Leiki Tsomu v. The State of Ap and 7 Ors

ORDER Date : 21-02-2023 Heard Mr. B. Picha, learned counsel for the petitioner and Ms. P. Pangu, learned Govt. Advocate for all the respondents. The petitioner, who is working as a Peon in the office of the Executive Engineer, Bomdila Division, Public Works Department, West Kameng District, Arunachal Pradesh, and due to retire on 28.02.2023 on attaining the age of superannuation, has filed this writ petition raising a grievance that the respondent authorities are not processing her pension papers for non-submission of a No Objection Certificate(NOC) to the effect that the petitioner is not in encroachment of any public premises as is required to be submitted in terms of the order dated 06.06.2017, issued by the Principal Page No.# 3/4 Secretary(Vigilance), Govt. of Arunachal Pradesh, Itanagar, vide No.VIG-71/2014/45 as well as the office order dated 25.02.2020, issued by the Commissioner(Vigilance), Govt. of Arunachal Pradesh, Itanagar, vide Memo. No.VIG-71/2014/365. The contention of the petitioner is that the entitlement of pension by the petitioner for the services that the petitioner has rendered is regulated by the Central Civil Services (Pension) Rules, 1972. Under the CCS (Pension) Rules, 1972, there is no requirement of submitting any No Objection Certificate from the concerned Deputy Commissioner that the petitioner is not in encroachment of any public premises and accordingly, the requirement of submission of NOC, in terms of the office order dated

06.06.2017, issued by the Principal Secretary(Vigilance), Govt. of Arunachal Pradesh, Itanagar, vide No.VIG-71/2014/45 as well as the office order dated 25.02.2020, issued by the Commissioner(Vigilance), Govt. of Arunachal Pradesh, Itanagar, vide Memo. No.VIG-71/2014/365, is contrary to the CCS (Pension) Rules of 1972. It is a settled position of law that the right to receive pension by a public servant has been held to be covered under the "Right to Property" and accordingly, the same cannot be taken away, except in accordance with the law. The office order order dated 06.06.2017, issued by the Principal Secretary(Vigilance), Govt. of Arunachal Pradesh, Itanagar, vide No.VIG-71/2014/45 as well as the office order dated

25.02.2020, issued by the Commissioner(Vigilance), Govt. of Arunachal Pradesh, Itanagar, vide Memo. No.VIG-71/2014/365, not being a law but merely an executive order, which runs contrary to the CCS (Pension) Rules of 1972, I am of the view that the respondent authorities are duty-bound to process the pension papers of the petitioner, if the petitioner is entitled to a pension under the CCS (Pension) Rules, 1972. Accordingly, the respondent authorities are directed to process the pension papers of the petitioner, without insisting for No Objection Certificate as contemplated in the office order order dated 06.06.2017, issued by the Principal Page No.# 4/4 Secretary(Vigilance), Govt. of Arunachal Pradesh, Itanagar, vide No.VIG-71/2014/45 as well as the office order dated 25.02.2020, issued by the Commissioner(Vigilance), Govt. of Arunachal Pradesh, Itanagar, vide Memo. No.VIG-71/2014/365, if the petitioner is entitled to a pension under the CCS (Pension) Rules, 1972. The writ petition is disposed of, with the above direction. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040001972023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 75/2023 1:Leiki Tsomu W/o Tsangpa Norbu, Resident of Village Jangda, PO Lhou, PS Jang, Tawang District, Arunachal Pradesh 790101 Phone No. 8729931693 VERSUS 1:THE STATE OF AP and 7 Ors. Represented by the Commissioner/Secretary, Public Works Department, Govt. of Arunachal Pradesh, Itanagar 791111 2:The Commissioner (Vigilance) Govt. of Arunachal Pradesh Itanagar 791111 3:The Under Secretary (Vigilance) Govt. of Arunachal Pradesh Itanagar 791111 4:The Superintendent Engineer Co ordination Training and Vigilance Public Works Department Govt. of Arunachal Pradesh. 5:The Superintendent Engineer Rupa Circle Public Works Department West Kameng District Arunachal Pradesh. Page No.# 2/4 6:The Executive Engineer Bomdila DIvision Public Works Department West Kameng District Arunachal Pradesh. 7:The Deputy Commissioner Bomdila West Kameng District Arunachal Pradesh 790001 8:The Director Audit and Pension Govt. of Arunachal Pradesh Naharlagun 79111 Advocate for the Petitioner : T T Tara Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA