Retiral benefits cannot be curtailed post-retirement without final adjudication by competent authority; parity with similarly situated retirees must be granted.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

A) direct the respondents to fix/enhance Gratuity, the GPF, pension, Ajanta Insurance applicant etc to the on the analogy of other similarly employees situated like the applicant.

B) Direct the respondents to accord consideration to the representation of the applicant dated 10.03.2023 by passing a detailed speaking/reasoned order within some time frame.

C) Any other relief, which this Hon’ble Tribunal in the facts and circumstances of the case deems fit and proper.

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant, Swarn Singh, is a permanent resident of the Union Territory of Jammu & Kashmir and a citizen of India. He is thus entitled to all constitutional, statutory, and service benefits admissible under law.

b) The applicant was initially appointed in the Public Health Engineering (PHE) Department on 25.07.1979 and thereafter served the department continuously for more than 31 years, rendering long, dedicated, and blemish-free service. He superannuated on 31.01.2011 while working as Assistant Inspector, PHE Division, Samba.

c) At the time of retirement, the applicant was drawing a last pay of %37,000/- under Level-5, Cell-9, which was duly credited through his salary account maintained with J&K Bank, Gurha Salathia Branch. His pension case was processed and Pension Payment Order (PPO) was issued accordingly.

d) After retirement, the applicant was sanctioned pension under PPO No. PNR-J-2/1521154548/111120555, payable through the Sub-Treasury, Vijaypur. However, to his utter shock and dismay, the applicant was sanctioned a meagre monthly pension of €19,079/-, which was grossly disproportionate to his last drawn pay and length of service.

e) The applicant submits that several similarly situated retired employees of the same department, having comparable service profiles and pay structures, have been granted substantially higher pension, gratuity, GPF, and insurance benefits, whereas the applicant has been singled out for adverse treatment without any lawful justification.

f) The applicant contends that the fixation of his pensionary benefits suffers from arbitrariness, discrimination, and non- application of mind, thereby violating Articles 14 and 16 of the Constitution of India. No reasoned order or speaking clarification has ever been communicated to him explaining the reduced pension.

g) Aggrieved, the applicant repeatedly approached _ the departmental authorities for rectification of his pension, gratuity, GPF, and insurance benefits. However, despite repeated oral and written requests, no remedial action was taken.

h) Ultimately, the applicant submitted a detailed representation dated 10.03.2023, seeking revision and enhancement of his pensionary benefits on parity with similarly situated retirees. The said representation was duly dispatched and received by the respondents, but has remained unattended and undecided till date.

i) The inaction of the respondents has left the applicant, now aged about 70 years, facing serious financial hardship in the post- retirement phase of his life, compelling him to approach this Hon’ble Tribunal by way of the present Original Application seeking justice and parity.

3. The respondents have filed their written statement wherein they have averred as follows: -

a) At the outset, the answering respondent submits that the present Original Application is miscon