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2017 Supreme(Online)(KER) 42937
HIGH COURT OF KERALA
P.V.ASHA, J
DEVBAL B – Appellant
Versus
ACCOUNTANT GENERAL – Respondent
WRIT PETITION (CIVIL) 5615/2017
Judicial officers are entitled to pension recalculation using updated commutation factors in line with applicable legal precedents.
Headnote:
Pension - Judicial Officers - Pension Commutation Factors - Shetty Commission, Pay Commission - Interpretation Of Judicial Precedents
Fact of the Case:
A retired Judicial Officer sought a recalculation of his pension based on updated commutation factors of 9.81 instead of 8.194, referencing earlier judicial decisions which supported his claim.
Finding of the Court:
The court directed a review of the petitioner's representation and the recomputation of his pension benefits according to updated commission reports and previous judgments, emphasizing timely action.
Issues: Whether the petitioner is entitled to a revised calculation of his pension commutation factor based on judicial precedents.
Ratio Decidendi: The court held that the petitioner is entitled to have his pension recalculated based on the validated factor of 9.81 as stipulated in previous judgments.
Final Decision: The petition was disposed of with orders for recalculation of pension benefits within three months.
JUDGMENT
The petitioner is a retired Judicial Officer from the Kerala State Higher Judicial Service. The commuted value of pension was disbursed to him reckoning the factor 8.194. In the light of the Shetty Commission report and the Pay Commission Report, judicial officers are entitled to get their pension commuted reckoning the commutation factor as “9.81”. This position has been reiterated in the judgment in Ext.P2 , which was affirmed in Ext.P3 judgment in the writ appeal. In the above circumstances, the petitioner has approached the 1st respondent in Ext.P5 representation.
2. The limited relief sought by the petitioner in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P5 representation and for a direction to the 2nd respondent to recompute his pensionary benefits.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.
In view of the above circumstances, there shall be a direction to the 1st respondent to consider and pass orders on Ext.P5 representation within a period of one month in the light of the judgments Exts.P2 and P3. On the basis of such orders to be passed W.P.(C) No.5615/2017 by the Government, the 2nd respondent shall take appropriate action to recompute the commuted value of pension due to the petitioner in accordance with the law laid down by this court in Exts.P2 and P3 judgments applying the correct factor. Revised benefits due to the petitioner shall be disbursed within a period of another two months.
The writ petition is disposed of as above.
