The court ruled that without established liabilities, a pensioner's gratuity cannot be withheld, reinforcing the need to follow statutory procedures and the Full Bench ruling against such actions.

JUDGMENT

ALEXANDER THOMAS, J.

The respondents in W.P.(C) No.42482/2018, filed by the respondent herein (writ petitioner) have instituted the present intra court appeal under Section 5 (i) of the Kerala High Court Act so as to impugn the judgment dated 03.04.2019 rendered by the learned Single Judge in W.P.(C) No.42482 of 2018.

2. Heard Sri.C.K. Pavithran, the learned Standing Counsel for the Travancore Devaswom Board appearing for the apellants/respondents in the writ petition (civil) and Sri.T.B. Hood, the learned Advocate appearing for the sole respondent in the writ appeal/the sole writ petitioner.

3. The writ petitioner had earlier served the appellant Travancore Devaswom Board and he had retired from service of the appellant Devaswom Board while holding the post of Sub Group Officer (Higher Grade) on 30.06.2015. Earlier while he was in service, the Vigilance & Anti-Corruption Bureau, Special Investigation Unit, under the Directorate of Vigilance & Anti-Corruption Bureau, Thiruvananthapuram, had registered a Crime as Vigilance Case, VC.2/2002/SIU against him, in which the writ petitioner has been arrayed as the sole accused alleging commission of offences punishable under Secs.468, 471 and 201 of the IPC and Secs.15 read with Sec.13(1)(d) of the Prevention of Corruption Act .

4. Later, it appears that the Investigating Officer of the Vigilance & Anti-Corruption Bureau, Special Investigation Unit, Thiruvananthapuram, had completed the investigation in the said vigilance case and had submitted final report/charge sheet in VC.2/2002/SIU, and thereupon the competent criminal court concerned, viz., the court of the Enquiry Commissioner & Special Judge, Thiruvananthapuram, had taken cognizance of the offences alleged against the writ petitioner, which then led to the institution of Calendar Case, C.C. No.11/2011. Further, it appears that during the pendency of the investigation of the vigilance case, the writ petitioner was suspended from service and later he was reinstated to the service. It is thereafter that the writ petitioner had retired from service on 30.06.2015. Ext.P-1 is the pension payment order dated 22.12.2015, issued in favour of the writ petitioner by the appellant Travancore Devaswom Board. Later, it appears that Ext.P-3 notice dated 05.01.2017 was issued by the appellant Board stating that since judicial proceedings within the meaning of Rule 3 Part-III Kerala Service Rules (KSR) was pending after the criminal court had taken cognizance on the final report/charge sheet filed by the vigilance police, the writ petitioner is entitled only for the benefit of provisional pension and not full pension, in view of the mandatory provisions contained in Rule 3A Part-III KSR and directions have already been issued as per Ext.P-3 that the excess pensionary amounts drawn by the writ petitioner on the basis of Ext.P-1, pension payment order will have to be refunded by him. Further it appears that the said direction in Ext.P-3 to the limited extent it involves refund and recovery of the excess pension amounts has already been stayed by this Court as per Ext.P-4 interim order dated 27.02.2017 in W.P.(C) No.5946/2017, filed by the writ petitioner. It is stated that the said writ petition (civil) is still pending consideration.

5. Later, Ext.P-5 proceedings dated 04.08.2017 has been issued by the appellant Board ordering that the admissible total DCRG (Death Cum Retirement Gratuity) amount payable to the writ petitioner consequent to his retirement is Rs.7,24,605/- and further it appears that the appellant Board authorities have no case that any liabilities as envisaged in Note 2 & Note 3 of Rule 3 Part-III KSR have been fixed or proposed to be fixed as against the writ petitioner. Later, the trial in the abovesaid Calendar Case, C.C. No.11/2011 (arising out of the abovesaid VC.2/2002/SIU) had commenced and the criminal court concerned, viz., the court of Enquiry Commissioner, Thiruvananthapuram, has rendered Ext.P-6 judgment date