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SANDEEP MOUDGIL
MK Mittal – Appellant
Versus
HVPN – Respondent
JUDGMENT
Mr. Sandeep Moudgil, J.
The petitioner seeks a writ of certiorari to quash the impugned order dated 11.10.2007 (Annexure P4) and the order dated 12.09.2008 (Annexure P9) vide which the respondent-Nigam has not restored the pension of the petitioner when the commuted value of the pension stands recovered by way of non-payment of pension and other allowances. He also seeks a direction to the respondents to grant pensionary benefits to the petitioner as per the pension papers submitted by him or alternatively, to restore the commuted pension from the date when its full value has been recovered including notional interest, along with arrears of the amount due along with 12% interest.
2. Brief facts of the case are that the petitioner joined the erstwhile Haryana State Electricity Board as Accounts Officer on 10.11.1989 and was promoted as Sr.Accounts Officer on 10.11.1995. Thereafter, the petitioner was given additional charge of Company Secretary on 30.11.1998 who earned another promotion as Chief Accounts Officer on 06.07.2000.
3. In the year 2005, the petitioner applied, through proper channel, and was selected for the post of Chief (Finance and Accounts) in Rural Electrifica
The court affirmed the right to restore commuted pensions following guidelines set by precedents and statutes, quashing prior denials.
A retiree who commutes 100% pension is not entitled to restoration of the complete pension after the completion of 15 years, and the arrears of pension may not be granted for the period when the reti....
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 established that the government holds a duty to ensure timely pension payments, and delays lead to potential liability for interest on arrears.
Pension regulations must be interpreted to ensure restoration of commuted portions aligns with similar state provisions, reinforcing the right to equitable treatment under statutory benefits.
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