Pension rights cannot be compromised due to pending criminal cases against retirees, reaffirming earlier judicial decisions.

JUDGMENT

The prayer in this writ petition is to direct the respondents to sanction and disburse full pension and commuted value of pension to the petitioner within a specified time limit.

2. The counter affidavit filed by the respondents says that the non-disbursal was owing to the pendency of a criminal case against the petitioner before the JFCM, Chengannur. Admittedly, the petitioner retired on 31.05.2024. In the counter affidavit it has been stated that the charge sheet was filed before the JFCM, Chengannur on 25.08.2018. It can be seen from Ext.P4 that the final report in Crime No.441 of 2014 at Venmony Police Station had not been filed even as on 27.11.2024, which is much after the date of retirement of the petitioner. The petitioner has also produced Ext.P5, the communication from the court, which specifically states that the charge was filed only on 04.01.2025. It is hence apparent that all these had happened after the retirement of the petitioner. In similar circumstances this Court has in Madhusudhanan v. Kerala State Electricity Board Ltd [ 2022 KHC 5676 ] held that the pension cannot be withheld for pendency of a criminal case. I am in respectful agreement with the judgment inMadhusudhanan's case (Supra).

This writ petition is hence allowed. There will be a direction to the respondents to sanction and disburse the full pension and commuted value of pension to the petitioner within a period of two months from the date of receipt of a copy of this judgment.