In Brief
Two government employees in Kerala, convicted of corruption-related offences while in service, sought payment of Death-cum-Retirement Gratuity (DCRG) pending their criminal appeals. The High Court ruled in their favour, holding that DCRG could only be withheld during departmental proceedings, not judicial proceedings, and struck down the rule permitting withholding during pendency of criminal cases. The Supreme Court reversed, holding that an appeal is a continuation of judicial proceedings, and DCRG can be validly withheld until criminal proceedings are conclusively disposed. The Court held that Rule 3A of the Kerala Service Rules must be read in conjunction with Rule 3, not struck down, and that provisional pension during the interim period adequately meets sustenance needs.
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