Pension is not bounty, its denial or delay violates Constitution: CAT

Srinagar, Apr 15: The Central Administrative Tribunal (CAT) in Srinagar has held that the pension of a retired employee is not a bounty and denial or delay in its release violates the Constitution of India.

“Pension is not a bounty. It is an earned right accrued by an employee through years of dedicated service. Denial or delay in its release violates Article 300A of the Constitution of India,” a Division Bench comprising Judicial Member, M S Latif, and Administrative Member, Prasant Kumar said.

The bench also observed that the delay amounts to a violation of fundamental human rights.

The court said this while dealing with a contempt plea by a retired IAS officer A K Mehta, who is seeking compliance of the order dated November 23, 2020, passed by the tribunal at Jammu.

Mehta retired from active service on April 4, 2019, and approached the tribunal at Jammu for the release of his retiral benefits.

A Division Bench of CAT at Jammu in its order dated November 23, 2020, directed the authorities to finalise the pension case of Mehta after retaining Rs 14,36,151 from his gratuity.

The tribunal in the order said that the question of release of the amount would be considered at the time of the finalisation of Mehta’s plea.

For non-compliance of the order, Mehta invoked the contempt jurisdiction of the court on May 30, 2023, and multiple orders were subsequently passed by the court for implementation of the order by the benches of CAT at Jammu and Srinagar, the tribunal said.

Vide an order dated March 19, 2025, the tribunal expressed its displeasure over the “continued non-compliance” of the order dated November 23, 2020, and issued a bailable warrant to seek the presence of Secretary to the Government, Planning Development and Monitoring Department, Talat Parvez Rohella.

In its order of April 7, the tribunal said that Rohella was present before the court and he submitted that all endeavours would be made to comply with the court's directions within three weeks.

At the same time, he also submitted that three weeks should not be a rider and the same would be dependent on clearance from the Anti-Corruption Bureau (ACB), the tribunal said.

Meanwhile, the tribunal directed the Senior Superintendent of Police, ACB, Kashmir, to expedite the clearance of the facts and circumstances of the case as the same was required in seeking compliance with the order passed by this court dated November 23, 2020.

The tribunal asked the Planning Development and Monitoring Department to endeavour to take up the matter with the ACB and convey the directions of the order of the court to them.

It listed the matter for further hearing on May 20.