Pension not a bounty, tackle pensioners with soft glove attitude: CAT tells Govt

Srinagar, Feb 19: The Central Administrative Tribunal (CAT) in Srinagar here on Monday held that pensioners need to be tackled with a soft gloves attitude as pension is property of an employee, not a bounty.

Expressing dismay over non compliance of its order to release pensionary benefits of a retired forest official, a division bench comprising M S Latif Member (J) and Prasant Kumar Member (A) said: “It is the admitted position of law that pension is not a bounty. It is the right of every employee and has assumed the status of Constitutional right in terms of article 300-A of the Constitution of India and it has been described as the property of an employee”.

The Court observed that the pensioners are expected to be treated with smile, grace, compassion and above all with humanity. “They need to be tackled with a soft gloves attitude”.

The Court said this while hearing a contempt plea by a retired official who has approached it with the contention that the order dated 08-05-2023 directing the respondents (authorities) to release his pension and pensionary benefits along with arrears, has not been complied with.

“We are at pains that despite a speaking order issued by this court on 08-05-2023, directing the respondents to issue the PPO and release the pension and allied benefits to the applicant along with arrears within a period of three months…., the respondent/competent authority, despite belonging to a welfare State, seems to be very insensitive to the matter and has not filed the statement of facts nor the compliance report,” the court said.

This case, the court says, deserves all sympathy as the pensioner has been deprived of his hard earned returns notwithstanding the fact that he has put in his youth, his blood and sweat with the department.

Issuing notice to notice to the competent authority - Divisional Forest Officer (DFO), Urban Forestry Division, Srinagar, through DAG, the Court said: “It, pima facie, appears that the said officer has violated the order of the court intentionally”.

The Court has made it clear that it was concerned only with the implementation of its orders, judgments, saying ultimately it is the rule of law which is to be upheld. “We once again reiterate that we do not want the officer/s to remain present in person before the court but at times circumstances do compel the courts to seek their personal presence for taking the orders of the court casually and in a routine manner, polluting the stream of justice”.

The Bench directed the DAG to convey the anguish and displeasure of the court to the authority concerned - the Divisional Forest Officer (DFO), Urban Forestory Division, Srinagar, and keep him present in person before the Court on the next date of hearing at 11.00 AM, so that he attends his normal duties thereafter.

“The officer to explain his position as to why, despite clear cut directions from the court, he has flouted the same necessitating filing of this contempt petition. He shall also show cause as to why rule is not framed against him for having shown absolute disregard and disrespect to the judgment passed by this court”.

While the Court listed the matter for consideration on 28-02-2024, in the meanwhile, respondents to comply with the direction dated 08-05-2023.