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Judgment
JUSTICE RITU TAGORE, MEMBER [JUDL.]
The Learned counsel for the applicant submits that the applicant, Shri Habibullah Khan, is a retired employee of the Jammu & Kashmir Police Department, who entered Government service as a Police Constable in the year 1982 and, after rendering approximately four decades of service and earning promotions in the normal course, ultimately retired as a Sub-Inspector on attaining the age of superannuation in the year 2022.
It is submitted that upon his retirement, the applicant became entitled to pensionary and retiral benefits admissible under the applicable rules, including pension, arrears of pension, retirement gratuity and other retiral dues. According to the applicant, the requisite departmental formalities for settlement of his retiral case were completed, including service verification, submission of the Last Pay Certificate and issuance of the No Demand Certificate. Thereafter, his pensionary case was processed through the office of the Accountant General (A&E), Jammu & Kashmir and Ladakh, and a Pension Payment Order/Forwarding Slip was issued in his been placed on record as Annexure A-1.
Learned counsel further submits that the gratuity claim of the applicant was also processed by the competent authority and a Gratuity Payment Order was issued through the office of the Accountant General (A&E), Jammu & Kashmir and Ladakh, specifying the amount payable to him. Despite the issuance of the Pension Payment Order and Gratuity Payment Order and completion of the requisite formalities, according to the applicant, his pensionary and retiral benefits have not been released in their entirety and the gratuity amount determined as payable has also remained withheld and/or unpaid.
It is submitted that the applicant's grievance is confined to the release and proper determination of his pensionary and retiral benefits. He also asserts that his pension and other retiral benefits require to be determined on the basis of his correct and legally admissible pay, taking into account his increments. In this regard, reliance has been placed upon the official service record, including the pay-fixation statement issued under SRO 193 of 2018 dated 24.04.2018, as well as the earlier pay fixation with effect from 01.01.2006. According to the applicant, any omission or error in giving effect to the aforesaid pay fixation, Selection Grade or increments would have a consequential effect upon his pension and other retiral benefits.
Learned counsel submits that the official record, including the Pension Payment Order/Forwarding Slip and Gratuity Payment Order, demonstrates that the applicant's retiral case had already been processed by the competent authorities. It is, therefore, contended that the respondents are required to verify the entire service and pay record of the applicant, determine the benefits legally admissible to him and release the same, including consequential arrears, if any.
Central Administrative Tribunal06.It is further submitted that the applicant, being aggrieved by the continued non-release of his pensionary and retiral dues, submitted a detailed representation dated 29.07.2026 before the concerned respondents/competent authorities, requesting release of his outstanding pension, arrears of pension, gratuity and other admissible retiral benefits. A copy of the representation along with postal receipts has been placed on record as Annexure A-2 (Colly). According to the applicant, the said representation has not been considered and no reasoned decision or communication has been conveyed to him.
Learned counsel submits that pension and retiral benefits constitute valuable entitlements arising out of the applicant's long and qualifying Government service and that continued withholding thereof, despite completion of the retirement formalities and processing of the pensionary case, has caused financial prejudice to the applicant. It is further submitted that the applicant seeks appropriate interest on the retiral dues which have
The applicant has also raised grounds that the respondents are under a statutory and public duty to correctly maintain and regulate his service and pay records and to ensure that his pension and other retiral benefits are calculated in accordance with the applicable rules. It is contended that the official records relating to his promotion/Selection Grade, pay fixation and annual increments cannot be disregarded while determining his final pay for pensionary purposes and that, wherever necessary, his pension and other retiral benefits are liable to be re-fixed with consequential arrears.
It is further submitted that the applicant has exhausted the remedies available to him by submitting representations to the concerned authorities and that the enquiry report dated 04.04.2025 submitted pursuant to his last representation has also not been considered. The applicant, therefore, claims that he has been left with no efficacious remedy except to approach this Tribunal. He also states that no subject matter has been filed before any other Court.
However, after arguing the matter for some time, learned counsel for the applicant submitted 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 claims raised therein, together with the documents annexed thereto, strictly in accordance with law and within a stipulated period.
Mr. Syed Musaib, learned Deputy Advocate General, appearing on advance notice, submitted that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.
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 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 claims and assertions made therein, together with the documents annexed thereto, including the applicant's claims regarding verification of his service record, promotion/Selection Grade, pay fixation, increments, pension, gratuity and other retiral benefits, strictly in accordance with the applicable rules, regulations and the law governing the field.
While undertaking the aforesaid exercise, the respondents shall associate the applicant with the process and afford him a reasonable opportunity to place on record any Central Administrative Tribunalfurther documents or material in support of his claim. 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 them.
In case the applicant is found entitled to the reliefs/benefits claimed by him, the respondents shall ensure release of such admissible benefits, including consequential arrears, if any, found payable to him, 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.
Central Administrative Tribunal19.Registry shall consign the record to the Record Room after due compliance.