SUKHA SINGH S/O SHRI GURCHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) When public functionaries discharge their statutory duties, an element of discretion is always involved in the process. The aforesaid discretion has to be exercised judiciously. What connotes judicious exercise of discretion is to distinguish between right or wrong, balance the factors for and against the order to be passed and after evaluating it in the context of the rules and law, an order passed would be an appropriate lawful order, which on exercise of discretion is not only reasonable but also in accordance with law.

(3.) THE aforesaid led to challenge of the Tribunal's order before the High Court in WP (C) No. 13352/2004. By an order passed on 17.11.2004, the High Court held that the Tribunal has failed to deal petitioner's case for grant of compassionate allowance in terms of Rule 64 of the Pension Rules, 1993 and in that view of the matter, by setting aside the order passed by the Tribunal, respondents have been directed to consider the case of the applicant for grant of compassionate allowance by passing a reasoned order. A representation dated 17.7.2004 preferred later on culminated into an order passed by the respondents dated 27.8.2005 wherein the request for compassionate allowance of the applicant was turned down led to filing of CP-740/2005 before the High Court of Delhi wherein an order passed on 5.10.2005 granted liberty to the applicant to seek remedy against the order in accordance with law.