THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.531 of 2000 (Dated : 29-08-2011) Between: N.Balakotaiah S/o N.Ragavaiah Prakasham District …Petitioner A n d The Divisional Security Commissioner, RPF, South Central Railway, Vijayawada and another …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.531 of 2000 ORDER: This writ petition has been filed by N.Balakotaiah seeking a mandamus declaring the action of the respondents in not granting compassionate allowance even though the petitioner is eligible and deserves, as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India. 2. The petitioner was appointed as a Railway Protection Force Constable on 23.3.1966. Disciplinary proceedings came to be initiated against him for his not reporting duty at the transferred place. In the departmental proceedings, charges leveled against him were found to be proved and he was removed from service on 13.3.86 by the Commandant/RPF/BZA, vide Proceeding No.B/XP.227/44/85/14. He filed departmental appeal and the departmental appeal ended in dismissal on 21-10-98. He submitted an application for grant of service pension. His application came to be rejected on 12-2-2006 by the Divisional Security Commissioner, Vijayawada-1st respondent. Hence this writ petition. 3. The respondents filed counter affidavit. G.M.Eswara Rao, Divisional Security Commissioner, Railway Protection Force, Vijayawada has sworn to the counter affidavit. It is stated in the counter affidavit that the petitioner sought for grant of service pension and that the petitioner is not entitled for service pension. Paragraph (7) of the counter affidavit needs to be noted and it is thus:- “7. The averments made in para 6 of the writ petition, regarding request for grant of pension in accordance with CPO/SC Serial Circular No.145/95 dated 1.12.1995 are not correct, since the petitioner had requested the Divisional Security Commissioner/RPF, Vijayawada to grant service pension as per establishment rules, for which, the petitioner had been replied suitably vide DSC, RPF, BZA’s Lr.No.B/XP.626/NR/Con/Misc, Dated 12.2.1996, rejecting his request. “ 4. Heard learned counsel appearing for the parties. 5. Learned counsel appearing for the petitioner submits that the petitioner is entitled for grant of compassionate allowance and therefore, necessary direction is required to be issued to the respondents to consider grant of compassionate allowance. 6. Whereas, it is contended by the learned Standing Counsel for Railways that the petitioner never sought for compassionate allowance and what is sought for by the petitioner in his application is service pension. Learned counsel took me to the representation submitted by the petitioner, copy of which finds place at page No.16 of the material papers. 7. It is evident from the representation of the petitioner that he sought for service pension as per Central Government Pension Rules, 1986. What is allowed to the dismissed employee is grant of compassionate allowance, as per Board Letter No. F(E)III/2003/PN1/5 dated 4.11.2008. In that view of the matter, I deem it appropriate to dispose of the writ petition reserving liberty to the petitioner to make a representation to the respondents for grant of compassionate allowance within four weeks from today and in the event of such representation being made, the respondents shall consider the same and pass appropriate orders in accordance with the circulars in force within four months thereafter. 8. Accordingly, the writ petition is disposed of. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.29-08-2011 Note:- Issue CC within a week (B/o) RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.531 of 2000 (Dated : 29-08-2011)