CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH O.A. No. 662/2024 Date: 06.02.2026 HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

HON’BLE MRS. RASHMI SAXENA, MEMBER (A)

1. Baljinder Singh aged 71years s/o Sh. Surjit Singh, resident of

1931, Phase 5, SAS Nagar - Punjab-160059

2. Om Parkash Garg aged 70 years s/o Sh. Hazari Lal , resident of

3, College Road, Main Colony, Sangrur-Punjab-140701

3. Shyam Lal Sharma aged 70 years ex. COS/ P branch c/o Ramesh Katyal aged 70 years/o Sh. Shiv Dutt, resident of House No. 4, Aggarsain Nagar, Ambala cantt-133001

4. Ram Baran aged 68 years s/o Sh. Ram Dass,, resident of Village Shambhu Khurd, Distt. Patiala -Punjab-140417

5. Satish Kumar Puri aged 74 years s/o Mulakh Raj Puri, resident of H.No. 45/17-7, Model town, Jandli, Ambala city -134003.

6. Vijay Kumar Handa aged 74 years s/o I.R. Handa, resident of H.

No. 7. 31- Honey House, Preet Colony, Jandli, Ambala Cantt -

134003

7. Surjeet Singh aged 74 years s/o Sh. Sant Singh, resident of

2893/ B, Phase I, CRPF Colony, Dugri Road, Near Gurdwara Singh, Sabha Ludhiana -Punjab-141013 Ex. Loco Pilot, under DRM, Delhi.

8. Ashok Bhandari aged 74 years s/o Sh. Chaman Lal Bhandari, resident of SC 49, phase IX, SAS Nagar -Punjab-160062 Ex.

Head Clerk, DRM, Ferozpur

9. Adarsh Bhandari aged 73 years w/o Sh. Ashok Bhandari, resident of SCO 49, phase IX, SAS Nagar -Punjab-160062 Ex. Chief Matron , under DRM, Ferozpur …Applicants (BY ADVOCATE: Sh. Karnail Singh)

VERSUS

1. Union of India, through General Manager, Northern Railway, Baroda House, New Delhi. 110001 email: secygm@gmail.com

2. Financial Advisor & Chief Accounts Manager (Pension), Officе of General Manager, Northern Railway, Baroda House, New Delhi.

110001

3.Secretary, Govt. of India, Ministry of Finance, Department of Expenditure, New Delhi-110001 ...Respondents (BY ADVOCATE: Sh. H.S. Gill through VC)

O R D E R(Oral)

Per: SURESH KUMAR BATRA, MEMBER (J):

1. Brief facts of the case are that the applicants herein are retired employees from different posts in Northern Railway, who got a lump sum amount as commuted value of a part of their pension, as per CCS (Commutation of Pension) Rules, 1981. It has been pleaded that the government servants, who have retired from Government service can commute a portion not exceeding 40% of their monthly pension. The commuted portion of pension shall get restored after fifteen years from the month following the month of payment of CVP. Under the scheme and upon the option of the applicants, the commuted value of pension was granted to them which was to be recovered in a period of 15 years. The grievance of the applicants is that the entire amount of commuted value of pension paid to a retiree along with interest stands recovered within 10 years, but the Government deduct the installments of commuted value of pension in equal 180 installments i.e. 15 years, which is not justified. The applicants have prayed for quashment of Rule 11 A of Railway Service (commutation of pension) Rules 1993. The respondents have filed written statement contesting the claim of applicants.

2. In support of their claim, the applicants relied upon the recommendation of the 5th CPC report, that the restoration of pension should be after 12 years instead of 15 years, which was noticed by the Hon’ble Kerala High Court in the case of Central Government Pensioners Association Vs. Union of India, 2008 (19) SCT 6188.

3. We have gone through the pleadings, perused the material available on record and considered the submissions of learned counsel for both sides.

4. The Hon’ble Punjab and Haryana High Court in CWP No. 9426/2023 in Shila Devi and others vs. State of Punjab held that the petitioners are retired employees of State of Punjab, who opted for commutation of their pension in terms of applicable provisions of Chapter 11 of the Punjab Civil Services Rules, Volume-II and they challenged sub rule (2) of Rule 11.1 of PCS Rules, which is para materia to the Rule 10-A of CCS (Commutation of Pension) Rules, 1981 (under cha