CHUNI LAL RAINA Vs. STATE OF J&K
LAWS(J&K)-1993-9-9
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 03,1993

CHUNI LAL RAINA Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.)PETITIONER claims commutation value of his pension. Respondents have refused to grant it on the plea that it cannot be authorised on the basis of assumptive/anticipatory pension. The short point involved is whether commutation of a portion of pension is permissible on the basis of assumptive pension or should it await final settlement of the pension.
(2.)PETITIONER retired on superannuation as Zonal Education Officer, Poonch on May 31, 1992. As his Service -book was not available he was allowed assumptive pension at the rate of 80% under Regulation 292 of K.C.S.R. vide PPO -52A dated June 25, 1992. While applying for the superannuation pension he also applied for commutation value of his pension under Regulation 33 -A within the time prescribed. He asserts that this was sanctioned by the Pension sanctioning Authority alongwith the pension. But even so, respondent No: 4 vide communication dated Aug. 11, 1992 informed him about withholding of his Gratuity for want of some no demand certificatesâ„¢ and rejecting of his claim for commutation value of his pension on the ground that there was no provision for assumptive commuted value of pension.
(3.)RESPONDENTS 3 to 5 have filed objections taking the same stand as reflected in the impugned communication. They have, however, disclosed that petitionerâ„¢s assumptive Gratuity has been released vide order dated November 6, 1992. This limits petitionerâ„¢s grievance only to his claim for commuted value of his pension and all that remains to be seen is whether commuted value of pension can be authorised to him on the basis of his assumptive/anticipatory pension.
Regulations 292 to 292 -AA deal with assumptive/anticipatory pension which is assumed provisionally on the basis of whatever data/ information/record is available with the competent Authority, in cases where necessary inquiries preliminary to the settlement of the amount to servants cannot be completed. The A.G. is empowered to sanction disbursement of the pension in such cases and in case of any variation or difference the adjustment is done when the pension is finally settled.



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