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.
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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.
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