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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Suresh Sharma – Appellant
Versus
National Technical Research Organisation Through Its Chairman – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J.
1. The challenge in these petitions is to an order dated August 27, 2019 passed by the Central Administrative Tribunal (hereinafter, referred to as the Tribunal) in O.A. No. 4518/2018 and O.A. No. 4706/2018, whereby both the OAs, preferred by the petitioner with reference to calculation of `commutation of pension., were dismissed.
2. In brief, petitioner superannuated from the post of Additional Controller (Admn.) in the pay scale of Rs. 37,400 - 67,000 + Grade pay of Rs.8,900/- from the respondent organization i.e. NTRO on June 30, 2014, after rending service for 39 years 11 months and 12 days. Provisional pension was sanctioned in view of three disciplinary proceedings pending against the petitioner at the time of superannuation. Petitioner became entitled for payment of DCRG, Commutation of Pension and Regular Pension on conclusion of disciplinary proceedings on July 25, 2018, wherein penalty was imposed for withholding of 10%, 20% and 10% of monthly pension for a period of 2 years, 5 years and 1 year, respectively.
3. As per the petitioner, the genesis of the dispute lies in the action of the respondent in illegally deducting Rs.6,03,190/-
The calculation of the commutation amount should be based on the basic pay as on the date of superannuation and the relevant commutation factor. Failure to consider the proviso (b) to Rule 6 and Rule....
Pensioners cannot challenge 15-year commutation recovery period after voluntarily accepting it; tribunals lack jurisdiction to direct policy changes reducing restoration time despite earlier lump-sum....
The existing 15-year period for pension commutation restoration is upheld as lawful, with no justifications for its reduction.
Rule. 315 (a) Government may sanction commutation for a lump amount, of one-half of the pension or any lesser amount provided that the residue of pension after commutation is not reduced to less than....
The court upheld the 15-year period for restoration of commuted pension as neither arbitrary nor unreasonable, affirming binding legal precedent.
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