Petitioners challenged the effect of deductions from their commuted pension value. The court accepted the respondents' argument that deductions apply from the date of superannuation, not release. The petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.W.P. No.10546 of 2011
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No.10546 of 2011 Date of decision : 08.07.2013
Balbir Singh and others
...... Petitioners
versus
Secretary to the Govt. of Punjab and others
...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
Present : Mr. V.K. Thakur, Advocate for the petitioners.
Mr. Inder Pal Goyat, Addl.A.G., Punjab.
AJAY TEWARI, J. (Oral)
This petition has been filed for quashing the letters (Annexure P-2), whereby the recovery has been effected from the commuted value of pension of the petitioners from the date of retirement.
The petitioners retired from service on different dates. They were given their superannuation benefits including the commuted value of pension. Consequently, the pay scales were revised and the petitioners were entitled to higher pension and also to higher commutation. The higher commutation value of the pension was worked out and was paid to the petitioners. While making the payment the corresponding deduction from their pensions was also made. The precise grievance of the petitioners is
C.W.P. No.10546 of 2011 -2-
that the recovery has been effected from the commuted value of pension from the date of retirement of the petitioners instead of date of release of the commuted value of pension.
The stand of the respondents is that once the petitioners obtained the higher commuted value w.e.f. the date of superannuation the necessary deduction will also be made from that date and it could not lie in the mouth of the petitioners to claim higher value from an earlier date and deduction from a later date.
I find more weight in the argument of the learned Additional Advocate General and the same is accepted. Consequently, the petition is dismissed.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI ) July 08, 2013 JUDGE ashish
2 issues framed by the court
Whether recovery should be effected from the commuted value of pension from the date of retirement or the date of release of the commuted value.
Whether the petitioners are entitled to claim higher value from an earlier date and deduction from a later date.
Balbir Singh and others
Secretary to the Govt. of Punjab and others
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
