PREM DATT BHATIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner, who was born on 2nd September, 1917, was compulsorily retired as Naib Tehsildar on his attaining the age of 55 years, with effect from 18th December, 1972. In the year 1974, the petitioner was sanctioned pension at the rate of Rs. 116/- p. month and in the year 1977, the monthly pension was revised to Rs. 143/-.

(2.) In the year 1978 the petitioner had applied for commutation of his pension under the Punjab Civil Services Rules, under which the retiree has a right to get his monthly pension commutated to the extent of one-third, which is recoverable from the monthly pension of the retiree till the attaining of the age of 70 years. The petitioner was sanctioned a sum of Rs. 5160-60 in the form of commutation of pension at Rs. 47/- per month and the deductions from the pension of the above-said amount were to start with effect form 16th February, 1980. A copy of the order has been attached as Annexure P-1 to the petition. It took some time before the petitioner could be paid the actual commuted pension, and in fact, he was paid Rs. 5044-90 on 19th May, 1980.

(3.) Deductions from the monthly pension of the petitioner at the rate of Rs. 47/- per month were commenced with effect from 16th February, 1980. On 19th March, 1981, instructions (Annexure P-2) were issued by the Secretary to Government, Haryana, Department of Finance, to all the departments in the State, on the subject of liberalisation of pensionery benefits on the recommendations of the Pay Commission. One of the benefits was restoration of commuted pension, which was in the following terms :-