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CENTRAL ADMINISTRATIVE TRIBUNAL
Dr. Lata Baswaraj Patne, J, Ms. Shalini Misra, A
A.A. Rama Rao Choudary – Appellant
Versus
The Union of India – Respondent
| Table of Content |
|---|
| 1. overview of applicants' argument against pension commutation regulation. (Para 1 , 2 , 3) |
| 2. judicial precursors supporting the 15-year commutation rule. (Para 9 , 10 , 11) |
ORAL ORDER
(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)
The O.A. is taken up for consideration at the admission stage. The relief prayed therein is as follows:
“ This Hon'ble Tribunal may be pleased to declare the Regulation 4(A) of All India Services (Commutation of Pensions) Regulations, 1959 prescribing period of commutation of pension which states that "the members of All India Services who have commuted a portion of their pension and on 1st April,1985 or thereafter, have completed or will complete 15 years from their respective dates of retirement will have their commuted portion of pension restored" which is arbitrary, unjust and violative of Article 14, 16 & 21 of Constitution of India and consequently direct the respondents first and second to amend Rule 4(A) of All India Services (Commutation of Pensions) Regulations, 1959 and restrict recovery of commuted pension to number of years of purchase as per observations by the Hon'ble Supreme Court in the case of "Common Cause" a re
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