SUDHIR KUMAR AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The question of law involved in this batch of writ petitions is, if the commutation value of pension for an employee, who retires upon attaining the age of superannuation, invariably 60 years, deducted in monthly installments from his retirement pension, made good in the time period of 10 years and 8 months or 11 years, or at the most 12 years, can be recovered for the agreed or the stipulated period of 15 years provided under the relevant service regulations, leading the respondents to realize from the employee more than the commutation value paid?

(2.) Writ-A No.12596 of 2024 has been heard as the leading writ petition. The learned Counsel for the petitioners, apart from highlighting facts and figures individual to their cases, have mostly confined their submissions to the aforesaid question of law. As such, facts would be noticed from the leading petition.

(3.) The petitioner, Sudhir Kumar Agarwal, was a Senior Manager with the Indian Overseas Bank, Station Road Branch, Moradabad and retired from service upon attaining the age of superannuation on 31/1/2012. The Indian Overseas Bank (for short, 'the Bank') is a nationalized Bank..