Kulamani Naik vs Union Of India & Ors.

PRAMOD KUMAR DAS, MEMBER (A):

Admittedly, vide order dated 11.02.2022, the applicant was made to retire compulsorily as a measure of penalty in culmination of the disciplinary proceedings initiated against him and the said order of retirement , by way of punishment, attained its finality being not challenged before any court of law. He was sanctioned provisional pension at the time of retirement vide order dated 07.07.2022. He submitted representation for issuance of final Pension/PPO, Commuted Value of Pension and other related retiral dues and, alleging no tangible action, he preferred this OA praying for direction to the respondents to issue final PPO and grant Commuted Value of Pension

Respondents filed counter stating inter alia that the applicant, while working as Sub Postmaster, Tinimuhani SO under Kendrapara Division, from 16.07.2019 to 13.03.2020, he was placed under suspension in contemplation of disciplinary proceedings followed by issuance of charge sheet under Rule 14 of the CCS (CCA) Rules, 1965 vide Memo dated 10.06.2020 on the allegation of misappropriation of public money. The DP so initiated against him culminated in imposition of punishment of compulsory retirement vide Order No. Inv/Misc-K Naik/2021 dated 11.02.2022. The said order attained its finality as the applicant neither preferred any appeal nor challenged the same before any court of law. Consequent upon imposition of punishment of compulsory retirement, he was sanctioned provisional pension. He was also paid the DCRG, Leave Salary and GPF amount. The Director of Accounts Postal (DAP), Cuttack could not finalize the PPO, final DCRG and commutation of Pension as the past work verification of Tinimuhani SO was not completed and total amount of loss sustained by the Department due to fraud committed by the Applicant was not finalized. Due to non compliance of Past work verification the Disciplinary/Vigilance clearance against the Applicant was not obtained and for which the Account Enforcement (A.E.) compliance report could not be furnished to the Director of Accounts (Postal), Cuttack and therefore the pension case including commutation of pension could not be finalized. The delay was procedural and not intentional. Subsequently, the past work verification of the Applicant has been completed and received at SPOs Kendrapara Division on 23.03.2026 vide ASP Kendrapara North Sub Division Letter No. F/Misc/Tinimuhani SO dated 20.03.2026 and his pension case has been processed. Accordingly, the A.E. Compliance has been submitted to the Director of Accounts (Postal), Cuttack vide Letter No. C1-551/22-23 dated 12.05.2026 for issuance of final PPO and other pensionary benefits. On receipt of audit authorization from the Director of Accounts (Postal), Cuttack, the Applicant shall be paid his admissible final pension along with commuted value of pension in accordance with rules.

Today, Ld. Counsel appearing for the respondents prays to allow some more time so that the grievance of the applicant can be redressed at the hands of the Respondents. On the other hand, Ld. Counsel appearing for the applicant raised voice against non-sanction of retirement dues of the applicant and prayed for imposition of heavy cost.

We have considered the submissions of the parties and perused the records.

The Supreme Court of India has repeatedly ruled that pension is not a bounty or a charity, but a fundamental right earned by an employee through years of dedicated service. Bureaucratic delays, often referred to as "red tape" that withhold or delay pension payments are legally unacceptable and violate Article 21 (Right to Life and Dignity) and Article 14 (Right to Equality) of the Constitution. In the matter of pension, the case of D.S. Nakara & Others Vs Union Of India, 1983 AIR 130^, is a historic decision, in which, the Hon’ble Apex Court held that payment of pension is neither a bounty nor a matter of grace depending on the sweet will of the employer. The government is expected to act as a model employer. Administrative inefficiency, past verification of records, or slow approval chains cannot be used as excuses to penalize a retiree since pension is the primary source of sustenance of the applicant after making him retire compulsorily. In the instant case, admittedly, the applicant was made to retire compulsorily vide order dated 11.02.2022 as a major of punishment and he was sanctioned provisional pension vide order dated 07.07.2022. Counter has been filed in this case on 25.06.2026 wherein it is stated that the matter is still under examination and more time is required to issue final PPO and commuted valid of pension. The Respondents did not furnish any such dates explaining where the file was lying starting from 07.07.2022 till 25.06.2026 [about four years]. Further, what action was taken against the person on whose lapses such delay of about four years has occasioned and what action has been taken against such erring officer/official as provided vide DoP&T OM No. 12(9)/2020-P&PW(C)-6450 dated 23^rd February, 2022 providing there in that “responsibility shall be fixed and disciplinary action shall be taken against the Government servant or servants who are found responsible for the delay on account of administrative lapses” since it is settled law that a lethargic, casual approach by administrative authorities in releasing retirement benefits cannot be tolerated, as pensionary dues are a fundamental right under Article 21 and property under Article 300-A of the Constitution of India.

Since, entitlement of the applicant for final pension/final PPO and Commuted Value of Pension thereon is not in dispute and, already, meanwhile four years have elapsed, we direct Respondent No. 2 to personally look into the matter so that the final PPO and commuted value of pension is issued/paid including all arrears on or before 20.11.2026; failing which, the applicant shall be paid Rs. 50,000/- towards costs over and above the entire dues to which he is entitled to under Rules.

This OA is accordingly allowed to the extent stated above. There shall be no order as to costs.