Heard learned counsel for the parties.

2. Rule. By consent of learned counsel for the parties heard forthwith.

3. The petitioners, in these writ petitions under Article 226 of the Constitution of India, retired as the employees of respondent No.2 M/s. Bangalore Electrical Supply Co. Ltd., (for short “the BESCOM”). The petitioner in W.P.No.11936/14 attained the age of superannuation on 30.06.2013 and with effect from 01.07.2013 became entitled to receive pension, DCRG and other retiral benefits. The petitioner in W.P.No.29142/14 attained the age of superannuation on 31.05.2013 and with effect from 01.06.2013 he also became entitled to receive pension, DCRG and other retiral benefits.

3.1 Though initially the pension and other retiral benefits were withheld by BESCOM in view of the pendency of a criminal case against them, bearing C.R.No.89/2007 for the offences punishable under Sections 143, 147, 149, 448, 341, 506, 427 r/w section 149 of IPC, subsequently they sanctioned 50% of the pension as “provisional pension” to both the petitioners. When criminal case was registered against them they were in service. However, the offence was alledgedly committed by them outside their working hours and also outside the premises of BESCOM. In other words, the alleged incident did not occur while they were on duty or has any connection with BESCOM. Further, admittedly no departmental enquiry was either initiated or pending, at the relevant time, against the petitioners. In other words, no departmental enquiry was initiated against them for having committed the alleged offence. By the impugned endorsements the petitioners were informed that they would be entitled for temporary/provisional pension. The relevant portion of the impugned endorsement dated 30.08.2013 (Annexure-F) in

W.P.No.11936/14 reads thus:

“With reference to the above subject, Sri L.Narasegowda, Mechanic, Grade2, N3 Sub Division has retired on 30.06.2013. As there is a criminal case pending against him, without sanctioning his pension and retirement benefits, the file containing his service record and other documents is returned from this office as per ref.no.1 above. As per the representation of Sri L.Narasegowda dated 14.9.2013 vide ref.2, by enclosing the Judgment of the Hon’ble Supreme court, he has requested for sanction of pension and retirement benefits. As per the Company rules vide ref.4 and as per Rule 172 of the BESR Rules, temporary pension is sanctioned.

While bringing this matter for your consideration, suitable directions are sought whether to consider interim payment of pension to Sri L.Narasegowda as per his request vide ref.4 above or to consider his representation vide ref.3 in terms of the decision of the Hon’ble Supreme Court to pay his full pension and other retirement benefits to him.”

The another endorsement dated 26.10.2013 (Annexure-G), impugned in the present writ petition reads thus:

“With reference to the above subject you having retired as Mechanic Grade2, having superannuated on 30.06.2013. In view of the criminal case pending against you, your pension and other retirement benefits are withheld. You have given a representation vide ref.1 to release the withheld pension and other retirement benefits. Your representation is based on the decision rendered by the Hon’ble Supreme Court dated 14.08.2013 for payment of pension and other retirement benefits. In response to your representation, this office has sought for the suitable directions from the Bescom Company.

In connection with this letter vide ref.3 clarification is obtained from the Company office. As per the said letter, since there is a criminal case pending against you, in terms of BESR Regulation No.171 and 172, your retirement benefits are withheld and officials of the Bescom have opined that the decision of the Hon’ble Supreme Court referred by you is not applicable to your case. Therefore, it is informed that there is no possibility of sanctioning the retirement benefits to you