension on account of permanent disability suffered by said Fazal Din as admissible under the rules. Paragraph 4 of the reply/report is reproduced below:-- "In view of the above, it is respectfully submitted that the petitioner's husband had been removed from service under Government Servants (E&D) Rules, 1973 on the ground of unauthorised absence.
According to subsection (3) of section 19 of Civil Servants Act, 1973, he cannot be granted any kind of pension or Gratuity. However, as a special case and on humanitarian ground, only compassionate allowance, at the rate of two-thirds of the pension or gratuity, which would have been admissible to him, had he been invalidated from service on the date of his removal, can be granted to him. Such case is under process and will be prepared/submitted onward within due course of time for sanction of competent authority."
4. The petitioner is satisfied with the aforesaid undertaking and does not press the petition any further. However, request was made to ensure early payment of pension and other dues. We, therefore, direct that learned Deputy Attorney-General appearing for the respondents/departments shall arrange payment of pension from the date of removal of the husband of petitioner viz 23-4-1992 with utmost promptitude.
5. The petition is disposed of accordingly.