IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 15831 of 2004(I) ------------------------------------- PETITIONER: ------------------- T.T.THOMAS, EX.NO.15302992 NK (TS), PRESENTLY RESIDING AT THAZHANGANAT HOUSE, MUNDAYAMPARAMBA P.O., NATTEL, KANNUR DISTRICT, KERALA, PIN-670 704. BY ADV. SRI.M.P.KRISHNAN NAIR. RESPONDENTS: ------------------------ 1. CHIEF OF ARMY STAFF, SENA BHAVAN, NEW DELHI. 2. THE COMMANDANT, HEADQUARTERS, MEG & CENTRE, BANGALORE-560 042. 3. CDA (CENTRAL DEFENCE ACCOUNTS), ALLAHABAD. 4. THE COMMANDING OFFICER, 18, ENGINEER REGIMENT, C/O. 56 A.P.O. 5. THE COMMANDING OFFICER, DEPOT BATTALION, MEG & CENTRE, BANGALORE-560 042. 6. THE RECORD OFFICER, MEG & CENTRE, BANGALORE-560 042. 7. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. BY ADV. SRI.S.KRISHNAMOORTHY, C.G.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15831/2004-I: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE CERTIFICATE DTD. 1ST OCTOBER, 2003, ISSUED TO THE PETITIONER BY OFFICER COMMANDING, BOMB DISPOSAL UNIT, NSG. EXT.P.2: COPY OF THE REPRESENTAION DTD. 23/01/04 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS. EXT.P.3: COPY OF THE JUDGMENT DTD. 26/02/2004 IN W.P. NO. 6769/04 OF THIS HONOURABLE COURT. EXT.P.4: COPY OF THE LETTER DTD. 13/03/04 SENT BY THE PETITIONER'S COUNSEL TO THE R.2. EXT.P.5: COPY OF THE ORDER FILE NO. 15302992/PEN/LC, NO. 15302992L EX NK (TS) TT THOMAS DTD. 02/04/04 ISSUED BY THE R.2. EXT.P.5.A: COPY OF THE COVERING LETTER NO. 15302992/PEN/LC/12 DTD. 06/04/04 ISSUED BY THE R.6. EXT.P.6: COPY OF THE LETTER NO. 15302992/L/PEN (S)/PPO/22 DTD. 23/02/04 ISSUED BY MR. O. CHAKRABARTI, CAPTAIN, RECORD OFFICER FOR OIC RECORDS, ADDRESSED TO THE COORD & PERS. DIRECTORAGE, ENGINEER-IN-CHIEF'S BRANCH, ARMY HOS., DBQ PO., NEW DELHI-110011 WITH A COPY TO THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R1: COPY OF THE PARA NO. 3-B () (I) OF PENSION REGULATIONS PART-I-1961 (REVISED). EXT.R2: COPY OF THE LETTER NO. F. 12 (1)/73/556/S/D (PENSION/SERVICES) DTD. 20/07/1974. EXT.R3: COPY OF THE LETTER NO. 15302992/CF/20/A DTD. 18/11/03 OF THE K.G. YEWALE), CAPT, ADJIT FOR CO. //TRUE COPY// prv. K. M. JOSEPH, J. -------------------------------------- W.P.(C). NO. 15831 OF 2004 I -------------------------------------- Dated this the 11th January, 2008 JUDGMENT Petitioner has approached this Court seeking the following reliefs: "(i) Call for the records leading to the issue of Exts.P5, P5(a) and P6 and quash Exts.P5 and P6. (ii) Declare that there is no master-servant relationship between the petitioner and the respondent after 1.1.04 when he was discharged from service. (iii) Declare that the petitioner is entitled to get all pensionary benefits with effect from 1.1.04 and interest @ 18% p.a. and also compensation for the delay and denial of the legitimate claim of the petitioner for payment of his retiral benefits with effect from 1.1.04; (iv) Issue a writ of mandamus or any other WP(C) NO.15831/04 I 2 writ, order or direction directing the respondents to release the PPO/retiral benefits of the petitioner with interest at market rate without further delay and also pay a compensation of Rs.1 lakh for the delay and denial of legitimate right of the petitioner." 2. A Counter Affidavit is filed stating, inter alia, as follows: "It is submitted that as per Para 3-B(a))i) of Pension Regulations Part-I-1961 (Revised), and Government of India, Ministry of Defence letter No.F-12(1)/73/556/S/D (Pension/Services) of 20th July, an individual who is involved in Criminal Discipline Case (s), which is still pending against him, on the date of his discharge from service, will not be paid Service Pension, Gratuity and Commutation value of pension, till the case is finalised. However, he would be paid Provisional Pension till finalisation of case. Since a Criminal Case No.551/97, under Section 147/148/149/308/341 of Indian Penal Code, was pending in the Honourable Court of WP(C) NO.15831/04 I 3 Metropolitan Magistrate, New Delhi against him on the date of discharge from service with effect from 01 Jan 2004, the provisions of above orders as mentioned in Exts.R1 and R2 above, were invoked. But he was sanctioned Provisional Pension vide Pension Payment Order No.S/020440/2004 (Army) dated 22 Mar. 2004." 3. What is stated as the reason for passing Ext.P5, is the pendency of the criminal case. The very same reason is stated in Ext.P6 also. There is no Reply Affidavit filed as such. It cannot be said that the factual position which is the premise for passing Exts.P5 and P6 is not present. In the teeth of the Regulations which have been produced as Ext.R1, I find no infirmity in the stand taken by the respondents. As long as the criminal case is pending, it is clear that finalisation of the service benefits could not be made. 4. Learned standing counsel appearing for the respondents submits that as soon as the criminal case is concluded, the case of the petitioner will be taken up and final settlement of WP(C) NO.15831/04 I 4 retirement benefits would be effected without any delay. Subject to recording this submission, the Writ Petition fails and it is dismissed. K. M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. OF 200 JUDGMENT 7th March , 200