IMPORTANT POINT
Pension is a constitutional right and must be disbursed timely; claims for compensation due to delays require evidence and cannot be resolved in writ proceedings.

JUDGMENT :

ZIYAD RAHMAN A.A., J.

This writ petition was submitted by the petitioner, who retired from service on superannuation, while working as a Higher Secondary School Teacher (Senior Selection Grade) from SMV NSS Higher Secondary School, Kallara on 31.05.2023. The grievance highlighted by the petitioner is regarding the non-disbursement of retirement benefits. The relief sought in this writ petition are as follows:

i) To issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to sanction and disburse pension and other retirement benefits payable to the petitioner in accordance with Rule 1 of Chapter XXVII-B of the Kerala Education Rules admissible on his retirement attaining the age of superannuation on 31.05.2023 with penal interest at the rate of 15% on the amounts payable to the petitioner from the date the pension and other retiral benefits became due to the date of actual payment forthwith.

ii) To issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to pay a compensation for the loss and damage suffered by the petitioner and his family by reason of non-payment of pension and retirement benefits under the Rules immediately on his retirement on 31.5.2023 in time at the lowest estimate at Rs.10,00,000/- (Ten Lakhs) with interest expeditiously and at any rate, within a time frame that may be fixed by this Hon'ble Court;

iii) To issue such other appropriate writ, direction or order which this Hon'ble Court deems just and fit in the circumstances of the case, and

iv) To award exemplary costs to the petitioner.

2. During the pendency of the writ petition, an interim order was passed by this Court on 23.02.2024 directing the respondents to disburse the entire pensionary benefits due to the petitioner within two weeks. Accordingly, the pensionary benefits were granted to the petitioner on 13.03.2024 and 14.3.2024. Now, what remains in this writ petition is the claim of interest for the belated payment and pension, and for compensation for the loss suffered by the petitioner and his family for non-payment of pension in time. The facts which are necessary for resolving the dispute involved in this case are as follows:

The petitioner was initially appointed as Higher Secondary School Teacher (History) in the NSS Higher Secondary School, Koottar. Thereafter, on completion of 8 years of service he was placed in HSST (Senior Selection Grade)with effect from 6.8.2011. While so, the petitioner was suspended from service under Rule 67 Chapter XIVA of the Kerala Education Rules as he was implicated as an accused in Crime No. 1116/2016 of Poochakkal Police Station for the offences under Sections 376(2)(n) of the Indian Penal Code and Section 66E of the Information Technology Act. Later, the suspension was revoked and the petitioner was reinstated in service on 19.06.2017 and thus the petitioner was kept under suspension during the period from 1.11.2016 to 18.6.2017.

3. Later, in the trial conducted, the petitioner was found to be not guilty and accordingly he was acquitted as per Ext.P5 judgment rendered by the Additional Sessions Judge-1 Alappuzha. As a consequence of the same, the period of suspension from 1.11.2016 to 18.6.2017 was regularized on 07.06.22 as admissible duty as per Ext.P6 order. Later, as the petitioner was due to retire on 31.5.2023, the petitioner submitted Ext.P9 application for pension with requisite documents before the 3^rd respondent on 28.03.2023. However, the 4^th respondent-Regional Deputy Director (RDD), Chengannur, requested the 3^rd respondent to forward the service book of the petitioner to his office, stating that the General Education Department, at Secretariat had instructed to get the service book of the petitioner for verification, and accordingly, the same was forwarded to the 4^th respondent. On account of the same, the pension could not be processed and therefore acting upon the representation submitted by the petitioner, the