The Kerala High Court has ruled that only a provisional pension could be sanctioned to a retired member of the All India Services if they are facing departmental or judicial proceedings.
The decision came on an original petition filed by the state government before it after the Central Administrative Tribunal ordered the disbursement of Pension Commutation and DCRG (death-cum-retirement gratuity) on the finding that the rules governing pension and retirement benefits for members of All India Services lack provisions for withholding pension and gratuity of a retired official.
The court ruled: “Rule 6(2) deals with orders to be made with respect to Pension and DCRG during the pendency of departmental or judicial proceedings. The last limb of Rule 6(2) would disclose that no DCRG shall be paid to the employee until the conclusion of departmental or judicial proceedings and issuance of final orders thereon.”
“When Rule 6(2) says only Provisional Pension is permissible until the conclusion of departmental or judicial proceedings, by necessary implication, it prevents sanctioning of Full Pension. Though Rule 6(2) does not specifically refer to Commutation of Pension, the Commutation of Pension is also a part of Pension which could be sanctioned when Full Pension is sanctioned,” it held.
The state government had contended that Rule 6 (2) specifies that in cases where a departmental or judicial proceeding is initiated or when a departmental proceeding is continued after retirement, only provisional pension is allowed after retirement until a final order is passed in the departmental proceedings.
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Furthermore, it was submitted that the disbursement of DCRG and the Commutation of Pension is impermissible while the departmental proceedings are ongoing.
The court noted that departmental proceedings were ongoing and a criminal case was also pending against the officer as of the date of retirement.
