Latest news with #KeralaServiceRules
The Print
31-05-2025
- Politics
- The Print
Kerala HC orders disbursal of pension of former VC Ciza Thomas
'This court cannot ignore the gross injustice meted out to such a distinguished government servant. We will have to protect her pensionary right, which is a property right under the Constitution, and it cannot be denied as such unless by a procedure established by law. A bench of Justices A Muhamed Mustaque and Johnson John noted that the government exercised its authority and power to 'harass' Thomas for taking up the VC's office at the instance of the chancellor, the then Governor Arif Mohammed Khan. Kochi, May 30 (PTI) The Kerala High Court held on Friday that the state government withholding the pension of Ciza Thomas, former vice-chancellor of the A P J Abdul Kalam Technological University, was a violation of her fundamental rights and directed that her entire terminal benefits be released within two weeks. 'In view of the above, we direct the official respondents (government) to release the entire terminal benefits due to her within two weeks from today,' the bench said. It said the question of interest payable on the amount can be left to the Administrative Tribunal to decide. The bench came to the finding after noting that the disciplinary proceedings initiated against Thomas were quashed by the high court and no judicial proceedings were pending against her. It said the Kerala Service Rules allow the state government to withhold pension only when departmental proceedings or judicial proceedings are pending. 'In the absence of any pending departmental or judicial proceedings, the government cannot withhold pensionary benefits of Dr Ciza Thomas. 'We note that the government exercised its authority and power in flagrant violation of her fundamental rights and to harass her for taking up the office of the vice-chancellor at the instance of the chancellor, the then governor,' the bench said. The order came on a plea moved by Thomas seeking a direction to the government to disburse her regular pension, arrears and all other terminal benefits. According to the court, the only justification given by the government for the delay in disbursing the pensionary benefits was that it has filed a review petition in the Supreme Court against the dismissal of its special leave petition challenging a Kerala High Court order that set aside its show-cause notice to Thomas as part of the disciplinary action initiated against her. The action was initiated after she retired in March 2023 as the principal of the Government Engineering College, Thiruvananthapuram. The government was of the view that she violated the Government Servants Conduct Rules by assuming the office of the vice-chancellor. PTI HMP RC This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Time of India
30-05-2025
- Politics
- Time of India
Release pension, benefits to Ciza Thomas in 2 weeks: HC to govt
Kochi: In a major setback to the state govt, Kerala high court on Friday ordered the release of all terminal benefits due to Ciza Thomas, former vice-chancellor of APJ Abdul Kalam Technological University (formerly Kerala Technological University), within two weeks. Allowing the petition filed by Thomas seeking the disbursement of pensionary benefits and monthly pension, a division bench of Justices A Muhamed Mustaque and Johnson John held that the govt violated her fundamental rights by denying her terminal benefits. Thomas retired from service on March 31, 2023. On the same day, a charge memo was issued to her, alleging that she had assumed charge as the vice-chancellor without the approval of the govt. However, despite these rulings, the state govt continued to withhold her death-cum-retirement gratuity and other retirement benefits, prompting her to approach the court once again. The only justification provided by the govt for withholding her pensionary benefits was that it had filed a review petition before the apex court against the dismissal of its special leave petition challenging the quashing of proceedings against Thomas. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trending in in 2025: Local network access control [Click Here] Esseps Learn More Undo The court observed that no disciplinary proceedings were pending against her, no adverse claims were raised, and a liability certificate was already issued. Citing Rule 3 of Part III of the Kerala Service Rules (KSR), it clarified that the govt may withhold pension only if departmental or judicial proceedings are pending. In the absence of such proceedings, the withholding of pensionary benefits was held to be unlawful. The court further criticised the govt's actions, stating that they amounted to a flagrant violation of her fundamental rights and constituted harassment for having accepted the office of the vice-chancellor at the instance of the former chancellor and governor. She was serving as senior joint director at the technical education department earlier. The high court subsequently quashed the charge memo proceedings, and this decision was later upheld by the Supreme Court. It remarked that such gross injustice to a distinguished govt servant could not be overlooked. It reaffirmed that the right to pension is a property right under the Constitution and cannot be denied except through a procedure established by law. Regarding the issue of interest, the court held that the petitioner can approach the tribunal, which is competent to decide the matter. Thomas is currently serving as the temporary vice-chancellor of the Kerala University of Digital Sciences, Innovation and Technology (Digital University Kerala), in accordance with the chancellor's directive.
