- (1.) The Petitioner retired from the Punjab Superior Judicial Services in February, 1997 and the last office held by him was as District and Sessions Judge, Amritsar. The Petitioner at the time of his retirement got 40% of his pension commuted and has since then been receiving the monthly pension revised from time to time. The Petitioner received a letter dated 25.05.2007Annexure P-1. from the High Court informing that subject to the consent to be given by him, he was entitled to commutation of pension @ 50% in the revised scaleinstead of 40% earlier allowed to him..
(2.) The Petitioner gave his consent and pursuant thereto, the Accountant GeneralAccounts and Entitlement., Punjab -Respondent No. 1 vide Memo dated 23.01.2008Annexure P-3. informed the Accountant GeneralAandE., UttraKhand, Dehradun - Respondent No. 3 that due to resultant change in the rate of pension of the Petitioner he shall now get revised pension of Rs. 7085/-, followed by another communication dated 28.03.2008Annexure P-4. informing Respondent No. 3 that as a result of the revised commutation of pension, a sum of Rs. 1247/- is to be deducted from the Petitioner's monthly pension, A sum of Rs. 1,46,797/- was assessed to be the value of commuted pension payable to the Petitioner. It may be mentioned here that at that time, the Petitioner was settled at Dehradun and used to draw his pension through the District Treasury Officer at Dehradun. The Chief Treasury Officer, Dehradun, though never paid the said additional commuted value of pension to the Petitioner, nevertheless started monthly deductions from the due date resulting into recovery of Rs. 24042/- from him in purported compliance of the Memo dated 28.03.2008Annexure P-4., Meanwhile the Petitioner has settled down at SAS NagarPunjab. and got his pension account transferred at Mohali.
(3.) The net effect of the above noticed exercise was that while the Petitioner received nothing towards the 'additional commuted value of pension', his monthly pension stood reduced to the extent of Rs. 1247/- w.e.f. August, 2008. The Petitioner immediately brought this fact to the notice of the High Court and made a request to allow him to withdraw his consent for commutation of pension @ 50% in the revised pay scale. His request was immediately forwarded by the High Court vide letter dated 10.11.2008Annexure P-9. to Respondent No. 1. The Petitioner also sent a representation to Respondent No. 1 on 22.01.2009Annexure P-11. informing that no amount towards the additional commuted value has been received, yet his monthly pension was reduced w.e.f. August, 2008.;