Bashir Ahmad Zargar vs Union Territory Of Jammu And Kashmir & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

The matter was listed today for filing of reply. Reply has been filed by respondent Nos. 5 and 6. During the course of hearing, learned counsel for the applicant, after arguing the matter for some time, submits that the interests of justice would be adequately served if the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicant’s claims for finalization and sanction of his pension and for release and disbursement of all pensionary and retiral benefits due and payable to him, including gratuity, leave salary and other consequential retirement benefits, together with the documents annexed thereto, strictly in accordance with law and within a stipulated period.

Mr. Rais-ud-Din Ganaie, learned Deputy Advocate General, appearing for respondent Nos. 1 to 4 and 7, and Ms. Rahella Khan, learned counsel appearing through VC for respondent Nos. 5 and 6, submit that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions Central Administrative Tribunal^{of the respective respondents.}

The case of the applicant, as projected in the present Original Application, is that despite the lapse of more than eight years from the date of his retirement, the respondents have failed to release the retiral/pensionary benefits due and payable to him, including pension, gratuity, leave salary and other consequential retirement benefits. It is stated that the applicant has repeatedly approached the respondents requesting release of the aforesaid dues, but the same have not been released and continue to be withheld without any justification.

The applicant submits that, being a senior citizen without any regular source of income after retirement, he is entirely dependent upon his retiral benefits for his sustenance and medical needs and that the non-payment thereof has caused financial hardship and mental agony to him and his family. It is further contended that pension and retiral benefits are valuable statutory and constitutional rights and that their arbitrary withholding Central Administrative Tribunal^{infringes the rights guaranteed under Articles 14 and 21 of} the Constitution of India. The applicant has also relied upon the legal position regarding timely finalization and release of pensionary and retiral benefits.

The applicant has assailed the action/inaction of the respondents, inter alia, on the ground that he has a statutory right to pension and retiral benefits, which cannot be withheld except in accordance with the procedure prescribed by law; that the right to receive pensionary and retiral benefits is also protected as part of the right to life; that non-release of the retiral/pensionary dues for more than eight years is arbitrary and unreasonable and violative of Articles 14 and 21 of the Constitution of India; and that despite his retirement, the respondents have failed to discharge their obligation to settle and release the retiral benefits payable to him. It is further stated that no order or communication assigning any reason for withholding the retiral/pensionary benefits has been issued to the applicant.

Central Administrative Tribunal^{06.The applicant states that he submitted a representation} dated 10.06.2026 before the respondents, projecting his grievances, but the same has not been considered or acted upon. It is also stated that the present Original Application has been filed for the first time in respect of the present cause of action and that no other case concerning the same cause of action is pending before any Court.

The applicant has sought, inter alia, a direction to the respondents to finalize and sanction his pension case without further delay and to release and disburse all pensionary and retiral benefits due and payable to him, besides compensation for the alleged delay in release of such benefits. He has also sought an interim direction for furnishing the present status of his long-pending pension case.

Having considered the submissions made at the Bar and perused the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present Original Application Central Administrative Tribunal^{pending, particularly in view of the limited prayer made} on behalf of the applicant.

Accordingly, in view of the limited prayer made on behalf of the applicant, this Tribunal, without expressing any opinion on the merits of the case or the rival claims of the parties, deems it appropriate to dispose of the present Original Application with a direction to the respondents to treat the present Original Application as a representation and accord due consideration to the applicant’s claims for finalization and sanction of his pension and for release and disbursement of all pensionary and retiral benefits due and payable to him, including pension, gratuity, leave salary and other consequential retirement benefits, as well as the representation dated 10.06.2026 and the documents annexed thereto, strictly in accordance with the applicable rules and regulations and the law governing the field.

The respondents shall thereafter pass a detailed, reasoned and speaking order within a period of eight (08) weeks from the date a certified copy of this order is served upon Central Administrative Tribunal^them.

In case the applicant is found entitled to any of the benefits claimed by him, the respondents shall ensure release of such admissible benefits in accordance with law, within a further period of four (04) weeks from the date of passing of the aforesaid order.

It is made clear that this Tribunal has not expressed any opinion on the merits of the applicant’s claim, and all questions of fact and law are left open to be considered by the competent authority while passing the aforesaid order.

With the aforesaid directions, the Original Application stands disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.

No order as to costs.

Registry shall consign the record to the Record Room after due compliance.