SURESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) -The petitioner, a retired member of the U. P. Higher Judicial Service, is aggrieved by an order dated February 28, 1982 issued by the Accountant General whereby while sanctioning commutation of pension to the petitioner he directed deduction of amount of Rs. 273.55 from the sum determined by him as the commuted value of the petitioner's pension.

(2.) THE essential facts which are not in dispute lie within a narrow compass. THE petitioner retired from the aforesaid service on April 30, 1980 and on June 7, 1980 he received the pension payment order. On August 18, 1980 the petitioner made an application for commutation of one-third of his pension amounting to Rs. 340/- per month. THE processing of the application took 18 months during which the petitioner continued to draw full pension. On February 28, 1982 the Accountant General sanctioned the commutation of pension requested by the petitioner but while doing so directed a deduction of Rs. 6,273.55, on the premise that the date with effect from which the deduction of the commuted portion of the pension from the petitioner's salary were liable to be made was the date on which he had submitted his application for commutation.

(3.) THE commutation of pension is admissible to U. P. Government servants under U. P. Civil Pensions (Commutation) Rules, 1941 (the ' Commutation Rules ' for short). Rule 4 of these rules provides that subject to certain conditions laid down therein a Government servant may be permitted to commute for a lump sum payment any portion not exceeding half of the pension which has been granted to him under the relevant rules.