Courts should not interfere with policy matters related to commutation of pension unless there is complete arbitrariness and discrimination that is ex-facie apparent.

SANJIV KHANNA, J.

The petitioner, Forum of Retired Indian Police Service (IPS) Officers, is a Non-Government Origination and a non-political forum based, established and registered as a society under the provisions of Societies Registration Act, 1860. Members of the petitioner society are primarily retired Indian police officers including senior citizens aged ninety years or more. Petitioner society, it is stated, is primarily engaged in welfare and getting justice to pensioners.

2. The petitioner vide the present Writ Petition under Article 226 of the Constitution of India has sought following reliefs :-

“(a) Issue an appropriate writ, order or direction, striking down Rule 10A of the Central Civil Services (Commutation of Pension) Rules, 1981 which lays down rule for recovery of the amount of commuted pension for 15 years, and directing the Respondents to reduce the recovery period of the amount of commuted pension for pensioners who retired from the All India Services or from the Central Civil Services-

- from the existing recover period of 15 years to the actual recovery period of the commuted amount [i.e., the “years of purchase” (without interest)] with an addition of two years thereto as held by Hon’ble Supreme Court in the case of Common Cause v. Union of India, (1987) 1 SCC 142;

- OR, alternatively, from the existing recovery period of 15 years to the actual recovery period of the commuted amount [i.e., the “years of purchase” (without interest)] with an addition of the actual period to recover the interest on such commuted amount in accordance with the principle for the recovery of interest levied on Government advances made to Government servants; and directing the Respondents to refund the excess recovery of amount of commuted pension made from the said pensioners to them along with interest.

(b) Pass such other and further order or orders as this Hon’ble Court may deem fit and proper.”

3. The petitioner society had filed Writ Petition (Civil) No. 17/2015 before the Supreme Court of India for similar reliefs, which was allowed to be withdrawn with liberty to approach the appropriate High Court vide order dated 19th January, 2015. In the aforesaid background and noticing that the petitioner society has espoused cause of retired pensioners, who would find it difficult to approach the High Courts for individual reliefs, we are not inclined to dismiss the present Writ Petition on the ground of locus standi. Petitioner society has filed the present petition for and on behalf of its members i.e. the retired pensioners. Accordingly, we reject the contention of the respondents that the present writ petition should be dismissed as it is a public interest litigation relating to service matters.

4. In order to appreciate the controversy and the issue raised, a brief prologue is required. Prior to 1st April, 1985, commuted portion of pension was not restored during the life time of the pensioner. Common Cause, a registered society and three Government servants, had filed a writ petition before the Supreme Court under Article 32 of the Constitution for striking down certain provisions of Central Civil Services (Commutation of Pension) Rules, 1981 and other commutation of pension rules applicable to civilian and defence pensioners. Writ Petition Nos. 3958-61/1983 were decided vide decision reported as Common Cause a registered society and Ors. v. Union of India (1987) 1 SCC 142, by taking on record the decision taken by the Central Government communicated to the Attorney General vide letter dated 20th March, 1986. Relevant portion of this letter reads as under :-

“I am glad to inform you that government have taken a decision in the matter of recovery from pension towards commuted value of pension. The decision is as follows :

(i) Recovery from pension payable every month towards commuted value of pension will stop on the c