The entitlement to provisional pension under Rule 69 of the Central Civil Services (Pension) Rules, 1972 continues until the conclusion of judicial proceedings, including the appeal process.

( 1 ) WHAT falls for decision-making in this writ petition is the interpretation of the words "after the conclusion of departmental or judicial proceedings occurring in clause (b) of Sub-rule (1) of Rule 69 of the Central Civil Services (Pension) Rules, 1972 (for short 'the Rules' ).

( 2 ) THE petitioner while serving as Accounts Officer in Telecom Department retired on attaining the age of superannuation on the afternoon of 31st January, 2002. Even before that date, in July 1993, the petitioner was trapped in criminal case and he was prosecuted by the special CBI Court Bangalore in C. C. No. 127 of 1994. The special Court after trial convicted the petitioner and he was sentenced to undergo R. I. for three years on each count by its judgment and order dated 31. 12. 2001. The petitioner being aggrieved by the said judgment and order, has preferred Criminal Appeal No. 78 of 2002 to this Court. The said appeal is admitted and pending. It is stated that the sentence is suspended by this Court.

( 3 ) AFTER the conviction of the petitioner by the CBI Court, the President of India invoking his power under Rule 9 (1) of the Rules, has forfeited the pension and gratuity payable to the petitioner. Questioning the said action of the President of India, the petitioner instituted Original Application No. 486 of 2003 in the Central Administrative Tribunal, bangalore Bench, Bangalore (for short Tribunal' ). The Tribunal having opined that since i the CBI Court has convicted and sentenced the petitioner to undergo R. I. for a period of three years, notwithstanding the fact that the petitioner has preferred the appeal to this Court and that the sentence has been suspended by this Court, it is the power of the President of India under Rule 9 (1) of the Rules to forfeit the pension and gratuity payable to the petitioner, dismissed the application. Hence, this writ petition.

( 4 ) WE have heard Mr. P. A. Kulkarni, learned Counsel for the petitioner and Mr. Basavaraj Kareddy, learned Central Government Standing Counsel for the respondents.

( 5 ) MR. Kulkarni would contend that the Tribunal has not construed the provisions'of clause (b) of Sub-rule (1) of Rule 69 of the Rules correctly and if the provision of Clause (b) is properly construed, it would not leave any doubt in anybody's mind that the petitioner is entitled to receive the provisional pension even during the pendency of the criminal appeal before this Court and for that matter till the conclusion of the judicial proceedings finally.

( 6 ) LEARNED Central Government Standing Counsel, per contra, would contend that the words "after the conclusion of departmental or judicial proceedings" as occurring in Clause (b) of Rule 69 (1) would be applicable only to the original proceedings and, they cannot be made applicable to the further proceedings by way of first appeal to this Court or further appeal to the Apex Court. According to the learned CGSC, such interpretation would be a reasonable interpretation and that would take care of the interest of the State in the event of delinquent failing in the appeal before this Court or further appeal to the Apex Court.

( 7 ) HAVING heard the learned Counsel for the parties, the point that arises for decision is whether the entitlement of the petitioner to receive provisional pension in terms of Rule 69 of the Rules is limited to the pendency of the proceedings before the original Court or that entitlement continues till the finality is reached by way of appeal to this Court or further appeal to the Supreme Court.

( 8 ) IN order to answer this point, it would be beneficial to first notice the provisions of rule 69 of the Rules itself. Clause (b) of Sub-rule (1) of Rule 69 reads as follows :"69 (1) (b): the provisional pension shall be authorised by the Accounts Officer during the period commencing from the date of retirement up to and including the date on which, after the conclusion of departmental or judicial proceedings, final orders