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CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH
Item no.: 4
O.A./746/2024 (CHANDIGARH)
[COMMUTATION]
[SENIOR CITIZEN ]
With
M.A./1684/2024
Court No.: 2
Order Sheet
No of Adjournment: 5
Order Dated: 29/08/2024
KRISHNA DEVI
Vs
DEPARTMENT OF TELECOMMUNICATION
For Applicant(s) Advocate: SH. SANJAY KAUL
For Respondent(s) Advocate: SH. SANJAY GOYAL, SR. CGSC, MS. NEERU CHADHA
Order of The Tribunal
1. This Original Application is filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:
I. Quash communications dated 16.05.2024, 31.05.2024, 13.06.2024 and 11.07.2024 (Annexure A-1 Colly) issued to applicant No. 1,3,5,6, 7 and 8 vide which the respondent No.2 has rejected the request of applicants by relying upon Rule 10 A of Central Civil Services (Commutation of Pension) Rules, 1981 and have stated that commutation amount is due for restoration only after completion of fifteen years, being contrary to the interim directions granted in different CWP's by Hon'ble Punjab and Haryana High Court.
II. Quash Rule 10-A of the CCS Commutation of Pension) Rules, 1981 (Annexure A-4) which provides for the restoration of commuted portion of pension after a period of 15 years instead
of 11 years and 05 months, even though the recovery of commuted portion of pension along with interest thereon per annum stands fully recovered, consequently, to hold the same
to be illegal and arbitrary being ultra-vires of the provisions of the Constitution of India as well as on the ground that the same is causing undue enrichment to the State.
III. Quash action of the respondents whereby they are making recovery of Commuted Value of Pension (CVP) arbitrarily, illegally and in excess of what was to be recovered as it stood
recovered in full in 11 years 5 months, yet the respondents are continuing the recovery, which and same cannot be sustained in the eyes of law.
IV. Direct the respondents to stop recovery from the applicants and to refund the excess recovery already made of CVP amount of the applicants with interest @ 12% per annum from the date
the recovery of excess amount was started to the actual date of refund.
2. The applicants are also seeking following interim relief:
1. During the pendency of the Original application, it is prayed that further recovery of the commuted value of pension from applicants may kindly be stayed in the interest of justice as has been done in similar cases by the Hon'ble High Court of Punjab and Haryana, wherein the clear and specific directions have been given to stay recovery, who have completed 10 years of
retirement in orders dated 30.05.2024 and 31.05.2024.
3. From the aforesaid, it is evident that the applicants have challenged the communications dated 16.05.2024, 31.05.2024, 13.06.2024 and 11.07.2024 thereby rejecting their request and
seeking quashment of Rule 10 (A) of CCS (Commutation of Pension) Rules, 1981.
4. We have heard learned counsel for the applicants and perused the material available on file. The brief facts are that the applicants
were working on different posts like Sr. TOA (Grade-IV), Phone Mechanic, Sr. TOA (P), Sr. TOA (Grade-III) etc. in BSNL Department working under different SSA of respondent No. 3. They have retired during the period of year 2010 to 2013. The applicants after retiring on superannuation are receiving monthly pension under the provisions of CCS (Pension) Rules, 1972. The provisions of Central Civil Services (Commutation of Pension) Rules, 1981 are applied to the commutation of pension as well as with regard to the commuted value of pension and restoration of commuted pension on the expiry of period of commutation. It has been pleaded that the government servant, who has retired from the service can commute a portion not exceeding 40% of their monthly pension. The commuted portion of pension shall get restored after 15 years from the month following the month of commuted value of pension (CVP). The pension of the pensioner is proportionately
reduced to the extent of the commuted portion from the date of receipt of lump sum commuted value by the pensioner.
5. The applicants have further pleaded that it has come to their notice that amount of commuted value of pension could be recovered in a period of 10 years, whereas, it has been recovered in
a period of 15 years (i.e 180 installments). It is further submitted that the same got recovered in a period of 10 years and 8 months (i.e. 120 installments), therefore, the subsequent recovery of commuted value of pension from the monthly pension, amounts to.......
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