LAWS(MAD)-2004-2-1

UNION OF INDIA Vs. B SOMASUNDARAM

Decided On February 27, 2004
UNION OF INDIA Appellant
V/S
B. SOMASUNDARAM Respondents

JUDGEMENT

(1.) The Central Civil Services (Commutation of Pension) Rules, 1981 which Rules were framed by the President in exercise of his powers under the Proviso to Article 309 Clause (5) and Article 148 of the Constitution of India was amended with effect from 01.01.1996 raising the ceiling for commutation from one third to forty per cent of the pension.

(2.) An application for commutation is required to be considered only on or after the day following the date of retirement of the official. Rule 13 deals with the application for commutation of pension.

(3.) Rule 13 (1) reads as under :