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Judgment
K. Vinod Chandran, J
Read order dated 22.11.2013:
Despite service of notice on the 3rd respondent/Bank, no counter affidavit has been placed on record till date.
The grievance of the petitioner is that his pension sanctioned as per Ext.P1 has been stopped as per Ext.P2. The reason for such stoppage of pension is said to be Ext.P3 which speaks about a proposal for making regulations to deduct the pension of employees who were charged with misappropriation in the same lines as in the Kerala Service Rules. Such an anticipated move to frame regulation cannot lead to cancellation of pension sanctioned validly.
Hence, there shall be an interim stay of Exts.P2 and P3 and the 1st respondent/Board shall start disbursing the pension from November, 2013. The arrears shall however, be kept pending till the final disposal of the writ petition.
The 3rd respondent/Bank shall file counter affidavit within a period of two weeks from today.
The petitioner''s pension has been withheld based on Exhibits P2 and P3 and obviously the same is only for the reason that there are some surcharge proceedings pending against the petitioner and that the Department proposes to make Regulations to deduct the pension of employees who were charged with misappropriation in the same lines as in the Kerala Service Rules. Both have not fructified and it is only on the basis of an apprehended action as also an anticipated regulation that the pension has now been withheld. Such a course of action has been deprecated by the Hon''ble Supreme Court in State of Jharkhand and Others Vs. Jitendra Kumar Srivastava and Another, :
It hardly needs to be emphasized that the executive instructions are not having statutory character and, therefore, cannot be termed as "law" within the meaning of aforesaid Art. 300A. On the basis of such a circular, which is not having force of law, the appellant cannot withhold - even a part of pension or gratuity. As we noticed above, so far as statutory rules are concerned, there is no provision for withholding pension or gratuity in the given situation. Had there been any such provision in these rules, the position would have been different.
In such circumstance, Exhibits P2 and P3 are set aside. The arrears of pension is to be necessarily paid to the petitioner, within a period of one month from the date of receipt of a copy of this judgment.
Writ petition allowed. No costs.