The Kerala High Court, on May 30, 2025, strongly criticized the State Government for delaying pensionary benefits to Dr. Ciza Thomas, a retired Principal of Government Engineering College and former temporary Vice Chancellor (VC) of APJ Abdul Kalam Technological University (KTU).
Dr. Ciza Thomas retired on March 31, 2023. However, the State withheld her pension citing various legal proceedings, which the Court found unjustified and unlawful. She had taken charge as interim VC of KTU on November 3, 2022, following an order by the Chancellor — the then Governor of Kerala — under the University Act.
“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 Court observed.
The Court firmly held that there were no pending disciplinary or judicial proceedings against Dr. Thomas. It added that the disciplinary actions taken earlier were already quashed.
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The State had argued that a review petition was filed in the Supreme Court over her appointment, claiming she violated the Government Servants Conduct Rules, 1960. But the Supreme Court had dismissed the earlier petition (SLP), and no current legal bar existed against releasing her pension.
“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,” the Bench stated.
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The Division Bench of Justice A. Muhamed Mustaque and Justice Johnson John emphasized that the Government was using its authority to oppress a retired employee. It noted that Rule 3 of Part III of the Kerala Service Rules (KSR) only allows withholding pension when there are ongoing judicial or departmental proceedings — which was not the case here.
Earlier, the Kerala Administrative Tribunal had directed the release of her provisional pension. Despite this, the State delayed action, which forced Dr. Thomas to approach the High Court under Article 227 of the Constitution. The Court chose to exercise its power under Article 226 due to the clear violation of her rights.
“We are astonished to see how the State is using its authority arbitrarily to deny legitimate dues of a retired government servant,” the judgment read.
The Court directed the State to disburse all pending terminal benefits, including pension, within two weeks. On the matter of interest, it allowed Dr. Thomas to approach the Tribunal.
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The judges reiterated that constitutional courts have the duty to protect fundamental rights and cannot turn a blind eye to such misuse of power, especially when basic entitlements of a retired government servant are at stake.
Quote (Highlight from Judgment):
“When the authority of the Government becomes a wield to harass government servants, can the constitutional court gloss over such arbitrary action to frustrate the legitimate entitlements?”
Case No: OP (KAT) 186 of 2025
Case Title: Dr. Ciza Thomas v State of Kerala and Others
