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2000 Supreme(SC) 867

Y.K.SABHARWAL, S.SAGHIR AHMAD
P. V. Sundara Rajan – Appellant
Versus
Union Of India – Respondent


JUDGMENT

Y.K. Sabharwal, J.-The matter concerning the pension of Central Government employees absorbed in Public Sector Undertakings has been the subject matter of examination by this Court from time to time.

2. In "Common Cause", A Registered Society And Ors. v. Union of India1, the grievance stressed was that certain provisions of the Commutation of Pension Rules permit Union of India to recover more than what is paid to the pensioners upon commutation and thus they sought for the issue of directions for formulating appropriate scheme rationalising the provisions relating to commutation. That petition was filed on behalf of the government servants who had commuted their pension partially. During the pendency of the matter, Union of India agreed to restore the commuted portion of the pension in regard to all civilian employees at the age of 70 years or after 15 years, whichever is later, and agreed to make this effective from 1st April, 1986. The Court, however, directed that it would be just and equitable that the benefit agreed to be extended in respect of commuted portion of the pension should be effective from 1st April, 1985.

3. In Welfare Association of Absorbed Central Governm
























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