9911796707
TMI Blog1986 (12) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... pensioners as they permit the Union of India to recover more than what is paid to the pensioners upon commutation and for a direction that an appropriate scheme rationalising the provisions relating to commutation be brought into force. The respondent has filed a counter-affidavit challenging the maintainability of the petition as also the claim of the petitioners and the matter has been heard at considerable length from time to time. Parties have filed written submissions supplementing their oral arguments. The Central Civil Services (Commutation of Pension), Rules, 1981 are the approximate rules in force so far as civilian employees Under the Government of India are concerned. A set of regulations is in force in regard to Defence perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Government have taken a decision in the matter of recovery from pension towards commuted value of pension. The decision is as follows: (i) Recovery from pension payable every month towards commuted value of pension will stop on the completion of 15 years from the date of retirement on superannuation or on the pensioner completing the age of 70 years, whichever is later. (ii) The formulation will apply to all civilian pensioners in whose case the age of retirement on superannuation is 58 years and the personnel of Armed Forces in whose case the retirement age varies in accordance with the colour service prescribed for the rank (attaining the age of 37/38 years or more). (iii) Government have taken this decision as an act of goodw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the State Governments have already formulated schemes accepting the 15 year rule. In this background, we do not think we would be justified in disturbing the 15 year formula so far as civilian pensioners are concerned. The age of superannuation used to be 55 until it was raised to 58. It is not necessary to refer to the age of the commuting pensioner when the benefit would be restored. It is sufficient to indicate that on the expiry of fifteen years from the period of retirement such restoration would take place. The respondent--Government has agreed that this benefit should be extended with effect from 1.4.1986. The writ applications were filed in 1983. The matter was placed on board for hearing in February 1984. The Union Govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entitling him to full pension, it does not happen in the case of the lower ranks in the Defence services and with the extra-advantage by the addition of-years of credit, the benefit in terms of money works out in the range of about 75% to 6%. It has to be remembered that more than 50% of the Defence personnel belong to the lowest rank and about 81% in all retire early. The weightage factor relied upon by the Respondent to treat the Defence personnel differently is not a tenable feature. Undoubtedly the Defence personnel are a class by themselves. In their case, retirement takes effect in certain classes as justified by the exigencies of the service rather-early. Weightage, if any, is intended to cover this so that an equation for other purp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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