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Judgment
ORDER
Applicant is a retired Assistant Superintendent of Posts, who was compulsorily retired by Annexure-A1 order dated 01.12.2020. The grievance of the applicant is that, though commuted value of pension was fixed by Annexure-A3 order dated 24.06.2021, even after lapse of time the amount is not being disbursed. Therefore, he seeks a direction that the said amount of Rs.13,38,047/- sanctioned as commuted value of pension should be disbursed to him at the earliest, with interest at 12% per annum.
According to the applicant, he was working as Superintendent of Post Offices on adhoc basis in Tirur Division, then he was proceeded under the CCS(CCA) Rules and was imposed a punishment of compulsory retirement. Thus he retired from service and has been sanctioned pension as per Annexure-A2 order. Still the commuted value of pension fixed as per Annexure-A3 is not being disbursed. Annexure-A4 shows that he had been under treatment and underwent amputation of left leg on 23.03.2022. He is in urgent need of money and non- disbursement of the amount of Rs.13,38,047/-is illegal. According to him, all the formalities as provided under Rule 20 of CCS(Commutation of Pension) Rules, 1981 have been completed a year back and still withholding of the amount is illegal and arbitrary.
The respondents filed reply contending that while working as Superintendent of Post Offices, Tirur on adhoc basis, serious allegations of misconduct were raised against him. There were allegations that he had managed to get an amount of Rs.25,000/- from Smt. Mariumma N Nainan, Postal Assistant, BP Angandi, contravening the provisions of CCS (Conduct) Rules, 1964, that he issued transfer orders to one Rajan NP, Postal Assistant, Mangalam, whose request was rejected by the Post Master General and he borrowed Rs.75,000/- from Smt.Pushpa KK, a part time contingent staff of Tirur Divisional Office promising to return Rs.1,00,000/- within six months contravening the provisions of CCS(Conduct) Rules, 1964. Later, he was reverted to his substantive post of Assistant Superintendent of Post Offices and was posted in Kozhikode Division with effect from 08.11.2018. While so, proceeding under Rule 14 of the CCS(CCA) Rules was initiated against him in respect of all the three charges. On culmination of enquiry in respect of the third allegation, on finding him guilty, compulsory retirement along with withholding 10% of pension for two years was imposed and thus he was compulsorily retired with effect from 01.12.2020. As per Rule 133 of Postal Manual Volume-III, disciplinary proceedings against an employee who has been dismissed or removed from service in another disciplinary case will stand suspended. However, since the applicant was compulsorily retired, Rule 133 is not applicable. As the disciplinary proceedings are pending, retirement benefits like retirement gratuity, commutation of pension have been withheld as provided in Rule 4 of the CCS(Commutation of Pension) Rules, 1981. Therefore, the substance of the contention of the respondents is that Rule 4 of the CCS(Commutation of Pension) Rules stands as legal impediment in releasing the amount to the applicant.
According to the respondents, Annexure-A3 is not a sanction order, but only an intimation regarding the eligibility to get an amount of Rs.13,38,047/-, after medical examination, if commutation become absolute before his next birthday. As the applicant is not eligible for commutation of pension, the amount cannot be disbursed to him, so that the application is sought to be dismissed.
During the pendency of the O.A., the applicant passed away on 24.02.2023 and his wife got herself impleaded as additional 2nd applicant, who prosecuted the proceedings.
I heard the learned counsel for the additional applicant and also the learned Standing Counsel.
According to the learned counsel for the additional applicant, whatever legal impediments stood on the way of releasing the amount, that stand removed by the death of the original applicant and therefore she pleaded for releasing the amount at the earliest. On the other hand, learned Standing Counsel highlighted Rule 3(1)(b) of CCS(Commutation of Pension) Rules which provides that 'an applicant means a Government servant, including a retired Government servant, who applies for commutation of a percentage of pension in the prescribed form'. According to him, the amount cannot be claimed as a matter of right. But the learned counsel for the applicant submitted that, so long as the other disciplinary proceedings have become non-est on account of the death of the original applicant, the sanction has become absolute and therefore the respondent cannot withhold the amount any further.
As pointed out by the counsel on both sides, while the original applicant was working as Superintendent of Post Offices in Tirur Division, serious acts of misconduct were alleged against him. He was working on adhoc basis. On raising such allegations, he was reverted to his substantive post of Assistant Superintendent of Post Offices and was posted in Kozhikode division. Thereafter, three disciplinary proceedings were initiated against him, on the allegations already mentioned above. The third charge, that he had borrowed an amount of Rs.75,000/- from one Pushpa, contingent employee, was the subject matter of a disciplinary proceedings. Annexure-A1 shows that the original applicant did not participate in the enquiry proceedings. Thus an ex-parte report of enquiry was presented before the competent authority. Then a copy of the report was served on him and his remarks were called for. He made representation; and after considering the representation as well, by Annexure-A1 order dated 01.12.2020 he was compulsorily retired from service with immediate effect and 10% of his monthly pension was withheld for a period of two years. That order has become final and he has already retired from service. The other two disciplinary proceedings are pending so that Rule 4 of the CCS(Commutation of Pension) Rules stood on the way, as a legal impediment in releasing the amount. Rule 4 reads thus:
“4.Restriction on commutation of pension - No Government servant against whom departmental or judicial proceedings, as referred to in Rule 9 of the Pension Rules, have been instituted before the date of his retirement, or the pensioner against whom such proceedings are instituted after the date of his retirement, shall be eligible to commute a percentage of his provisional pension authorised under Rule 69 of the Pension Rules or the pension, as the case may be, during the pendency of such proceedings.“
That means, disciplinary proceedings initiated against the applicant are pending, on the date of filing this OA, in respect of the first two allegations raised against him which were originated before his compulsory retirement on 01.12.2020. In the circumstances, there is justification in withholding the amount, pending conclusion of the other disciplinary proceedings initiated against him.
But all such contentions have fallen to the ground on the death of the applicant on 24.02.2023. The causes of action for the disciplinary proceedings have also come to an end so that Rule 4 of the CCS (Commutation of Pension) Rules do not stand on the way of granting the amount as per the nomination and eligibility.
Going by Rule 6 of the CCS(Commutation of Pension) Rules, commutation of pension shall become absolute on receipt of the application in Form 1 by the Head of Office. Rule 20 provides the procedure to be followed by the authorities. It is evident from Annexure-A3 that such procedures were completed and the amount was quantified and an intimation was given. Of course, at that time, there was impediment in releasing the amount as provided in Rule 4 of the CCS(Commutation of Pension) Rules since he was facing two other disciplinary proceedings originated prior to his compulsory retirement. Therefore, ordinarily the amount cannot be released to the applicant. But in the light of the subsequent development that the original applicant has passed away, such disciplinary proceedings also must have come to inevitable premature clause, the respondents are bound to release the amount subject to the nomination filed before the competent authority.
In the result, the O.A. is allowed to the extent of directing the respondents to release the commuted value of pension to the nominees of the original applicant within a period of 45 days from the date of receipt of a copy of this order. There will be no order to pay interest or costs.
List of Annexures
Annexure A1- True copy of the Proceedings No. VIG/17/NR/113/2020 dated 01.12.2020 issued by the 2nd respondent
Annexure A2- True copy of the pension payment order No. POSTAL/KE/26276 issued by the 3rd respondent
Annexure A3- True copy of the Part IV of the Form No. 2 by which an amount of Rs. 13,38,047/- was sanctioned as commuted value of pension
Annexure A4- True copy of the medical certificate dated 29.03.2022 issued by Dr Charles Abraham, Believers Church Medical College Hospital, Thiruvalla
Annexure R1- True extracts of CCS (Commutation Of Pension) Rules, 1981
Annexure R2- True copy of the letter to Applicant dated 5-12-2022
Annexure MA1- True copy of the Death Certificate dated 10.03.2023 of the 1st respondent herein issued by the Registrar of Births and Deaths, Nedumpuram Grama Panchayat
Annexure MA2- True copy of the Id Proof details of the miscellaneous applicant herein