Rule 41 - Compassionate Allowance
Original Rule Text
41. Compassionate 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 gratuity or both which would have been admissible to him if he had retired on superannuation pension.
(2) The competent authority shall, either on its own or after taking into consideration the representation of the Government servant, if any, examine whether any compassionate allowance is to be granted and take a decision in this regard in accordance with the proviso to sub-rule (1) not later than three months after the date of issue of the order imposing the penalty of dismissal or removal from service.
(3) The competent authority shall consider,-
(a) each case of dismissal and removal from service on its merit to decide whether the case deserves of special consideration for sanction of a compassionate allowance and, if so, the quantum thereof.
misconduct which occasioned the penalty of dismissal or removal from service and the kind of by the Government servant.
(c) in exceptional circumstances, factors like family members dependent on the Government servant along with other relevant factors.
(4) Where an order imposing the penalty of dismissal or removal from service was issued before the date of commencement of these rules and the competent authority, at that time, did not examine or decide whether or not any compassionate allowance was to be granted in that case, that authority shall take a decision in this regard not later than six months from the date of commencement of these rules.
(5) No compassionate allowance shall be sanctioned after the expiry of the aforesaid period of six months, to a Government servant on whom a penalty of dismissal or removal from service was imposed before the date of commencement of these rules.
(6) A compassionate allowance sanctioned under the proviso to sub-rule (1) shall not be less than the amount of minimum pension under rule 44.
Premature Retirement and Voluntary Retirement
What This Means
Rule 41(2) of the CCS (Pension) Rules, 2021 deals with compassionate allowance. Simply put, if a government employee is dismissed or removed from service, the government can consider granting them a 'compassionate allowance'. This isn't a right, but a discretionary benefit. The rule sets a timeline for this consideration. The government (or the relevant authority) has to decide whether to grant this allowance within three months of issuing the order that dismissed or removed the employee. This decision can be made on its own initiative or after considering any appeal or representation made by the dismissed employee.
The key takeaway is the three-month deadline. This ensures that the decision regarding compassionate allowance isn't unduly delayed. The rule affects government employees who have been dismissed or removed from service and are potentially eligible for a compassionate allowance based on the circumstances of their case and their financial hardship. The decision to grant or deny the allowance rests with the competent authority, following the guidelines outlined in sub-rule (1) of Rule 41.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Rule 41(2) concerns the grant of compassionate allowance after dismissal/removal.
- 2The competent authority must decide on the allowance within 3 months of the dismissal/removal order.
- 3The decision can be made independently or after considering the employee's representation.
- 4The allowance is not a right, but a discretionary benefit.
- 5The decision must align with the guidelines in Rule 41(1).
Practical Example
Mr. Rajesh Kumar, a clerk in the Ministry of Finance, was dismissed from service due to proven charges of corruption. The order for his dismissal was issued on January 15, 2024. According to Rule 41(2), the competent authority now has until April 15, 2024 (three months from January 15th) to decide whether to grant him a compassionate allowance.
Mr. Kumar submits a representation on February 10, 2024, explaining his family's dire financial situation due to his dismissal. The competent authority reviews his representation along with the circumstances of his dismissal and decides, on March 20, 2024, that a compassionate allowance of ₹5,000 per month is justified, considering his family's hardship and his past service record (excluding the act of corruption). This decision falls within the stipulated three-month period.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
What is the 'competent authority' mentioned in Rule 41(2)?▼
Is compassionate allowance guaranteed after dismissal?▼
What happens if the competent authority doesn't decide within three months?▼
Does Rule 41(2) apply to voluntary retirement?▼
What factors are considered when deciding on the amount of compassionate allowance?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Rule 41(2) of the CCS (Pension) Rules, 2021, what is the timeframe within which the competent authority must decide on granting a compassionate allowance after an employee's dismissal or removal from service?