Govt employees removed from service entitled to claim compassionate pension: Gujarat HC

In a significant judgment, the Gujarat High Court has held that the government employees removed or required to retire from service for any reason shall be eligible to claim for compassionate pension.

If the government deems the case deserving of special treatment, it may sanction compassionate pension. 

The court made an observation citing rule 77 & 78 of Pension Rules 2002, while hearing a case where a school teacher was terminated from service based on a fake BEd (Bachelor of Education) degree in 2008.

Justice Maulik Shelat quashed an order by the Commissioner of Schools rejecting the compassionate pension claim of Falguni Patel, a former school teacher terminated in 2008 over a fake BEd degree. As the petitioner was removed from her service and not dismissed for her services, it makes her entitled to claim benefit as per Rules 77 to 79 of the Gujarat Civil Services (Pension) Rules - 2002. If the government deems the case deserving of special treatment, it may sanction compassionate pension, the court observed while remanding the matter to the Commissioner of Schools for fresh consideration.

The advocate appearing for the petitioner submitted before the court that, as per order dated February 6, 2008, services of the petitioner were discontinued/ terminated by the school officials, nowhere it has been whispered that petitioner is dismissed from her service. If the government employee is removed or required to retire from service for any misconduct etc, in that eventuality is entitled to receive a compassionate pension. when the petitioner is removed from services and not dismissed from the services and hence she is entitled to receive compassionate pension, which is wrongly denied to her.

The Assistant Government Pleader countered that Patel, having obtained a fake degree and failed to secure relief against termination from the Tribunal or the High Court earlier, was ineligible for any pension, including compassionate benefits.

The petitioner, appointed as an Assistant Teacher at Pallavi Vidhyalay in 1990, was terminated after authorities discovered her BEd certificate was issued by a non-existent university. The school's management discontinued her services via an order dated February 6, 2008.