K. K. Denesan, J. - (1.) The petitioner retired from the service of the respondent-Board, on 31-3-2004, while working as Assistant secretary. The grievance sought to be redressed through this writ petition pertains to the non-payment of commuted value of pension due to him. The respondent has not accorded sanction for payment of commuted value of pension. According to the petitioner, he is entitled to commute his pension in accordance with the rules and upon such commutation he is entitled to receive the amount thus sanctioned, immediately on his retirement.
(2.) The respondent has filed a counter affidavit. The respondent states that but for a vigilance enquiry pending against the petitioner, the entire terminal benefits including commuted value of pension would have been paid to him, by this time. Ext.R1(b) communication received from the Vigilance and Anti-corruption Bureau, Thiruvananthapuram addressed to the Secretary of the respondent show that 'no vigilance case is pending against the petitioner". What is going on is a vigilance enquiry. Ext.R1(b) further says that enquiry may or may not result in the registration of a case. As matters now stand, the vigilance is not in a position to express any definite opinion as to what would be the outcome of the vigilance enquiry.
(3.) Counsel for the petitioner submits that pendency of the vigilance enquiry will not come within the purview of the expression 'judicial proceeding' in Rule 3A(a) of part III of Kerala Service Rules, and therefore, the respondent is acting illegally by its refusal to sanction the commuted value of pension, thereby depriving the petitioner of substantial amount he is entitled to, towards terminal benefits. Rule 3A(a) aforesaid reads: "Rule 3-A. (a) Where any departmental or judicial proceeding is instituted under rule 3 or where a departmental proceeding is continued under clause (a) of the proviso thereto, against an employee who has retired on attaining the age of compulsory retirement or otherwise, he shall be paid during the period commencing from the date of his retirement to the date on which, upon conclusion of such proceeding final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service upto the date of retirement or if he was under suspension on the date of retirement, upto the date immediately preceding the date on which he was placed under suspension, but no gratuity or death-cum-retirement gratuity shall be paid to him until the conclusion of such proceeding and the issue of final orders thereon".;