Widow of Railwayman Removed for Unauthorised Absence Wins Compassionate Allowance, CAT Finds No Dishonesty

The applicant, widow of Basab Mitra, sought compassionate allowance after her husband was removed from Railway service in 2006 for unauthorised absence, without pensionary benefits.

He had served for approximately 19 years and died in 2009.

Following earlier Tribunal proceedings and a remand by the Calcutta High Court, the competent Railway authority rejected the claim by a speaking order dated 11 November 2020.

The applicant challenged that order before the Tribunal.

Rule 65 of the Railway Services (Pension) Rules, 1993 permits compassionate allowance to be granted to a railway servant dismissed or removed from service where the circumstances justify it.

Railway Board Circular RBE No. 164/2008 provides for consideration or review of such claims, while stating that compassionate allowance should not be considered where dishonesty was a ground for removal or dismissal.

In Mahinder Dutt Sharma v. Union of India & Ors., (2014) 11 SCC 684, the Supreme Court identified serious misconduct—such as moral turpitude, dishonesty, fraud, corruption, or acts for personal gain—as relevant grounds against granting compassionate allowance.

The Calcutta High Court had also directed sympathetic reconsideration, noting the employee’s service and that the widow was not at fault.

The Tribunal found that the employee’s established misconduct was unauthorised absence, not dishonesty, corruption, fraud, or moral turpitude.

It held that the authority had relied on the absence alone and had failed to meaningfully consider the nature of the misconduct, the employee’s length of service, the family’s financial hardship, or the High Court’s direction for sympathetic reconsideration.

The Tribunal therefore treated the speaking order as arbitrary and as demonstrating non-application of mind.

It directed the competent Railway authority to sanction compassionate allowance under Rule 65, read with RBE No. 164/2008, from the admissible date, and to calculate and release consequential monetary benefits, including arrears of compassionate allowance or family pension as applicable, within three months of receiving a certified copy of the order.

No costs were awarded.