IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 11858 of 2024 Reserved on: December 09 , 2024 Decided on: December 17 , 2024 Rajider Kumar Bhardwaj ...Petitioner Versus State of Himachal Pradesh & Ors. ...Respondents Coram:

Ms. Justice Jyotsna Rewal Dua, Judge

1Whether approved for reporting? Yes.

For the petitioner : Mr. Chitranjan Sharma, Advocate.

For the respondents : Mr. Sikandar Bhushan, Deputy Advocate General for respondents No. 1 to 4 & 6.

Mr. Tek Ram Sharma, Advocate, for respondent No. 5.

Jyotsna Rewal Dua, Judge Petitioner is a retired government employee who got commuted his pension. His case is that he has paid back commuted value of pension alongwith interest in 135 installments i.e. by

30.06.2024, hence full pension is to be released to him thereafter.

1Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. Factual position

2(i) On attaining the age of superannuation, petitioner retired from service on 28.02.2013 as Chief Ayurvedic Pharmacist.

2(ii) On his retirement, petitioner opted for commutation of 40% of his pension. Respondent No. 5 i.e. Principal Accountant General (A&E) Himachal Pradesh authorized payment of commuted value of pension in favour of the petitioner vide Commutation Payment Orders dated 20.02.2013 and 31.12.2013. A total of Rs. 5,08,288/- (under order dated 20.02.2013) + Rs. 23,706/- (under order dated 31.12.2013) = Rs. 5,31,994/- was paid to the petitioner as commuted value of pension. As per these Commuted Payment Orders, full pension was to be restored to the petitioner after 180 months i.e. 15 years starting from the month following month of payment.

2(iii) Monthly recovery of commuted value of pension from the petitioner commenced from March, 2013 @ Rs. 5060/- per month and @ Rs. 5296/- per month (on account of additional commuted pension of Rs. 23,796/-) from December, 2013. Petitioner as per following table refunded the amount of Rs. 7,23,428/- as commuted value of pension and interest thereupon @ 8% per annum till August 2024:-

2(iv) Petitioner’s case is that the respondents have recovered principal amount i.e. commuted value of pension from him in 101 installments (rounded off). Interest @ 8% per annum i.e. Rs. 1,79,999 (Rs. 1,80,000/- rounded off) on commuted value of pension was also paid by the petitioner in next 34 installments. Petitioner’s case is that on payment of 135^th installment of commuted value of pension on 30.06.2024 he had cleared his entire liability towards commuted value of pension. Petitioner’s grievance is that despite his clearing the liability of commuted value of pension alongwith applicable interest, commuted value of pension is still being recovered from his monthly pension. That full pension is not being released to him. Hence, this petition has been filed seeking directions to the respondents to restore the commuted portion of pension to the petitioner from the day when he cleared his liability i.e. after 11 years & 3 months instead of 15 years. The substantive reliefs prayed for by the petitioner are as under:-

“i) That in view of Govt. of India decision No. (3) dated 22.8.1990 below rule 10-A of CCS (Commutation of Pension) Rules, 1981 Annexure P-2 the respondents may kindly be directed to restore