STATE OF KERALA Vs. S. PULIKESHY

JUDGEMENT

(1.) The State of Kerala/the Respondent No.2 in O.A.No.569/2016 of the Central Administrative Tribunal Ernakulam Bench has filed this Original Petition challenging Ext-P4 Order dtd. 2/8/2017 in the said O.A. The said Original Application was filed by the Respondent No.1, who is a retired Director General of Police seeking reliefs including direction to pass final orders in the disciplinary proceedings and direction to grant the DCRG amount and the Commutation of Pension.

(2.) When the O.A was taken up for consideration the Respondent No.1 limited his prayer to Direction to respondent No.2 to grant DCRG amount and Commutation of Pension and accordingly, by the impugned Ext.P4 order, the Tribunal directed the petitioner to disburse the Commutation of Pension and DCRG as prayed for in the O.A within two months from the date of the said order, after entering a finding that the rules relating to payment of pension and other retirement benefits to the members of All India Service do not contain any provision for withholding the pension and gratuity.

(3.) The above Original Petition is filed challenging ExtP4 order of the Tribunal on the specific grounds in view of Rule 6(2) of the All India Services (Death cum Retirement Benefit) Rules 1958, where a departmental or judicial proceeding is instituted or the where a departmental proceeding is continued after retirement, only provisional pension is permissible after retirement till final order is passed in the departmental proceedings; that payment of DCRG and Commutation of Pension is impermissible during the pendency of the departmental proceedings; and that in view of the said specific provision the Respondent No.1 was sanctioned provisional pension to the tune of 100% of the pension.