CWP-18697-2001 (O&M) -1- 207 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-18697-2001 (O&M) Date of Decision: 07.07.2026 Inderjit Doda (since deceased) through his L.Rs ......Petitioner Vs. Punjab and Haryana High Court, Chandigarh ......Respondent CORAM: HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Raman Mahajan, Advocate, for the petitioner. Mr. Sunil Chadha, Senior Advocate, with Mr. Tara Dutt, Advocate, for the respondent. **** SUDEEPTI SHARMA J. (ORAL) 1. The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent to fix and release the compassionate allowance i.e. pension, gratuity to the petitioner as the petitioner has rendered more than 19 years qualifying service and he is entitled to have compassionate allowance i.e. pensionary benefits in pursuance of the Central Civil Services (Pension) Rules, 1972, as well as under Punjab Civil Service Rules. 2. Learned counsel for the petitioner contends that the petitioner (since deceased) has rendered more than 19 years of qualifying service and is covered under Rule 41 of the Central Civil Services (Pension) Rules, 1972 since all the employees of the High Court are governed by this Rule. He, VIRENDRA SINGH ADHIKARI 2026.07.09 10:48 I attest to the accuracy and integrity of this document CWP-18697-2001 (O&M) -2- therefore, prays that the present writ petition be allowed and the relief sought for in the present writ petition be granted. 3. Per contra, learned Senior counsel for the respondent submits that the petitioner was removed from service w.e.f. 24.07.1991, vide office order dated 30.07.1991 and his service appeal was also dismissed by the Division Bench of this Court on 09.09.1994. He further submits that the petitioner did not pursue for his claim for pension, gratuity etc. till the year 1999. Reference is further made by learned Senior counsel to Rule 24 of the Central Civil Services (Pension) Rules, 1972, which reads that dismissal or removal of a Government Servant from a service or post entails forfeiture of his past service. Therefore, the petitioner is not entitled to any benefit as claimed for in the writ petition. He, therefore, prays that the present writ petition be dismissed. 4. I have heard learned counsel for the parties and perused the whole file of this case with their able assistance. 5. Before proceeding further, it would be apposite to reproduce Rules 24 and 41 of the Central Civil Services (Pension) Rules, 1972, which reads as under:- Rule 24 – Forfeiture of Service on Dismissal or Removal Dismissal or removal of a Government Servant from a service or post entails forfeiture of his past service. Rule 41. Compensation allowance. (1) A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity. “Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration, sanction a compassionate allowance not exceeding two-thirds of pension or VIRENDRA SINGH ADHIKARI 2026.07.09 10:48 I attest to the accuracy and integrity of this document CWP-18697-2001 (O&M) -3- gratuity or both which would have been admissible to him if he had retired on compensation pension. (2) A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than the amount of (Rupees three hundred and seventy-five) (rupees one thousand two hundred and seventy five from 01.01.1996 see GID below Rule 49) per mensem.” 6. A perusal of the file shows that admittedly, the petitioner was removed from service w.e.f. 24.07.1991, vide office order dated 30.07.1991. His service appeal was also dismissed by the Division Bench of this Court on 09.09.1994. After the decision of the Division Bench of this Court dated 09.09.1994, petitioner approached this Court with a request of grant of pension and gratuity etc. in the year 2000 after a lapse of six years of the decision rendered by the Division Bench of this Court. Rule 24 of the Central Civil Services (Pension) Rules, 1972, specifically provides forfeiture of service on dismissal or removal and states that dismissal or removal of a Government Servant from service or post entails forfeiture of his past service. In view of Rule 24 of the Central Civil Services (Pension) Rules, 1972, past service of the petitioner on his dismissal/removal is forfeited. The Rule relied upon by the petitioner i.e. Rule 41 of the Central Civil Services (Pension) Rules, 1972, reads about compassionate allowance. A bare reading of Rule 41 of the Central Civil Services (Pension) Rules, 1972, shows that a Government servant, who is dismissed or removed from service shall forfeit his pension and gratuity. And in the proviso, it is specifically mentioned that the competent authority in deserving cases of special consideration may sanction a compassionate allowance. Therefore, even as per Rule 41 of the Central Civil Services (Pension) Rules, 1972, the VIRENDRA SINGH ADHIKARI 2026.07.09 10:48 I attest to the accuracy and integrity of this document CWP-18697-2001 (O&M) -4- dismissal or removal from service would result in forfeiture of the past service. Secondly, the punishment of dismissal/removal imposed against the petitioner attained finality on 09.09.1994 by the Division Bench of this Court and the petitioner moved his representation in the year 2000 i.e. after a lapse of six years. 7. In view of the above, the present writ petition is dismissed being devoid of any merit. 8. Pending applications, if any, also stand disposed of. (SUDEEPTI SHARMA) JUDGE 07.07.2026 Virender Whether speaking/non-speaking : Yes/No Whether reportable : Yes/No VIRENDRA SINGH ADHIKARI 2026.07.09 10:48 I attest to the accuracy and integrity of this document