IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 OP.No. 26517 of 2002(F) ------------------------------ PETITIONER(S): ------------------- A. ALOYSIUS, SPECIAL VILLAGE OFFICER/ UPPER DIVISION CLERK (RETD.), RESIDING AT DEEPA NIVAS, ARAVILA, KAVANAD P.O., KOLLAM. BY ADV. SRI.M.GEORGE THOMAS SRI.SUMAN CHAKRAVARTHY SRI.P.VIJAYABHANU RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE ACCOUNTANT GENERAL (A & E) KERALA, P.B.NO.5607, M.G. ROAD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR. B. VINOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 26517 of 2002(F) APPENDIX Petitioners Exhibits: Ext.P1: True copy of the directions issued by the Principal Secretary, Government of Kerala, Vigilance (E) Department to R2. Ext.P2: True copy of the proceedings No.S3-20269/99 datd 28.2.2000 issud by R2. Ext.P3: True copy of the proceedings No.E1-9000/2000 dated 7.3.2000 issued by R2. Ext.P3(a): True copy of the letter No.A1-9000/2000 dated 13.3.2000 recived from the Superintendent of Survey & Land Rcords to R2. Ext.P4: True cpy of the communication N.P-12/Pena/1142/B1/00-01 dated 23.10.00 received by R2 from R3. Ext.P5: True copy of the Order dated 29.5.02 in Crl. M.P.No.3419/00 in Crl.A.No.354/02. Ext.P6: True copy of the order No.S3-20269/99 dated 23.7.2002 issued by R2. Ext.P7: True copy of th communication No.P-13/Pena/1142/B1/00-01 issued by R3. /True copy/ P.A. To Judge sou. K. HEMA, J ---------------------- O.P.No.26517 OF 2002 ----------------------------------- Dated 5th January, 2011 J U D G M E N T This writ petition is filed to quash Ext.P6 and P7 and issue a writ of mandamus forbearing respondents 2 and 3 from stopping monthly disbursement of pension and to continue to grant him pension irrespective of issuance of Ext.P6 and P7 orders. 2. Ext.P6 is the order issued by District Collector removing the petitioner from service with effect from 22.4.1999, consequent to conviction in CC.54/2000 before the Enquiry Commissioner and Special Judge. Ext.P7 is letter from Accounts Officer stating that he is not eligible for pension. According to petitioner, Exts.P6 and P7 orders were passed only because of the conviction in CC.54/2000 under section 13(1)(d) r/w 13(2) of PC Act. But as per the order in Crl. Appeal no.354/2002 before this court, this court set aside the conviction and sentence and hence he is eligible for pension, it is submitted. 3. On going through the records I find that though Ext.P6 order was issued, as per the counter affidavit filed on behalf of first respondent, conditional reinstatement and conditional superannuation was ordered by the court on a later date. O.P. No.26517/02 2 Petitioner retired from service on 31.3.2000. According to the respondent, Government servant removed from service is not eligible for pension and hence action taken by Accountant General is absolutely correct. 4. Having acquitted the accused of offence under section 7 and 13(1)(d) r/w 13(2) of PC Act, neither Ext.P6 nor Ext.P7 will be valid, since both the orders are issued on the premise that accused was convicted. Therefore, I make it clear that in the light of the judgment passed in Crl.Appeal no.354/2002, by which the conviction and sentence passed against petitioner were set aside, there will be no bar in payment of pension to petitioner. The respondents shall therefore, disburse the pension to petitioner. Ext.P6 has become infructuous in the light of what is stated in the counter affidavit. Ext.P7 is set aside, in the light of judgment in Crl. Appeal no.354/2002. 5. Petitioner is at liberty to move the Government to get arrears of pension and in such event, steps will be taken by respondents to disburse arrears of pension as expeditiously as possible. This petition is disposed of accordingly. K. HEMA, JUDGE. Sou.