V. KAMESWAR RAO
Chandan Kumar Chatterjee – Appellant
Versus
Ministry Of Communication And Ors – Respondent
JUDGMENT
V. Kameswar Rao, J. - This petition has been filed by the petitioner with the following prayers:-
"(a) be pleased to Issue a writ of mandamus or any other appropriate writ direction or order directing the respondents to release petitioner's due balance of entire due pensions, admitted as per letter dt 29.11.2017 (annexure P-4) couple with 24% interest quarterly deposits upon it as deemed fit and proper within time bound period in the interest of justice.
(b) be pleased to provide suitable compensation to the petitioner due to mental agony, harassment and frustration created by the action of the respondents to provide complete justice to the Petitioner.
(c)Pass any other suitable order or orders as this Hon'ble Court may deem fit to meet the ends of justice."
2. At the outset, I may state, that this writ petition was disposed of by this Court on the first date of hearing itself, i.e., May 24, 2019 when this Court directed the respondent No.1 to release the amount as admitted in the letter dated November 29, 2017 with interest @ 9% per annum. Pursuant thereto, the respondents had filed a review petition being 422/2019 seeking review of the order dated May 24, 2019 which was allo
P.V. Sundara Rajan and Ors. vs. Union of India (UOI) and Ors
Retirees who commute their pensions are not entitled to arrears for any period before the restoration of pension as per legal provisions and Supreme Court rulings.
The court affirmed the right to restore commuted pensions following guidelines set by precedents and statutes, quashing prior denials.
The court established that the government holds a duty to ensure timely pension payments, and delays lead to potential liability for interest on arrears.
Unauthorized deductions from a pensioner's account without valid consent amount to a violation of principles of natural justice under Articles 14, 16, and 21 of the Constitution.
Pension is a constitutional right and cannot be withheld without lawful authority; delays in payment warrant interest.
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