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 recovery.

ORDER

(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (J)

1.Shri S J Ishtiaque, learned counsel for the applicants and Shri Pankaj Srivastava, learned counsel for the respondents, were present at the time of hearing.

2. The instant original application has been filed seeking following relief:

“(i) To issue a writ / directions / orders in the nature of certiorari quashing the provisions of Rule 1 and 10(A) of CCS (Commutation of Pension) Rules 198 as amended on 08.06.12 including notification dated 09.11.10 especially the new table applicable after 02.09.08 and restoration of full pension after 15 years impugned orders (A-1).

(ii) To issue a writ / directions / orders in the nature of mandamus commanding the respondents to consider for notifying commutation table as applicable before 02.09.08 and also to make provisions in the Rules for restoration of full pension after 10 years for those retried before 02.09.08 or for 09 years for those retired after 02.09.08, or to give the benefit by removing cut-off date on the basis of commutation table applicable before 02.09.08 (A-1 & A-2)

(iii) To consider any other relief which this Hon’ble Tribunal may deem fit in the facts and circumstances of the case.

(iv) To award the cost of the application throughout.”

3. The instant original application has been filed against the restoration of commuted portion of pension after 15 years of retirement. The application seeks restoration of full pension after 10 years for those retired before September 2008 and after 9 years for those retired after September 2008, claiming that the lump-sum amount of commuted pension is adjusted and fully recovered by that period. By way of the OA, the applicants also intend to challenge the legality and rationale of the provisions of CCS (Commutation of Pension) Rules 1981 amended on 08.06.2012 including the notification dated 09.11.2010 and the GI decisions regarding restoration of full pension after 15 years of commutation alleging that the commutation tables applicable for and on the age of retirements varying and being discriminatory.

The brief facts of the OA are that it has been claimed that the respondent no 4 issued a PPO commencing from 01.04.2003 in the case of applicant no 3 (who is a member of applicant no 1) who has paid commuted value of Rs. 292535/- on 01.04.2003 which has been RITU RAJ fully recovered by and before 31.03.2013 (within ten years), with 4 installments extra. Contention is also that the excess recovery against lump-sum payments made is continuing and the full pension has not been restored. Similarly, further contention is that the applicant no 2 who retired on 31.01.2009 will repay the commuted value of Rs. 568139/- within 9 years of retirement but ordered for restoration of full pension after 15 years by amending the rules on 09.11.2010 and notification dated 08.06.2012. Contention with regard to the union represented as applicant no 1 is that the applicant no 1 has submitted representations dated 11.11.11 before respondent no 1 & 2 for considering restoration of full pension after 10 years in case of commutation of pension to Central Government employees retiring on superannuation. Justifying with illustration indicating that commuted value paid to a pensioner in lump-sum is fully recovered in 9 years and 8 months in the case of employees who retired before 02.09.08 and in 8 years 2 months in case of employees retired after 02.09.08. Accordingly, it has been claimed that the restoration of full pension must be restored with the outer limit of 10 ye