S. PURUSHOTHAMAN S/O. K.SREEDHARAN NAIR (LATE), RETIRED J.T.O., BSNL, RESIDING AT C Vs. UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TELECOMMUNICATIONS, SANCHAR BHAVAN, 20 ASHOKA ROAD, NEW DELHI

JUDGEMENT

(1.) :- Interference declined by the Central Administrative Tribunal vide Ext. P6 order in O.A. No.180 of 2015, whereby it was held that the relief claimed for disbursement of commuted value of Pension and DCRG cannot be granted to the petitioner during pendency of judicial proceedings by virtue of the bar under the relevant Rule, is under challenge in this Original Petition.

(2.) The petitioner was working as Junior Telecom Officer in the BSNL and while so, he attained the age of superannuation and retired from service on 31.01.2008. His pensionery benefits were not sanctioned and disbursed, but for releasing the provisional pension, on account of the pendency of the judicial proceedings by way of C.C No. 532 of 2004 on the files of the Judicial First Class Magistrate's Court, Neyyattinkara. It was alleged that the petitioner, while working as Junior Telecom Officer (Technical) in the Office of the Deputy General manager, Pattom, Thiruvananthapuram, was instrumental in giving ISD connection to the accused persons through the Junior Telecom Officer - Parassala, without following the prescribed procedure, by virtue of which huge loss was caused to the Department under different heads. Crime was registered in the year 1997 and the offences alleged are under Sections 120 B, 568, 471 and 420 of Penal Code r/w Sections 20 and 25 of the Indian Telegraphs Act and Rule 425 of the Indian Telegraph Rules.

(3.) Alleging that there was inordinate delay in finalizing the judicial proceedings [which was pending for more than 19 years] and further that there was no provision to withhold the pension or commuted value of pension, the petitioner approached the Tribunal by filing O.A. with the following prayers :