G. BHASKAR PRABHU v. KARNATAKA STATE KHADI & VILLAGE INDUSTRIES BOARD

The petitioner in this wit petition had called in question the endorsement dated 29.5.2018, by which the respondent Karnataka State Khadi and Village Industries Board (hereinafter referred to as the Board for short) has stopped payment of provisional pension to the petitioner on the instructions of the Lokayuktha.

2. Brief facts of the case leading to filing of the writ petition in terms of the pleadings are that, the petitioner while in the service of the respondent - Board, a criminal case came to be registered against him in SPL.C.C.No.8/2010 and the petitioner during the pendency of the said criminal case, retired from service on attaining the age of superannuation on 31.01.2011.

3. The competent criminal court convicted the petitioner by its judgment of conviction dated 16.11.2017, for the offences alleged in the case. Owing to such conviction, the provisional pension that was paid to the petitioner from the date of his retirement was stopped from December, 2017.

4. No fault could be found with the respondent - Board on stopping payment of the provisional pension to the petitioner on his conviction, as the pension is paid for good conduct in terms of the Rules. The said criminal case being pending before this Court is no ground to claim provisional pension. When once the case is decided and if the petitioner succeeds, it is axiomatic that the petitioner would be entitled to terminal benefits in terms of the rules.

5. With the aforestated observations, the writ petition stands disposed. Sd/- JUDGE CT:MJ