CAT Srinagar directs release of provisional pension to senior citizen petitioner after 40-years of legal battle

Srinagar, Nov 08: The Central Administrative Tribunal (CAT), Srinagar Bench, has expressed deep concern over the “agonizing and painful ordeal” of Mohammad Amin Shah, a senior citizen and retired employee of the Consumer Affairs & Public Distribution (CAPD) Department, who has been litigating for more than four decades to secure his pensionary benefits.

Shah, who was suspended in 1982 and later acquitted of all charges by a Special Anti-Corruption Court in 1998—a decision upheld by a Division Bench of the High Court in 2004—has yet to receive his full pension. Despite reinstatement, the department delayed regularizing his suspension period and withheld benefits, even though a similarly placed co-accused officer, Abdul Hamid Hajam, had his pension released.

The Tribunal noted that despite multiple directions, the CAPD department failed to produce complete service records. The Bench observed that the respondents’ actions appeared “unfair, arbitrary, and unconstitutional”, emphasizing that the petitioner had already deposited the alleged outstanding amount of Rs 80,799 nearly two decades ago.

The Tribunal also disapproved of a remark made in open court suggesting that Shah “might have another source of income,” calling it inappropriate and insensitive considering Shah’s age and circumstances.

While passing immediate direction, the Tribunal held to ensure justice and ordered Accountant General’s Office to release provisional pension within two weeks. The Tribunal also directed the Commissioner/Secretary, CAPD, Kashmir, must finalize the petitioner’s full pension by November 15, 2025, even if this requires processing the file on a non-working day. It also added that the Deputy Director (Administration), CAPD, must personally monitor the case and ensure prompt processing.

The Tribunal cautioned that in case of non-compliance, the Commissioner/Secretary must appear in person before the court.

The Tribunal cited Supreme Court rulings, reiterating that “Pension is not a bounty but a property right under Article 300A of the Constitution.” (D.S. Nakara v/s Union of India).

The Bench also noted that delayed pension payments may attract interest, referencing the recent Full Bench ruling in Rajbir Singh v. Municipal Corporation of Delhi.

The case has been listed for November 25, 2025, as the first matter of the day.