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Judgment
ORDER
Per Hon’ble Mr. M.S. Latif, Member (Judl.)
By way of filing the instant O.A., the applicant seeks the following reliefs:
a. Direct the Respondents to forthwith process, finalize, settle and release the Applicant's pensionary and retiral benefits consequent upon his retirement on 31.03.2026.
b. Direct the Respondents to consider and act upon the Applicant's date of birth as 04.03.1966 in the light of the duly verified Matriculation Certificate, the DOB Committee recommendation and HQ J&K Police communication No. Estt/DOB-19/2025/25270-71 dated 05.11.2025, on the basis of which he has been retired.
c. Direct the Respondents to release all admissible retiral benefits including pension, gratuity, commutation of Central Administrative Tribunalpension, leave encashment, GPF and other benefits, as applicable under rules.
d. Direct issuance/finalization of the Applicant's Pension Payment Order (PPO) and commencement of regular monthly pension.
e. Direct payment of arrears from the dates on which the respective benefits became due, along with such interest as this Hon'ble Tribunal may deem just and proper.
f. Pass any other order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
What stems out of the pleadings made is that the applicant was appointed as a Constable in the J&K Police Department in the year 1987 and, as stated, the applicant during the course of his service, earned promotions from time to time on the basis of his seniority, merit, conduct and satisfactory service, and ultimately attained the rank of Sub Inspector.
It is stated that the genuine and actual Date of Birth (DOB) of the applicant is 04.03.1966, which is as per the DOB recorded in his Matriculation Certificate issued by the competent Board.
It is further stated that the applicant superannuated on the basis of the actual DOB recorded in his service record as 1966 and
not 1963, as the DOB of the applicant was 04.03.1966. It is also stated that the department noticed an overwriting/alteration in the DOB column of the character roll maintained by the respondents, wherein the year 1963 appeared to have been Central Administrative Tribunal overwritten so as to read 1966.
Learned counsel for the applicant submitted that an enquiry was conducted as regards the actual DOB and the DOB so recorded, and submits that the enquiry culminated into issuance of a communication No. Estt/DOB-19/2025/25270-71 dated 05.11.2025, wherein the AIG-P for DG-P after having conducted the enquiry, has accorded sanction to the adoption of the DOB of the applicant as 04.03.1966 in terms of Article 35-AA of the J&K CSRs.
Learned counsel for the applicant further submits that despite the applicant having effectively superannuated from his active service, coupled with the fact that the DOB as 04.03.1966 having been recorded, the pension and other benefits of the applicant have not been released right from the date of his superannuation, i.e., the end of March 2026. He further submits that the applicant has already moved a detailed representation
before the competent authority which is appended with the O.A. as Annexure 3 Page 18, and the same, as stated, has not been disposed of. He further submits that right to pension is not a bounty. It is the right of an employee, which has attained the Central Administrative Tribunal status of a fundamental right in terms of Article 300A of the Constitution of India.
Law is no more res integra that pension and pensionary benefits cannot be delayed without any cause or reason, and even otherwise there is no bar in releasing provisional pension in favour of an employee, subject to sanction of final pension.
Prima facie, what appears is that the DOB of the applicant has already been recorded as 04.03.1966, in terms of the communication of the AIG-P for DG-P dated 05.11.2025.
Heard.
At the request, the instant O.A. is disposed of by providing that the respondents shall consider the release of all pension and pensionary benefits in favour of the applicant, in case there is no legal impediment in such release within a period of six weeks positively. Needless to say that a pensioner deserves a soft-gloves
attitude, as the livelihood of the pensioner and his family is dependent upon the pension and pensionary benefits, which an employee receives by the dint of his long service. It is expected that the needful will be done with due dispatch. Central Administrative Tribunal
Accordingly, O.A. No. 945/2026 is disposed of along with all connected M.A.s, if any.