The main legal point established in the judgment is that the Act and the Rules specifically provide for payment of the salary of a High Court Judge to a person appointed as Ombudsman, and there can be no deduction of the pension drawn by the appointee as a High Court Judge unless there is a specific provision in the enactment or the Rules.

JUDGMENT :

ANU SIVARAMAN, J.

1. This writ petition is filed seeking the following prayers:

“(ia) Issue a writ of certiorari or any other appropriate writ, order or direction, calling for Ext.P6 and quash the same to the extent the 3rd respondent directs respondents 1 and 2 to reduce the pay of the petitioner by the amount of pension he has been receiving as mentioned in Ext.P5 on appointment as Ombudsman as per Ext.P1.

(ii) Issue a writ of certiorari or any other appropriate writ, order or direction to call for the records leading to Ext.P5 and to quash the same in so far as it arbitrarily deny the petitioner his legitimate right to get full salary and allowances on appointment as Ombudsman without reducing the amount of pension paid to him.

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to authorize and disburse forthwith, the arrears of salary and allowances due to the petitioner for service rendered as Ombudsman on appointment as per Ext.P1 w.e.f. 22.12.2017 to 21.12.2020 without reducing the pension received by him, as expeditiously as possible, and within a time frame to be stipulated by this Hon’ble Court.

(iv) Declare that the petitioner is entitled for interest on the arrears of salary as Ombudsman on appointment as per Ext.P1 reckoned from the dates the said amounts became due.”

2. Heard the learned senior counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents.

3. It is submitted by the learned senior counsel for the petitioner that the petitioner was appointed as an Ombudsman under the Kerala Panchayat Raj Act and Rules by Ext.P1 order dated 01.12.2017. He was sworn in as Ombudsman on 22.12.2017 and discharged his duties as such till 21.12.2020. The learned senior counsel for the petitioner submits that Section 271 G of the Panchayat Raj Act provides for the terms and conditions of service of the Ombudsman. The provision reads as follows:

“271 G. Term of office and conditions of Service of Ombudsman:

(1) There shall be an authority for Local Self Government Institutions, at State Level known as ‘Ombudsman’ for making investigations and enquiries, in respect of charges on any action involving corruption or maladministration or irregularities in the discharge of administrative functions, in accordance with the provisions of this Act by Local Self Government Institutions and Public Servants working under them and for the disposal of such complaint in accordance with Section 271 Q.

(2) The Governor shall, on the advice of the Chief Minister, appoint a person who has held the post of a Judge of the High Court as Ombudsman.

(3) A person appointed to be the Ombudsman shall, before he enter upon his office, make and subscribe before the Governor or some person appointed in that behalf by him, an oath or affirmation according to the form set out below:

“I, A.B. having been appointed as the Ombudsman for Local Self Government Institutions under the Kerala Panchayat Raj Act, 1994, do swear in the name of God/Solemnly affirm that I will bear true faith and allegiance to the Constitution of India and I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will.”

(4) A person appointed as Ombudsman shall hold office for a term of three years from the date on which he enters upon his office:

Provided that:

(a) the Ombudsman may, by writing under this hand addressed to the Governor, resign his office.

(b) the person appointed as Ombudsman may be removed from his office in the manner provided in Section 271 H.

(5) The person appointed as Ombudsman shall be entitled for salary and allowances as are admissible to a Judge of the High Court of Kerala.

(6) On expiry of his term of office as Ombudsman, he shall not be eligible for reappointment as Ombudsman or for further appointment to any office of profit under the Government of Kerala or in any corpora