Excelsior Correspondent
JAMMU, May 8: A Bench of Central Administrative Tribunal (CAT) comprising Parshant Kumar, Member (A) and MA Latifi, Member (J) has ordered that in case the judgment is not complied the Conservator of Forests, Srinagar Circle along with Principal Chief Conservator of Forests, J&K, Srinagar shall remain present before the court on the next date of hearing.
“This court would have given them the option to appear through virtual mode but in the peculiar facts and circumstances of the case, their personal presence is sought before the court as nobody is above law and judicial orders cannot be permitted to be circumvented by any delay or lethargy”, the CAT added.
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This significant order has been passed in a contempt petition arises out of the judgment passed the Division Bench of Tribunal dated 08.05.2023. The operative portion of the judgment read: “We direct the respondents to calculate the pension and pensionary benefits of the applicant after taking the date of superannuation as 30.06.2019 and issue the proper PPO and release pension and pensionary benefits to the applicant along with arrears. The exercise be completed within a period of three months from the date of receipt of certified copy of this order”.
Non-compliance of the judgment necessitated filing of the contempt petition.
“Vide order dated 19.02.2024, the respondents/contemnors were made aware of the law laid down by the Supreme Court of India that pension is not bounty. It is right of every employee and has even assumed the status of a Constitutional right in terms of the Article 300(A) of the Constitution of India, as the same is described as the property of an employee”, the CAT said, adding “then an order was passed on 28.02.2024, yet again the respondents/contemnors were not sensitive to the plight of the pensioner, who has superannuated five years back and is yet to receive even his provisional pension”.
“The pensioner, herein, is a Petty Forest Guard, who has given his life and blood to the service of the public”, CAT said, adding “denial or delay in the release of pension and pensionary benefits is not only arbitrary and illegal but is also a sin though not an offence and the sin committed by those who too have to reach the day of superannuation today or tomorrow”.
“Pensioners are to be dealt with smile, compassion and extra care. They have to be treated with soft and polite behaviour. Government servant in office always counts the day when he will superannuate from his active service only with a hope that he will get his retiral benefits and get his children married and live rest of his life with dignity”, the CAT said, adding “the concept of pension is only to provide succour to an employee who has dedicated his youth for cause of the public”.
CAT observed, “we are at pains that how this pensioner must be making his both ends meet in absence of provisional pension and other reitral benefits. True it is, that it is equally the duty of the employee to submit all the requisite and necessary documents for finalization of his pension papers but at the same time, a prompt and swift action is expected from the respondents in the peculiar facts and circumstances of the case”.
Bikram Deep Singh, DAG referred to communications bearing No. CCF(K)/LO/2024/276-80 dated 04-05-2024 as well as another bearing No. PCCF/Estt/NG/C-7387493/1209 dated 30-04-2024 as also letter No. CF/SGR/LO/CP/2024/384-86 dated 19-04-2024 wherein he wants to substantiate that the case of the petitioner is under active consideration.
“CAT is conscious that justice delayed is justice denied particularly when the employee is denied his pensionary benefits for the past five years. Any departmental wrangle or delay should not have come in the way of compliance of the judgment of court in its letter and spirit. Judicial orders are bound to be obeyed at all costs, however, grave the effect may be”, the Bench said.
CAT observed, “we are afraid that in terms of the Business Rules it is always the DDO or the Head of the Office who is competent to sanction pension and retiral benefits however, subject to certain norms”, adding “let us make it clear that in case the compliance of the judgment of the court is not complied within the fixed period, this court will be compelled to pass coercive orders as warranted under law. The coercive orders will only be passed in view of the peculiar facts and circumstances of the case”.
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