AFT Orderd to Stop Commutation Deduction After 12 Years of Pension

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Several court cases have been filed by the pensioners to stop deduction of commutation after 11 to 12 years of service. CAT, SAT, other tribunals and High courts have pased direction to concerned PDAs to stop deduction on account of commutation after 12 years. AFT has recently passed such an order which reproduced below :-

IN THE ARMED FORCES TRIBUNAL, (PB) NEW DELHI OA No. 230.4-OF 2024

IN THE MATTER OF:

MEMO OF PARTIES

  1. Sub Trilok Chand (Retd.) (No. JC374073A), S/o Shanker Lal, aged about 64 years, R/O WZ-1069, 2’d Floor, near Arya Samaj Mandir, Nagai Raya, New Delhi, PIN- 110046.
  2. Nb Sub Udhav Shanker Maurya (Retd.) (No. JC377184H), S/o Babu Ram Maurya, Aged about 57 Years.

All above applicants belong to the same records office of The Records Signals, PIN — 908 770, C/O 56 APO. . APPLICANTS.

Through US Maurya, Advocate VERSUS

  1. Union of India, Through Secretary Ministry of Defence, Room No. 101 A, South Block, DHQ PO, New Delhi, PIN 110 011.
  2. Chief of Army Staff, IHQ of MoD (Army), Room No. 195, South Block, DHQ PO, New Delhi, PIN 110 011.
  3. Principal Controller of Defence Accounts (Pensions), Draupadi Ghat, Allahabad (U.P.), PIN 211014.
  4. The Commandant & OIC, The Records Signals, PIN — 908 770, CIO 56 APO.                                                                      …RESPONDENTS.

COURT No.2
ARMED FORCES TRIBUNAL
PRINCIPAL BENCH: NEW DELHI

2. 9A 2307/2024 with MA 2732/2024

Sub Trilok Chand (Recd) & Ors.                           •••••                  Applicant

VERSUS

Union of India and Ors.                                        ••••• Respondents

For Applicant  :  U S Maurya (Adv for Applicant No.1),

For Respondents :       Mr. Y P Singh, Advocate

Maj A R Subhramaniarn, OIC, Legal Cell

HON’BLE MS. JUSTICE ANU MALHOTRA, MEMBER (0) HON’BLE REAR ADMIRAL DHIREN VIG, MEMBER (A)

ORDER
24.07.2024

The applicant vide the present OA makes the following prayers:-

(a) Direction to respondents to set aside/quash the following:-

  • Regulation 1.6 (Page No. 182 of Regulation) on Restoration of Commuted Pension; of Pension Regulation for the Army, 1961 (art-I),
  • Rule IOA on restoration of Commutation of Pension of 9.involved in this case is no longer res Integra, as the same had already been settled in the cases of Ram Swaroop Tindal Vs. State of Punjab and Others (CWP No. 2490 of 2024 order dated 09.02.2024 passed by Honible High Court of Punjab and Haryana, Om Prakash Aneja Vs. State of Punjab and Others (CWP No. 8222 of 2024 order dated 1504.2024), Shila Devi Vs. State of Punjab and Others (CWP Na, 9426 of 2023 order dated 03.05.2023) and Dr. Kumud Ghai Vs. State of Punjab and Ors. (CWP No. 13770 of 2024 order passed on 31.05.2024 (Annexure A-7). And the amount wherever recovered beyond that the same be refunded alorwwith interest @ 18% per annum and/or;
  • The applicant be granted any other relief which this Hon file Tribunal may deem appropriate, just and proper in the interest of justice and in the facts and circumstances of the case,
  • Award cost of the OA to the applicant.

2.     Alongwith the same is prayer seeking grant of interim relief:-

‘Direction to respondents to stay on further recovery from the applicants’ pension on commutation as the question involved in this case is no longer res Integra, as the same had already been settled in the cases of Ram Saroop jindal Vs. State of Punjab and Others (CWP No. 2490 of 2024 order dated 09.02.2024 passed by High Court of Punjab and Haryana, Om Pralcaslz Aneja Vs. State of Punjab and Others (CWP No 8222 of 2024 order dated 15.04.2024), Shila Devi Vs. State of Punjab and Others (CWP No. 9426 of 2023 order dated 03.052023) and Dr. Kumud Ghai Vs. State of Punjab and Or (CWP No. 13770 of 2024 order passed on 31.052024 (Annex–um A-7).”

3. Along with the OA is MA 2732/2024 whereby the two applicants have sought to join together in term of Rule-4 (5) R/W 25 of the AFT (Procedure) Rules, 2008 seeking join together submitted to the effect that the present OA is instituted on similar cause of action with a similar relief prayed. The averments made in the OA indicate inter dila to the effect that the applicant submits to the effect that restoration of commuted portion of pension must be by 12 years and that the respondents seeking to restore commuted portion after 15 years is arbitrary with reliance having been, placed on behalf of the applicants on the order dated 09.02.2024 of Hon’ble High Court of Punjab &

Haryana CWP No. 2490/2024 in Rain Samop jindal vs. State of Punjab and Others as also on order dated 15.04.2024 of the Hon’ble High Court of Punjab & Haryana in Om Fralcash Aneja vs. State of Punjab and Others CWP No. 8222/2024, and the order dated 03.05.2023 in Shila Devi vs. State of Funjab and Others CWP No.9426/2023 as well as order dated 31.05.2024 in Dr. Kumud Ghai vs. State of _Punjab and Others CWP No 13770/2024, copies of which are annexed as Annexure A-7 (Colly) to the present OA.

  • In view of the said submission the prayer made vide MA 2732/2024 under Rule-4(5) VW 25 of the AFT (Procedure) Rules, 2008 filed by the two applicants seeking to join together to institute the present OA through applicant no. 1 is allowed.
  • Notice of the OA for both reliefs prayed is issued to the respondents. Pleadings in the matter be completed by either side within a time frame of three months. The matter be listed before the Principal Registrar on 12.08.2024 for completion of pleadings and before the Bench thereafter on 11.12.2024.
  • As an interim measure till further directions, the further recovery of pension sought to be made by the respondents on the basis of commutation of pension involved is stayed, in as much as the applicants submit that they have completed with the period of 12 years of commutation of commutation of pension.

Justice Anu malhotra, Member(J)
Rear Admiral Dhiren Vig, Member (A)