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

Srinagar, July 28: The Central Administrative Tribunal (CAT) in Srinagar warned the authorities against contempt proceedings if they failed to comply with its order on release of pensionary benefits to a forest official who retired from service five years ago.

“We would like to reiterate that the judgment of the Court dated 08-05-2023 will be complied with in its letter and spirit and all respects and this court is not compelled to frame rule against the contemnors as this court must uphold the rule of law and the majesty of law un-deterred either high or low,” a bench comprising Judicial Member M S Latif and Administrative Member Prasant Kumar said.

The bench was hearing a contempt plea by Zahoor Ahmad Ahangar, who superannuated as Forest Guard five years ago and is yet to receive even his “provisional pension”.

In its judgmental dated May 8, 2023, the tribunal had directed the Forest authorities concerned to calculate the pension and pensionary benefits of Ahangar after taking the date of superannuation as June 30, 2019, and issue proper PPO and release within three months the pension and pensionary benefits to him along with arrears.

Ahangar approached the tribunal again with a contempt plea contending that the court’s judgment was not complied with by the authorities.

The court expressed its concern over non-compliance with the various orders it passed from time to time about the implementation of the judgment and order directing the release of retiral benefits to the 65-year-old retired official.

The court observed that on May 28 this year, counsel for the government submitted that the Principal Chief Conservator of Forests Rohan Jaggi in keeping with the court order could not cause his presence as he had to attend the Senior Foresters Workshop (SFW) in New Delhi.

“Given the submission made coupled with an application for seeking exemption of Jaggi, the court allowed the exemption and dispensed with the personal appearance for that day,” it said.

The court held that Pradeepchandra Wahule (IFS) submitted that some more time was required to be granted to do the needful and accordingly, four weeks was granted to file their compliance.

“It was made clear that in case compliance is not filed, the Financial Commissioner (ACS) Forests, Environment and Ecology Department to be present before the court either in person or through virtual mode,” the tribunal said.

“Today, the matter came up for consideration. Compliance of the judgment has not been done nor order dated 28-05-2024 has been complied with,” the court said in its order of July 24.   “Prima facie it appears that the respondents are guilty of having willfully violated the judgment passed by this court as, despite ample opportunities, the judgment of the court has not been complied with coupled with the statement made by Wahule (IFS), Conservator of Forests that the judgment will be complied with in its letter and spirit.”

The court ordered that a copy of the order it passed be served to the Chief Secretary and ACS Forests, Environment and Ecology Department along with copies of the orders dated February 19, 2024, February 28, 2024, April 8, 2024, May 8, 2024, and May 28, 2024, passed by it.

It listed the matter for further hearing on August 8 as Case No 1.