Pension Is Savings Of An Employee And Pendency Of Suit Regarding Caste Status Is No Ground To Deny It: Kerala HC

The Court held that the Pension can only be deprived in accordance with the procedure established by law or when employment is obtained by fraud, consequently, the Court directed the State to disburse pensionary benefits.

The Division Bench of Justice Muhamed Mustaque and Shoba Annamma Eapen observed, “The Petitioner retired in the year 2013. Pension is a savings of an employee, that can be deprived only in accordance with the procedure established by law or when it is shown that the employment itself has obtained by playing fraud. In the light of the factual situation as above, we cannot hold that any fraud has been committed by the petitioner, though her status as a member of moger community, is set to be retained by this Court.”

Advocate Kaleeswaram Raj appeared for the Petitioner whereas Special Government Pleader appeared for the Respondents.

The Petitioner, who retired from the post of Junior Superintendent, ITI, Kannur and belonged to ‘Moger’ Community was not granted pensionary benefits because the issue related to the caste status is yet to be settled by the Court. The Kerala Administrative Tribunal, noting that the issue related to the caste status of the petitioner is pending before the Court, dismissed the plea seeking direction for the disbursal of the pensionary benefit of the petitioner.

The Court noted the order of a similar case where pensionary benefit was given by the Court, which held “The pensionary benefits cannot be denied to officers as the officers retired from the service before the enquiry is concluded. The scrutiny committee's report could be relied upon only to prevent continuation of enjoyment of status as an employee based on an appointment made in a quota earmarked for scheduled caste. In a matter like this, the pensionary benefits flow from the service rendered for a long period of years of service to the State. Though the employment can be struck down, the pensionary benefits need not be struck down unless there is a manifest fraud committed by the employee.”

Accordingly, the Court directed the State to disburse the pensionary benefit of the petitioner, within two months. Accordingly, disposed of the petition.

Cause Title: Vimalakumari M.K. v. State of Kerala and Ors. (Neutral Citation: 2024:KER:23724)

Appearances:

Petitioner: Advocates Kaleeswaram Raj, Thulasi K. Raj and Chinnu Maria Antony

Respondents: Special Government Pleader and Advocate Latha. T. Thankappan

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