Delhi High Court - Orders
Suresh Sharma vs Arun Kumar Sinha Chairman Ntro Ors on 6 November, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1624/2023
SURESH SHARMA ..... Petitioner
Through: Mr. MK Bhardwaj, Mr. MD Jangra,
Advs.
versus
ARUN KUMAR SINHA CHAIRMAN NTRO ORS..... Respondents
Through: Mr. Vikram Jetly, CGSC with Ms.
Shreya Jetly, Adv.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 06.11.2023 CM APPL. 57369/2023 Exemption allowed, subject to all just exceptions. The application is disposed of.
CONT.CAS(C) 1624/2023
1. This is a petition seeking initiation of contempt proceedings for violation of the order and judgment dated 27.07.2023 passed in W.P.(C) 431/2020. Paras 18 and 19 of the said order read as under:
"18. The aforesaid procedure adopted by respondent for calculation of commutation amount needs to be tested in the light of CCS (Commutation of Pension) Rules, 1981. It is pertinent to note that if on the date of superannuation (i.e. June 30, 2014) no disciplinary proceedings would have been pending, the petitioner would have received the commutation amount of Rs.12,10,418/- on the basic pay of Rs. 30,775/- multiplied with 8.194 (i.e. commutation value expressed as number of years of purchase at the relevant time). However, in This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/11/2023 at 21:44:26 view of the pending disciplinary proceedings, the commuted value of pension could only be calculated on conclusion of the same on July 11, 2018. The benefit of the commuted amount after deductions only came to be crystallized after July 11, 2018 and was deposited in account of petitioner on August 16, 2018. The said amount was initially calculated on the basis of basic pay as on June 30, 2014 multiplied by the relevant commutation factor of 8.194 on August 16, 2018, but subsequently, revised in view of the directions issued by the Tribunal. Thereafter, instead of applying the commutation factor of 8.194, the commutation factor of 7.731 has been applied taking the age on next birthday of petitioner as 65 years.
We are of the considered view that the Tribunal apparently failed to appreciate that the calculations made by the respondents overlooked proviso (b) to Rule 6 as well as Rule 8 of the CCS (Commutation of Pension) Rules, 1981 and 'commutation value expressed as number of years of purchase' prejudicial to the petitioner could not be applied. It needs to be kept in perspective that the commutation amount after reduction only became absolute on being credited in the account of the petitioner on August 16, 2018. The calculation made by the respondents applying reduced commutation factor without keeping in perspective the corresponding basic pay is contrary to the rules.
19. For the aforesaid reasons and in the facts and circumstances of the case, we are unable to concur with the findings of the Tribunal. The order passed by the Tribunal is accordingly set aside with the directions to the respondents to pass a fresh speaking order recalculating the commutation of pension after taking into consideration the relevant rules. The writ petitions are accordingly allowed in aforesaid terms."
2. Mr. Jetly, learned CGSC states that since the above said exercise requires interpretation of relevant rules to recalculate the computation of pension, the respondents have sent the complete file to the department of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/11/2023 at 21:44:26 Pension and Pensioners Welfare for seeking clarification.
3. The order is dated 27.07.2023 and a period of 3 months and 13 days has already elapsed.
4. The respondent shall complete the exercise and comply with the order dated 27.07.2023 expeditiously not later than 8 weeks from today.
5. In view of the above directions, the contempt petition is disposed of.
6. In case the same is not complied with, the petitioner is at liberty to revive the contempt petition.
JASMEET SINGH, J NOVEMBER 6, 2023/DM Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/11/2023 at 21:44:26