Nazaruddin A vs Kerala State Electricity Board ...
2022 Latest Caselaw 5337 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                         WP(C) NO. 330 OF 2020
PETITIONER/S:

            NAZARUDDIN A.,
            AGED 57 YEARS, RETIRED ASSISTANT ENGINEER (ELECTRICAL),
            KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL
            SECTION, KRISHNAPURAM, KAYAMKULAM, (RESIDING AT
            EDAPPARAMBIL HOUSE, ERUVA SOUTH, KAYAMKULAM P.O.,
            ALAPPUZHA DISTRICT).
            BY ADVS.
            K.P.SATHEESAN (SR.)
            SRI.P.MOHANDAS (ERNAKULAM)
            SRI.S.VIBHEESHANAN
            SRI.K.SUDHINKUMAR
            SRI.S.K.ADHITHYAN
            SRI.SABU PULLAN
            SRI.GOKUL D. SUDHAKARAN


RESPONDENT/S:

    1       KERALA STATE ELECTRICITY BOARD LTD.,
            REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM,
            PATTOM, THIRUVANANTHAPURAM - 695 004.
    2       THE CHIEF ENGINEER (H.R.M.),
            KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM,
            PATTOM, THIRUVANANTHAPURAM - 695 004.
    3       THE DEPUTY CHIEF ENGINEER (H.R.M.)II,
            KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM,
            PATTOM, THIRUVANANTHAPURAM - 695 004.
            BY ADV SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY
            BOARD LIMITED


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 330 OF 2020
                                 2

                       JUDGMENT

Dated this the 20th day of May, 2022

The petitioner retired from the Electricity Board as

Assistant Engineer on 30.11.2018. The petitioner is being

paid only 50% of his eligible pension for the reason that a

vigilance case is pending against him. This writ petition is

filed seeking to quash Ext.P4 communication, rejecting the

petitioner's request to release his retirement benefits in

full and to direct the Electricity Board to disburse atleast

80% of his eligible pension.

2. Learned Counsel for the petitioner placed

reliance on the Division Bench decision in Venu P. v.

Union of India and others [2020 (1) KHC 382] to

contend that, maximum pension should be sanctioned as

the provisional pension based on the qualifying service of

the retired employee and that, pension is termed

provisional only to reserve the Government's right to

recover from the pension, any pecuniary loss caused or to

withhold or to withdraw, a part or even the whole of the WP(C) NO. 330 OF 2020

pension as a punishment. Learned Counsel also points out

that, till date the vigilance case initiated against the

petitioner has not attained finality and payment of eligible

pension as only 50% provisional pension to the petitioner

causing immense hardship to him. It is submitted that

under Ext.P5, another employee involved in criminal case

is being paid 75% of admitted pension as provisional

pension.

3. Learned Standing Counsel pointed out that, the

employee named in Ext.P5 was not given gratuity and it

was in such circumstances that 75% of his pension was

decided to be paid as provisional pension. In the

petitioner's case, the entire amount of gratuity has been

disbursed and hence, the decision to pay only 50% of the

eligible pension as provisional pension.

4. Having heard the learned Counsel on either side

and in the light of the decision in Venu.P.(supra), I find

more merit in the contentions put forth on the petitioner's

behalf. The fact that, 75% of the eligible pension is being WP(C) NO. 330 OF 2020

paid to a similarly placed employee is not in dispute. Even

otherwise, there is no justification in paying only 50% of

eligible pension to the petitioner, on the premise that the

entire gratuity amount is paid to him.

The Writ Petition is hence disposed of, directing the

respondents to disburse 75% of petitioner's eligible

pension as provisional pension from 01.07.2022 onwards.

The differential amount of provisional pension due from

01.12.2018 till 01.07.2022, shall be disbursed within three

months of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE

RK WP(C) NO. 330 OF 2020

APPENDIX OF WP(C) 330/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.PA IX/PPO NO.43972/PROVL.PEN./67 DATED 18/03/2019 ISSUED BY THE ACCOUNTS OFFICER OF THE FIRST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.PA IX/PPO 43972/79/19-20 DATED 27/07/2019 ISSUED BY THE ACCOUNTS OFFICER.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16/09/2019.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO.EBPS.18/1838/2018 DATED 5/12/2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.PA I/PPO 41746 DATED 9/4/2019 ISSUED BY THE 2ND RESPONDENT.