Central Administrative Tribunal - Chandigarh
Unknown vs The Union Of India Through Secretary on 22 August, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH O.A.NO. 1227/PB/2012 Date of Order : ---- August 22, 2013. Coram: Honble Mr. Sanjeev Kaushik, Member (J). Raj Kumar son of Sh. R.L.Verma, resident of H.No.26, Divine Apartment, Lohgarh Road, Zirakpur, Tehsil Derabassi, District SAS Nagar, Mohali, Punjab. Applicant (By Advocate: Mr. S.K.Bansal ) Versus 1.The Union of India through Secretary, Ministry of Home Affairs, New Delhi. 2.Chandigarh Administration through the Home Secretary, Chandigarh Administration, 4th floor, UT Secretariat, Sector 9-D, Chandigarh. 3. The Chief Engineer, Chandigarh Administration, Ground floor, UT Secretariat, Sector 9-D, Chandigarh. 4. The Executive Engineer, Capital Project, Division No.2 ( Roads) Ground floor, UT Secretariat, Sector 9-D, Chandigarh. 5. The Accountant General (A&E), Punjab & U.T. Sector 17, Chandigarh. 6. The Accounts Officer ( Rents) Chandigarh Administration, Ground floor, UT Secretariat, Chandigarh. 7. The Pay & Account Officer, Central Pension Accounting Office, Govt. of India, Trikoot-2, Bhikaji Cama Place, New Delhi. 8. The Commissioner, Municipal Corporation, Sector 17, Chandigarh. Respondents (By Advocate: Mr. Deepak Agnihotri, for Respondents No.1 & 7 Mr. A.L.Nanda, for respondents No.2 to 4 & 6. Mr. I.S.Sidhu, for respondent no.5. Mr. Arvind Moudgil, for respondent no.8). O R D E R Honble Mr. Sanjeev Kaushik, Member (J):
Shri Bansal, learned counsel for the applicant made a statement at the bar that all the reliefs except the commutation of pension have already been granted by the respondents to the applicant. He prayed that the respondents may be directed to release the amount of commutation of pension to the applicant.
2. Shri Sidhu and Shri Nanda, learned counsel appearing on behalf of respondents no.2 to 6 strongly objected to the prayer of the applicant for release of commutation of pension on the ground that the applicant has not submitted the papers well in time, therefore, at this belated stage, the benefit of commutation of pension can only be given to a retired government servant only after his medical examination. They have submitted that the objection to this effect has also been made in the written statement. In this regard, Mr. Nanda, learned counsel for the respondents has produced before me a copy of letter dated 9.5.2013 written by the department to the applicant wherein the applicant was informed that you are applying for Commutation of Pension after the 7 year of retirement. As per Rule 11.12(2)(b) you have to submit form 12, Pension Form 14 along with 2 photographs one attested and another unattested so you can be medically examined by the P.M.O. Chandigarh. Even a bare reading of Rule 11.12 Chapter XI of Commutation of Civil Pensions clearly goes to show that the commutation of pension is admissible to the applicant if he submits the documents and thereafter his medical examination is to be done by the PMO Chandigarh. Rule 11.12-B(2) which is relevant for adjudication of the present controversy reads as follows :-
11.12-B(2) The benefit of commutation of pension without medical examination under rule 11.12-A shall not be admissible to a government employee, who
(a) retires on invalid pension under rule 5.11 or who on absorption in a service or post in or under a corporation or company or a body opts for the alternative of receiving the Death-cum-Retirement Gratuity and a lump sum in lieu of pension under sub-rule (2) of rule 5.3; or
(b) applies for commutation of pension after one year of the date of his retirement, except when the grant of pension is held up on account of any judicial or department proceedings as in such cases the period of one year shall be deemed to commence with effect from the date of proceedings are concluded without extinguishing the title to pension.
3. In view of the above, I direct the applicant to submit the documents to the respondents as demanded in their letter dated 9.5.2013. On submission of such documents by the applicant, the respondents will process the case of the applicant for medical examination and thereafter sending the same to the office of Respondent no.5 for releasing the commutation of pension.
4. The O.A is disposed of with directions as above. No costs.
(SANJEEV KAUSHIK) MEMBER (J).
Dated:- August 22, 2013.
Kks