Pension is a statutory right, and unjustified delays in processing pension claims violate fundamental rights, necessitating prompt action by authorities.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 1910/2014 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/3207/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “Issuance of an appropriate writ, direction or order of the nature of MANDAMUS directing the respondents to settle the case of pension of the petitioner retired as Junior Assistant since 29-02-2012 in accordance with scales provided by J&K CSR.

b) Issuance of an appropriate writ, direction or order to grant provisional pension to the petitioner till finalization of his entire claim of pensionary benefits.

c) Issuance of appropriate writ, direction or order commanding respondent no.6 to hold enquiry into the loss of service book seized as per the seizure memo Annexure-B, to fix the responsibility for suitable action under law to punish the guilty as the gross negligence of the concerned officials has brought undue misery to the petitioner.

d) Issuance of any other appropriate writ, direction or order which is just and proper in the facts and circumstances of the case to grant relief to the petitioner along with the costs.”

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner is a citizen of India and a permanent resident of the erstwhile State of Jammu and Kashmir. He retired from government service as a Junior Assistant on 29.02.2012.

b) The petitioner was earlier suspended from service on 21.11.1977 but was reinstated in October 1986 pursuant to the orders of the Hon’ble High Court of Jammu and Kashmir in Writ Petition No. 419 of 1980 titled Vijay Kumar vs State of J&K & Ors. The period of suspension was treated as on-duty, and all dues from the date of suspension till the date of reinstatement were released. There was no break in service, and a copy of the High Court’s order has been enclosed as Annexure A.

c) The petitioner’s service book was seized by the Crime Branch, Jammu in FIR No. 166/77 under Sections 409/471, 420 RPC from the office of Government High School, Khour on 24.06.1985. This seizure was recorded in a memo which later formed part of a criminal case before the 2^nd Additional Sessions Judge, Jammu. The matter culminated in an acquittal vide judgment dated 20.05.2002.

d) The petitioner submitted representations post-retirement for processing of his pension case, but due to the non-availability of the original service book, the case was delayed. Despite repeated attempts, including submission of a duly attested duplicate service record, the Accountant General did not process the pension.

e) On 11.11.2013, more than a year after retirement, the Accountant General required the petitioner to furnish details for classification of death-cum-retirement gratuity (DCRG) and to apply for commutation of pension via duly signed Forms A, B, and C after Medical Board verification.

f) The petitioner applied to the PP of the 2^nd Additional Sessions Judge, Jammu for release of the seized service book. The Crime Branch and other authorities confirmed that the service book was untraceable.

g) Efforts were made to trace the service book from court records and seizure memos; however, it was found that the service book had not been enclosed with the challan, and only the seizure memo existed.

h) Respondent No. 5 (Accountant General) communicated via letter No. PR/JC/5/2014/158 dated 30.04.2014 requiring the Zonal Education Officer (ZEO) to furnish a duplicate service book and verify qualifying service. The ZEO failed to produce the necessary certif