DEHARLAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The grievance of the petitioner is that though the petitioner had taken commutation of pension of Rs.56,345/- at the time of retirement and the same had to be adjusted till his attaining the age of 70 years, the respondents are paying the petitioner the reduced compensation till date i.e. much beyond the petitioner having crossed the age of 70 years, thus, prayed for a suitable direction in this regard.

(2.) The brief facts of the case is that, the petitioner was working as a Headmaster in Primary School. He stood retired w.e.f. 31.10.2000. He had claimed for commutation of his pension which was allowed of an amount of Rs.56,345/-. Vide order dated 31.01.2002 (Annexure P/1) it was ordered by the respondents that commutation part would be recovered on easy installments of Rs.1126/- per month and which would be charged till the petitioner attains the age of 70 years. The petitioner attained the age of 70 years on 09.10.2008. Thus, after 09.10.2008 he was entitled for getting full pension i.e. Rs.3378/- as on October, 2008.

(3.) The petitioner's grievance is that, though the petitioner has crossed the age of 70 years, the respondents are still paying him the reduced pension of Rs.2252/- inspite of fact that entire commuted pension has already been recovered by the respondents by October, 2008. The petitioner prays for a suitable direction in this regard firstly for ensuring that the petitioner is paid full pension forthwith and secondly any excess amount which has been deducted by the respondents beyond October, 2008 onwards, the same may be refunded back with interest.