SURESH SHARMA Vs. NATIONAL TECHNICAL RESEARCH ORGANISATION

JUDGEMENT

(1.) The challenge in these petitions is to an order dated August 27, 2019 passed by the Central Administrative Tribunal (hereinafter, referred to as the Tribunal) in O.A. No. 4518/2018 and O.A. No. 4706/2018, whereby both the OAs, preferred by the petitioner with reference to calculation of 'commutation of pension', were dismissed.

(2.) In brief, petitioner superannuated from the post of Additional Controller (Admn.) in the pay scale of Rs.37,400.00 67,000 + Grade pay of Rs.8,900.00 from the respondent organization i.e. NTRO on June 30, 2014, after rending service for 39 years 11 months and 12 days. Provisional pension was sanctioned in view of three disciplinary proceedings pending against the petitioner at the time of superannuation. Petitioner became entitled for payment of DCRG, Commutation of Pension and Regular Pension on conclusion of disciplinary proceedings on July 25, 2018, wherein penalty was imposed for withholding of 10%, 20% and 10% of monthly pension for a period of 2 years, 5 years and 1 year, respectively.

(3.) As per the petitioner, the genesis of the dispute lies in the action of the respondent in illegally deducting Rs.6,03,190.00 from Commutation of pension of Rs.12,88,604.00 sanctioned vide order No. VI/A&A/03/PEN/95/2014/946 dated August 16, 2018, from pension for the period July 1, 2014 to July 31, 2018, in violation of Rule 6(1)(b) of the CCS (Commutation of Pension) Rules, 1981 (hereinafter referred to as the Rules).