IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 23750 of 2010(P) -------------------------------- PETITIONER: -------------- LIAKHATHU KUNJU, K.V.HOUSE, ROAD VAZHIMUKKU, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT, (TINKER, KSRTC CENTRAL WORKS, RETIRED ON 31/5/2007) BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENTS: ----------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM-1. 2. THE EXECUTIVE DIRECTOR (VIGILANCE), KSRTC, THIRUVANANTHAPURAM-1. BY ADV.SRI.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23750 OF 2010 --------------------------------------- Dated this the 10th day of August, 2010. J U D G M E N T The petitioner is a retiree from the Kerala State Road Transport Corporation who retired on 31.05.2007 as Tinker from the Central Works of the KSRTC at Pappanamcode. He is receiving monthly pension as per Exhibit P1 Pension Payment Order. Even thereafter he was engaged as a casual worker by the KSRTC on daily wage basis for repairing the radiator of the vehicles. During the said period, the petitioner was implicated in a crime of theft of certain materials from the workshop. The said crime is registered as Crime No.142/2008 of Karamana Police Station. Thereafter, show cause notice (Exhibit P2) was issued as per Rule 59(b) of Part- III KSR proposing to withhold the pension of the petitioner in full or part. It is pointed out that the petitioner has already submitted his explanation to the show cause notice. The Disciplinary Authority ordered to keep the W.P.(C) No.23750/2010 2 departmental proceedings as pending till the conclusion of the criminal case. 2. The pay revision agreement came into force in KSRTC with retrospective effect from 01.03.2006 by which the pay and pension of the employees have been revised. Exhibit P4 is the order issued by the KSRTC directing to revise the monthly pension of the pensioners within a time frame. Since departmental proceedings are pending against the petitioner, the pension of the petitioner was not revised. It is pointed out that the pendency of the proceedings need not prevent the authority from revising the pension. 3. Heard the learned Standing Counsel for the KSRTC who submitted that the proceedings are yet to be finalised and therefore, any revision of pension can only be made subject to the outcome of the said proceedings. As on today, the criminal case is still pending but that will not stand in the way of revising the pension and issuing appropriate proceedings. But, it is made clear that the same will W.P.(C) No.23750/2010 3 be subject to the outcome of the departmental proceedings. Appropriate orders will be passed by the respondents as expeditiously as possible. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp