5 years delay in retiral benefits to 65-year-old forest official

Srinagar, Aug 09: The Central Administrative Tribunal (CAT) in Srinagar Friday granted two more weeks to the authorities to comply with its order on release of pensionary benefits to a forest official who retired from service five years ago.

A division Bench comprising M S Latief and Prasant Kumar granted the time after hearing DAG on behalf of the government and Pradeep Kumar, Secretary Forest Department, who was present.

“We accordingly, grant further two weeks' time to do the needful and trust that the directions will be complied with in their letter and spirit. We also direct the petitioner herein to cooperate with the department whatever is within his means,” the bench said and listed the matter for further hearing on September 13, 2024.

“We expect and again appreciate the personal efforts of the Secretary, not only to uphold the rule of law but also to earn the blessings of a pensioner who has been languishing in this Court past so many years, wailing and crying for his pensionary benefits so that he could get his unmarried children married, a day for which he might have been dreaming to come true,” the bench added.

Before passing the directions, the tribunal observed that the perusal of the orders on file revealed that the authorities had very casually dealt with the directions of the Court as the petitioner had been denied his pensionary benefits for the past five years.

The court noted that vide order dated July 24, 2024, a very detailed order was passed wherein the DAG was granted one week's time to file his compliance report and was also directed to comply with the order dated 28-05-2024, by virtue of which Financial Commissioner (ACS) Forest, Environment and Ecology Department, J&K was ordered to be present before the Court either in person or through virtual mode.

As the matter came up, Pradeep Kumar, Secretary Forest Department was present in virtual mode from his office. However, as directed, Financial Commissioner (ACS) J&K, was not present either in person or through virtual mode.

The DAG on behalf of the government submitted that the ACS Forest, Dheeraj Gupta was presently busy in a meeting with the Chief Secretary, pertaining to the '15th August Celebrations' as such Pradeep Kumar, Secretary was present through virtual mode.

Kumar informed the court that he personally went to the Office of the Finance department to see that the judgment of the Court along with the orders passed in the Contempt Petition from time to time are complied with. “This gesture of the Secretary, Forest Department, Pradeep Kumar is appreciated” the court said.

“We expect that Pradeep Kumar, Secretary Forest Department will endeavour that the poor pensioner is not further made to suffer as even his provisional pension has not been released,” the bench said.

“Denial or delay in release of the pension or its pensionary benefits would also be violative of human rights as also violative of Article 21 of the Constitution of India. We would again like to sensitize the respondents that pension is not a gift,” the tribunal said. “We would again like to reiterate that justice delayed is justice denied. Particularly, in a case where the pensioner herein has been without pension past five  years and the petitioner is made to not only suffer but also to be present in the Courts when his age does not warrant him to be compelled to be in courts.”

The court observed that denial or delay in the release of the pension or its pensionary benefits would also be violative of human rights as also violative of Article 21 of the Constitution of India.