Mohd Ashraf Bhat vs Central Pension Accounting Office, Government Of India & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

The Learned counsel for the applicant submits that the applicant has served in the Police Department of the Government for a period of more than 35 years and has rendered his services with utmost sincerity, dedication and devotion throughout his service career. The applicant was appointed in the Police Department and continued to discharge the duties assigned to him by the competent authorities from time to time without any interruption affecting his qualifying service. Having completed the requisite qualifying service, the applicant became entitled to pension and other retiral benefits under the applicable service rules.

It is submitted that the applicant retired from Government service on 31.05.2026 on attaining the age of superannuation. His retirement was duly sanctioned by the competent authority vide Order No. 09 of 2026 dated 07.01.2026 issued by the Headquarters J&K Armed Police 5th Battalion, Srinagar, in terms of Article 220(1) of the J&K Civil Service Regulations, Volume-I. It is submitted that, upon his retirement, the applicant became entitled to settlement and release of his pension, gratuity, leave salary/encashment and all other admissible retiral benefits under the applicable rules. A copy of the said order has been placed on record as Annexure-I.

Learned counsel further submits that the applicant was also sanctioned a “Retirement Gift” of ₹1,00,000/-(Rupees One Lakh only) out of the Contributory Police 26.05.2026 issued by Police Headquarters, J&K, Srinagar. It is submitted that the said retirement gift is a welfare payment and is separate from the pensionary and retiral benefits otherwise payable to the applicant under the applicable service rules. A copy of the said order has been placed on record as Annexure-II.

It is further submitted that after the retirement of the applicant, his pension case was processed by the concerned authorities and respondent No.2 issued the Pension Payment Order in his favour and forwarded the same to the Treasury Officer, District Treasury, Anantnag, for payment of pension/family pension as admissible under the rules. However, despite processing of the pension case, the complete and final settlement of the applicant’s pensionary benefits has not been made. Learned counsel submits that mere processing of the pension papers cannot be treated as actual release of all pensionary dues and that the respondents are required to applicant. A copy of the Pension Payment Order has been placed on record as Annexure-III.

Learned counsel further submits that the Principal Accountant General (A&E), J&K, Srinagar, vide communication bearing No. PNR2/5-3/2026/ord-1600 dated 02.09.2026 addressed to the Treasury Officer, Anantnag, dealt with the issue of allowing provisional pension from the local treasury till final settlement of the pensionary benefits. The said communication refers to the Treasury Officer’s letter No. DTO/Ant/406 dated 01.09.2026 and records that provisional pension is to be allowed from the local treasury till final settlement of the pension case by the concerned office. According to learned counsel, the said communication demonstrates that only provisional pension has been processed in the applicant’s case and that the final settlement of his pensionary benefits remains pending. A copy of the communication dated 02.09.2026 has been placed on

It is also submitted that there is no criminal case pending against the applicant, nor has any conviction been recorded against him. Learned counsel submits that no departmental enquiry or proceeding is pending against the applicant and no such proceeding has been communicated to him which could constitute a lawful impediment to the settlement or release of his pensionary benefits. It is accordingly contended that the continued non-release of the applicant’s regular/final pension, gratuity, leave salary/encashment and other admissible retiral benefits, despite his retirement after more than 35 years of qualifying service, has caused financial hardship to him.

Learned counsel submits that, except for the retirement gift of ₹1,00,000/-, the substantive pensionary and retiral benefits of the applicant, including his regular/final pension, gratuity, leave salary/encashment and other admissible dues, have not been released. It is submitted that the retirement gift is distinct from the pensionary retirement and cannot be treated as settlement of his retiral dues.

After arguing the matter for some time, learned counsel for the applicant submits that the ends 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 of his pension case; release of his regular/final pension, gratuity, leave salary/encashment and all other admissible pensionary/retiral benefits; completion of all requisite formalities and finalization/issuance of the requisite Pension Payment Order (PPO), along with regular and uninterrupted payment of monthly pension and release of arrears from the respective dates on which the same became due; and payment of interest on the delayed pensionary/retiral benefits, as may be permissible under the applicable rules and law, together with the assertions and grounds raised in thereto.

Mr. Rais-ud-Din Ganaie, learned DAG, and Ms. Rahell Khan for AG Office (through VC) appearing pursuant to the advance notice served by learned counsel for the applicant, submit that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.

Heard learned counsel for the parties and perused the record.

Having considered the submissions made at the Bar and 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 pending, particularly in view of the limited prayer made on behalf of the applicant.

Accordingly, without expressing any opinion on the merits of the controversy, the present Original Application is disposed of with a direction to the respondents to treat the applicant’s claims for finalization of his pension case; release of his regular/final pension, gratuity, leave salary/encashment and all other admissible pensionary/retiral benefits; completion of the requisite formalities and finalization/issuance of the requisite Pension Payment Order (PPO), including regular and uninterrupted payment of monthly pension and arrears from the respective dates on which the same became due; and payment of interest on the delayed pensionary/retiral benefits, as may be permissible under the applicable rules and law, together with the assertions and grounds raised in the Original Application and the documents annexed thereto, strictly in accordance with the applicable rules, regulations and the law governing the field, subject to the applicant fulfilling the requisite conditions and there being no legal impediment thereto.

The respondents shall associate the applicant with the aforesaid exercise and afford him an opportunity to submit Central Administrative Tribunal^{such further documents or material as he may wish to rely} upon. The respondents shall thereafter pass a detailed, reasoned and speaking order within a period of four weeks from the date a certified copy of this order is served upon them and communicate the order so passed to the applicant. In the event the applicant is found entitled to any pensionary/retiral benefits, the same shall be released to him within a further period of four weeks thereafter, in accordance with law.

It is made clear that this Tribunal has not expressed any opinion on the merits of the claims raised by the applicant, and all questions of fact and law are left open to be considered and decided by the competent authority.

With the aforesaid directions, the Original Application stands disposed of. Consequently, all connected miscellaneous applications, if any, shall also stand disposed of.

No order as to costs.

Registry shall consign the file to the Record Room after Central Administrative Tribunal^{due compliance.}