Kerala High Court: The Division Bench of A.M. Shaffique and Gopinath P., JJ., while addressing the issue of disbursement of post-retirement benefits during the pendency of disciplinary proceedings held that only pension is to be paid with other benefits to be kept on hold.
The present petition has been filed by the State (respondents) against the interim order dated 12-12-2018 passed by the Kerala Administrative Tribunal (KAT) in O.A. No. 1873 of 2018.
The facts of the case are such that the respondent had filed an application (O.A. No. 1873 of 2018) before the KAT requesting disbursement of pension and other benefits, including DCRG due to him post-retirement. It was submitted by him that no proceedings are pending against him except an oral enquiry. The tribunal ended up granting him an interim relief observing that disciplinary proceedings will not stand in the way of disbursement of the pensionary benefits due.
Counsel for the petitioner, Chandrasekharan Nair has contended that no disciplinary proceedings were initiated against the respondent prior to his retirement. The enquiry has been sanctioned vide Govt. order dated 02-08-2018, pursuant to which proceedings were initiated against the respondent and an enquiry officer has been appointed. Failed attempts have been made to serve the memo of charges on the delinquent respondent. There are also other actions pending against the respondent. Given the circumstances, the tribunal ought to not have issued the order for disbursement of all the post-retirement benefits.
Counsel for the respondent, Gokul Babu has reiterated the respondent’s contention that he’s already been paid the requisite pension but DCRG and other benefits are still due to him.
After careful consideration of the facts, circumstances and the arguments advanced the Court observed, bearing in mind that certain disciplinary proceedings are still pending against the respondent, it would only be pertinent that the proceeding under the aforementioned O.A. is expeditiously disposed off. Also, till the time the same is disposed of, it is only fit that the payment of DCRG and other benefits to the delinquent respondent be kept in abeyance. Though, the respondent will continue to receive his pension as before.
In view of the above, the bench disposed of the petition in favour of the petitioners, staying KAT’s interim order dated 12-12-2018. [State of Kerala v. K. Jayakumar, 2020 SCC OnLine Ker 3613, decided on 20-08-2020]
