Jammu, May 8: A Bench of Central Administrative Tribunal comprising Parshant Kumar, Member (A) and MA Latifi, Member (J) while hearing a contempt petition, which arises out of the judgment passed the Division Bench of Tribunal dated 08.05.2023 has ordered that in case the judgment is not complied the Conservator of Forests, Srinagar Circle along with Principal Chief Conservator of Forests, J&K, Srinagar shall remain present before the court on the next date of hearing.
Benched added that this court would have given them the option to appear through virtual mode but in the peculiar facts and circumstances of the case, their personal presence is sought before the court as nobody is above law and judicial orders cannot be permitted to be circumvented by any delay or lethargy.
It was ordered to respondents to calculate the pension and pensionary benefits of the applicant after taking the date of superannuation as 30.06.2019 and issue the proper PPO and release pension and pensionary benefits to the applicant along with arrears & furthered ordered to complete the exercise within a period of three months from the date of receipt of certified copy of this order.
It was being done in issue of a Forest Guard, who has given his life and blood to the service of the public.
CAT added that denial or delay in the release of pension and pensionary benefits is not only arbitrary and illegal but is also a sin though not an offence and the sin committed by those who too have to reach the day of superannuation today or tomorrow.
CAT observed thar we are at pains that how this pensioner must be making his both ends meet in absence of provisional pension and other retiral benefits & added that any departmental wrangle or delay should not have come in the way of compliance of the judgment of court in its letter and spirit.
CAT added that we are afraid that in terms of the Business Rules it is always the DDO or the Head of the Office who is competent to sanction pension and retiral benefits however, subject to certain norms & added that let us make it clear that in case the compliance of the judgment of the court is not complied within the fixed period, this court will be compelled to pass coercive orders as warranted under law.
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