The main legal point established is that under Rule 69 of the Tamil Nadu Pension Rules, 1978, a government servant is entitled to receive provisional pension pending judicial proceedings, as long as the proceedings have not reached finality.

1. The prayer in the Writ petition is to quash the order of the Second Respondent dated 22.9.2010, withdrawing the provisional pension paid to the Petitioner, who was not permitted to retire from service on 30.6.2000.

2. The said order withdrawing the provisional pension was passed by Second Respondent on the ground that the Petitioner was placed under suspension by order dated 14.7.1986 for involvement of offences under Sections 120-B, 409, 467, 468, 471, 420, 109, IPC read with Section 5(2) read with 5(1)(c) and (d) of the Prevention of Corruption Act, 1947. The suspension order was revoked on 28.11.1990. Thereafter the Petitioner was permitted to retire on 30.6.2000 without prejudice to the outcome of the Criminal proceedings pending and a sum of `6,725 was sanctioned as provisional pension and the same is being paid under PPO. No.35775 till the impugned order was passed.

3. In the Criminal case charge sheet was filed by the DVAC before the III Additional Special Judge, Chennai, and the said case was tried as C.C. No.36 of 1986 and by Judgment dated 13.4.2006 the Petitioner was convicted and sentenced to undergo rigorous imprisonment. For the offences under Sections 409, 467, and 471 r/w 467, I.P.C., the Petitioner was imposed with a punishment of rigorous imprisonment for two years and also to pay a fine of `1,000/-, in default to undergo simple imprisonment for six months for each section; and for the offences under Sections 468, 420, 477-A, I.P.C. and Section 5(1)(c) r/w 5(2) and 5(1)(d) r/w 5(2) of the Prevention of Corruption Act, he was imposed with the punishment of rigorous imprisonment for one year and also to pay a fine of `500/-, in default to undergo simple imprisonment for three months for each section; and that, the sentences were ordered to run concurrently.

4. The impugned order withdrawing the provisional pension was passed based on the conviction by invoking Rule 8(1)(1)(a) & (b) and Rule 9(a) of the Tamil Nadu Pension Rules, 1978, which is being followed by the Tamil Nadu Electricity Board, which states that future good conduct shall be a condition precedent for the grant of pension and its continuance and the Petitioner having been convicted for the Criminal offences his bad conduct is found and provisional pension was cancelled.

5. The learned Counsel for the Petitioner submitted that as against the conviction and sentence imposed in C.C. No.36 of 1986 by judgment dated 30.4.2006, Criminal Appeal in C.A. No.382 of 2006 was filed before this Court and this Court ordered suspension of sentence and the Petitioner is on bail. The learned Counsel also submitted that the Pension Rule relied on by the Respondents viz., Rule 8(1)(1)(a) & (b) and Rule 9(a) are in respect of final pension and not with reference to provisional pension.

6. The said rule viz., Rule 8(2) states, where a pensioner is convicted of a serious crime by a Court, action under sub-rule (1) shall be taken in the light of a judgment of the Court relating to such conviction. Sub-rule (1)(a) states, future good conduct shall be a implied condition of every grant of pension and its continuance under these Rules. Sub-rule (1)(b) contemplates withholding or withdrawal of pension or part thereof, whether permanently or for a specified period, if the Petitioner is convicted of a serious crime or is found guilty of grave misconduct.

7. Petitioner is not sanctioned with final pension in terms of Chapter-II of the Tamil Nadu Pension Rules, 1978, but he has been sanctioned only with provisional pension in terms of Rule 69. Rule 69(1) deals with sanction of provisional pension not exceeding the maximum pension which would have been admissible on the basis of qualifying service upto the date of retirement of the Government Servant. Rule 69(2) contemplates adjustment of provisional pension paid against the final retirement benefits sanctioned to such Government Servant upon conclusion of such proceedings but no recovery shall be made where the pens