S VISWANATHA Vs. KARNATAKA POWER TRANSMISSION CORPORATION LTD

JUDGEMENT

(1.) This appeal is filed by the Petitioner in W.P. No. 3187/2006 being aggrieved by the order dated 18-4-2006 wherein the learned Single Judge of this Court has declined to interfere with the grant of prayer to declare that the Respondents are entitled to adjust/make up the commuted amount of Rs. 2,92,838/- which was paid to the Petitioner at the end of 15 years or 180 months.

(2.) The Appellant herein filed W.P. No. 3187/2006 contending that he was in the services of the Respondent; on attaining the age of superannuation, he retired from the services on 29-4-2000; he opted for commutation of portion of his pension in terms of the Karnataka Electricity Board Employees' Service Regulation (hereinafter called the 'Regulations') governing the employees of the Corporation and he has been paid in lumpsum the 1/3rd commuted value of the pension and balance of 2/3rd of the monthly pension is being paid ever since his retirement on or after 29-4-2000. The Petitioner found that the deduction made by way of commutation is Rs. 2,333/- per month (1/3rd of pension amount of Rs. 7,000/-) and the commuted amount given to the Petitioner is only 2,92,838/- and if the amount of Rs. 2,333/- per month is deducted from the pension amount for 15 years, the amount would come to Rs. 4,19.940/- and therefore he made a representation to the Respondents that recovery of the amount of Rs. 2,333/- per month may be reduced to Rs. 1,188/- per month. The said representation was rejected with reference to the Regulations and being aggrieved by the same, writ petition was tiled reiterating averments made in the representation made to the Respondents that if Rs. 2,333/- per month being 1/3rd of the pension value is recovered for a period of 15 years, amount would come to Rs. 4,19,940/-, whereas commuted amount that is paid is only Rs. 2,92,838/- and therefore amount sought to be recovered should not be more than Rs. 2,92,738/- and therefore, amount to be recovered ought to have been reduced from Rs. 2,333/- per month to Rs. 1,188/-per month.

(3.) The petition was resisted by the Respondents contending that the Petitioner has accepted the scheme for commutation provided under the scheme, 1/3rd of pension can be commuted and commuted amount would be paid in advance in lumpsum. However, the original pension would be restored only after 15 years and in view of the fact that the writ Petitioner has advantage of receiving the lumpsum amount in advance, which would have been payable monthly on the date of payment of pension every month, the amount that is recovered would naturally be more than the commutation amount that is granted to the Petitioner.