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2015 Supreme(Ker) 1155

ANU SIVARAMAN
Vasudevan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Jacob P. Alex.
For the Respondent: Lilly Lesslie, Government Pleader and P.J. Elvin Peter.

JUDGMENT :

Anu Sivaraman, J.

1. The petitioner had retired from service as Chief Judicial Magistrate. He is aggrieved by the payment of commuted value of his pension taking the commutation factor as 8.194 which is the rate applicable to Central Government employees instead of the rate available for State Government employees which is 9.81. The claim of the petitioner is based on the recommendations of the National Judicial Pay Commission which was accepted by the Apex Court with the modification contained in the judgment reported in All India Judges Association vs. Union of India, (2002) 4 SCC 247. It is the specific case of the petitioner that the recommendation of the Shetty Commission to the effect that in the matter of calculation of pension of Judicial Officers, the State Rules for the time being in force in the respective States was accepted by the Central as well as the State Governments. Though, Ext.P2 Government order specifically provided that 10 years service shall be the minimum qualifying service in the case of Judicial Officers and that commutation will be allowed to the extent of 50% and restoration shall be effected after 15 years, no mention was made to the commutat













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