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2020 Supreme(Kar) 1663
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. Nagaprasanna, J.
K.T. Thimmaiah - Appellant
Versus
General Manager Admin And Hrd Corporate Office, Bengaluru - Respondent
Writ Petition No. 11517 of 2018
Decided On : 09-11-2020
Raghavendrachar, Advocate, M, Advocate, Girija Patil, Advocate, Ravindra Reddy, Advocate
The judgment established the principle that pension payable to employees upon superannuation is a property under Article 300-A of the Constitution of India and constitutes a fundamental right to livelihood under Article 21 of the Constitution of India.
Headnote:
terminal benefits - employee rights - Pension Regulations, Classification, Disciplinary, Control and Appeal Regulations - The court discussed the petitioner's entitlement to terminal benefits, the repeated non-compliance of the KPTCL with court orders, and the legal principles governing pension and terminal benefits. The court emphasized the employee's right to livelihood under Article 21 of the Constitution of India and issued a mandamus for the release of terminal benefits along with interest and costs.
Fact of the Case:
The petitioner, a retired employee of KPTCL, sought the release of his terminal benefits, which had been withheld for 21 years despite the closure of all proceedings against him.
Finding of the Court:
The court found that the KPTCL had unjustifiably withheld the petitioner's terminal benefits, despite the closure of all proceedings against him, and emphasized the employee's right to livelihood under Article 21 of the Constitution of India.
Issues: The main issue was the non-release of the petitioner's terminal benefits by the KPTCL, despite the closure of all proceedings against him.
Ratio Decidendi: The court emphasized the employee's right to livelihood under Article 21 of the Constitution of India and issued a mandamus for the release of terminal benefits along with interest and costs.
Final Decision: The court allowed the writ petition, issued a mandamus to KPTCL to release the terminal benefits accrued to the petitioner from the date of his retirement, and ordered the payment of costs to the petitioner.
JUDGMENT
M. Nagaprasanna, J. - To quote Shakespeare from fall of Wolsey, with a slight variation to suit the context Had I served my God with half the zeal that I served my King, I would not have fallen in these days of impecuniosities , is the cry of the petitioner in this petition seeking terminal benefits after having retired on attaining the age of superannuation twenty one years ago.
2. Shorn of unnecessary details, the facts germane for adjudication of the case are as follows:
The petitioner was a permanent employee of the respondent - Karnataka Power Transmission Corporation Limited (hereinafter referred to as KPTCL for short) and at the relevant point of time, was working as a Store Keeper. Alleging that the petitioner had committed theft of store materials, a complaint was lodged with the jurisdictional police against the petitioner. On such allegation of theft, the KPTCL without holding any enquiry, terminated the services of the petitioner.
3. The petitioner challenged it before this Court in W.P.No.39882/1999 which was allowed by an order of this Court dated 20.1.2000. This Court quashed the impugned order reserving liberty to the respondent-KPTCL to hold a fresh enquiry in terms of the regulations. During the pendency of the aforesaid writ petition, the petitioner retired on attaining the age of superannuation on 30.06.1999.
4. Pursuant to the liberty reserved by this Court in the aforesaid case, again without holding any enquiry in accordance with the regulations, entire pension and terminal benefits of the petitioner were withheld which was again challenged by the petitioner before this Court in W.P.No.23411/2004 c/w W.P.No.2531/2008. This Court by its order dated 25.03.2011 disposed the writ petitions observing that the order of forfeiture of pension was unsustainable and directed that the KPTCL should initiate proceedings for recovery after quantification of the loss caused.
5. By another order dated 22.06.2011 claiming to be acting in terms of the liberty reserved in the aforesaid case, without even issuing notice directed recovery of the entire amount. This was again challenged before this Court by the petitioner in W.P.27423/2011, which was allowed and the order of recovery was quashed directing the respondents to initiate proceedings in accordance with the regulations strictly in terms of the order passed by this Court on the earlier occasion.
6. This order was again not complied by the KPTCL, which drove the petitioner to this Court for the fourth time in W.P.No.17440/2012. This Court by an order dated 03.04.2013 allowed the writ petition and directed initiation of proceedings in terms of pension regulations by imposing cost of Rs.10,000/- after which, the KPTCL by an order dated 02.05.2015 dropped the entire disciplinary proceedings against the petitioner and also directed by an official memorandum that the petitioner is entitled to pension and the same be released.
7. Despite the aforesaid orders, terminal benefits were not released to the petitioner who again gave a representation on 25.07.2017 contending that he is already 77 years old and due to the adverse health conditions he is struggling to maintain his expenses with not a penny of terminal benefit granted to the petitioner.
8. The petitioner has presented this writ petition which is the fifth in line and the first one seeking release of his terminal benefits, which are yet to be paid despite the petitioner retiring 21 years ago and all the proceedings against him being dropped 5 years ago.
9. Heard Sri.Raghavendrachar.M., learned counsel appearing for petitioner and Smt.Girija Patil, learned counsel appearing for Sri.Ravindra Reddy, learned counsel for respondent Nos.1 and 2.
10. The learned counsel appearing for the petitioner would vehemently contend that the action of the respondent-KPTCL is totally unfounded as they themselves have dropped the disciplinary proceedings against the petitioner and have directed release of 100% pension but not ot
