Withholding sanctioned pensionary benefits by Defence Accounts Department unacceptable, makes task of courts difficult: AFT

Vijay Mohan

Chandigarh, February 3

Holding the Defence Accounts Department responsible for delaying or withholding pensionary benefits to defence personnel even after government sanction and judicial orders, the Armed Forces Tribunal (AFT) has said that this attitude of the Principal Controller of Defence Accounts is unacceptable and making the task of the courts difficult.

“In most of the cases with regard to payment and post retiral benefits, we find that after the units and the government grant sanction and the paper work is completed, the matter is kept pending with the concerned PCDA and in spite of judicial order to make the payment, the PCDA is in the habit of making queries and keeping the matte pending,” the Tribunal’s Bench comprising Justice Rajendra Menon and Rear Admiral Dhiren Vig, said.

Taking up a plea filed by the widow of a soldier who was killed in a fratricide incident in 2015, the Bench observed that in February 2022, the Tribunal had granted liberalized family pension to the widow, with directions to comply with the order within four months.

Costs of Rs 5,000 were imposed upon the department for non-compliance in December 2022, and sanction for liberalised pension was thereafter accorded by the Central Government in February 2023. The department’s representative had assured the Tribunal that the entire amount would be paid within the same month, but nothing has been done so far, the Bench pointed in its order.

“This attitude of the PCDA in not ensuring issuance of pension payment order and making payment of pensionary benefits, etc. cannot be accepted,” the Bench remarked summoning the Principal Controller of Defence Accounts (Pensions) in person to explain certain queries to be made by this court with regard to default.

“It is made clear that the Principal Controller of Defence Accounts (Pensions), Allahabad, shall remain personally present. He shall not authorise any other officer to be present before this Tribunal,” the Bench directed.

The Bench also directed that a copy of this order be forwarded to the Defence Secretary and the Comptroller and Auditor General of India to take note of the fact as to how the PCDAs are discharging the duties in the matter of sanctioning pensionary benefits to retired members.

“This court is faced with the difficult task of dealing with execution applications where the orders passed are not being executed for two to three years and in most of the cases the delay is only because of the office of the PCDA,” the Bench remarked, adding that compelled with this situation, it has no other option but to summon the officers concerned.