A. N. Varma, J. - (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. The petitioner challenges the above decision of the Accountant General on the ground that on a true and proper interpretation of the relevant statutory provisions and the Government orders issued in connection with the commutation of pension deductions of the commuted portion of the pension could be made from the petitioner's pension only from the date of the order of the Accountant General sanctioning commutation or subsequent thereto and not ealier. Having given the matter our careful consideration we are clearly of the opinion that the petitioner's contention has considerable merit and must be accepted. In order, however, to appreciate the legal issue involved in the case it will be convenient to have a look at the relevant statutory provisions and the Government Orders issued from time to time on the subject.
(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. The next relevant provision is Rule 7 which lays down that no commutation will be sanctioned until the pensioner produces a certificate from the competent medical authority to the effect that his bodily health and prospects of duratian of life are such as to justify commutation. The rigour of this rule was, however, liberalized by a Government order issued on June 3, 1980 which enabled the pensioners to apply for commutation within one year of his retirement without producing the kind of certificate referred to above. Under clause (4) of this order, however, it was provided that commutation shall be allowed only after the same has been sanctioned by the Head of the Department and be effective from the date on which the application for commutation is completed in all respects.;