The main legal point established is the entitlement to provisional pension in the context of suspension, superannuation, and pending criminal proceedings, as per relevant rules and government orders.

JUDGMENT

(Payer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the entire records connected with the impugned order passed by the fourth respondent in Na.Ka.No.4408/Aa1/2021, dated 11.10.2021 and quash the same and consequently direct the respondents to pay the provisional pension to the petitioner from 01.06.2019 till the conclusion of the CBI Case in C1RC31 (A) 2015 CBI/ACB.)

1. The petitioner has filed this writ petition to call for the entire records connected with the impugned order passed by the fourth respondent in Na.Ka.No.4408/Aa1/2021, dated 11.10.2021 and quash the same and consequently direct the respondents to pay the provisional pension to the petitioner from 01.06.2019 till the conclusion of the CBI Case in C1RC31 (A) 2015 CBI/ACB.

2. The case of the petitioner is that the petitioner has joined as a Secondary Grade Teacher in the 6th respondent School on 03.02.1982 and the same was duly approved by the then District Educational Officer. Since from appointment, he discharged his duties with utmost devotion and dedication. On completion of 10 years of service, he was granted selection Grade in the year 1992 and also acquired higher qualifications of B.A., B.Ed. The petitioner was placed under suspension by the sixth respondent/School Management vide order dated 29.04.2017, on the ground that he has allegedly issued False Transfer Certificate to one Mrs.K.Gunasundari, who on the basis of the alleged false Transfer Certificate got appointment as Part- Time Sweeper at Indian Oversees Bank, Iyankarnpulam. Thereafter, the suspension order was revoked on 27.08.2017 and the petitioner has reached the age of superannuation on 31.07.2019 and he was relieved from service subject to the result of the outcome in the CBI case.

2.2. After his retirement, he made a representation to the respondents herein, requesting for disbursement of pensionary and other terminal benefits. The fourth respondent by proceeding vide Na.Ka.No.1412/A4/2020 dated 22.09.2020 informed that as per Rule 55 (1) of the Tamil Nadu Pension Rules, 1978 only the Head of the Office is the competent authority to sanction pension or death cum retirement gratuity. Hence, the petitioner made a representation dated 15.03.2021 seeking for either the provisional pension or the pension. Further he made a request to regularize the period of suspension from 29.04.2017 to 27.08.2017 and disbursement of salary for that period. However, no action was taken. Hence, he filed a writ petition before this Court in W.P.No.15400 of 2021 and the same was disposed of by this Court on 26.07.2021, by directing the fourth respondent to consider the representation of the petitioner within a period of twelve weeks from the date of receipt of a copy of that order. But, the fourth respondent/District Educational Officer vide Na.Ka.No.4408/Aa1/2021 dated 11.10.2021, rejected his claim for disbursement of terminal and pensionary benefits including gratuity benefits. Challenging the said order dated 11.10.2021, the petitioner has come forward with the present writ petition.

3. Learned counsel for the petitioner submitted that the petitioner was placed under suspension by the sixth respondent/School Management on 29.04.2017 on the ground that he has allegedly issued false Transfer Certificate to one Mrs.K.Gunasundari, who on the basis of the alleged false Transfer Certificate got appointment as Part-Time Sweeper at Indian Oversees Bank, Iyankarnpulam. Thereafter, a FIR was registered on 28.07.2015 under section 120(B) r/w, Section 420, 468, 471 and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act and the petitioner was not arrayed as accused in the FIR, nevertheless, he was called for enquiry by the CBI on 02.11.2015 and as such, he was released on the same day.

4. Learned counsel for the petitioner further submitted that in the statement given by the Manager of the School before the CBI,