Ex Constable Birender Singh v. Union Of India & ORS

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13796/2018 EX CONSTABLE BIRENDER SINGH ..... Petitioner Through Mr. A.K.Trivedi with Mr. Naveen Kumar, Advocates versus UNION OF INDIA & ORS ..... Respondents Through Mr. Rajesh Kumar, Advocate

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 04.02.2020

1. The main prayer in the present petition is as under:- "(a) Direct the respondents to consider the Claim of the petitioner for counting of his previous service in the BSF w.e.f. 16/09/1983 to 31/03/1991 for the purpose of his Pensionary benefits (Compassionate Allowances) only as the period in question would benefit the petitioner to have little more amount of pension."

2. Counsel for the Petitioner states that the Petitioner should be given the benefit of his service in the BSF and that his Compassionate Allowance should be enhanced correspondingly.

3. Having heard learned counsel for the parties, the Court finds that the very concept of a „Compassionate Allowance‟ precludes the Court from directing its enhancement with reference to any past service. In any event, given the

circumstances under which the Petitioner services with the BSF were terminated, the Court is not persuaded to grant the relief prayed for.

4. Accordingly, the petition is dismissed.

S.MURALIDHAR, J.

TALWANT SINGH, J.

FEBRUARY 04, 2020 mw