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Commutable Portion (33 x 1/3rd) % Rs.4050/3 = Rs.1350/-
Revised CVP Rs.1350 x 12 age next birth day on 7.10.2005 (date of final order) 9.48 = Rs.1,53,576/-.

Reduced pension Rs.2490/- (4150-1660) Reduced Pension Rs.2800/- (4150 - 1350) Original DCRG Rs.1,83,534/-

Revised DCRG Rs.1,83,534/- (no change)

21.It is worthwhile for this Court to refer to paragraph 9 and 10 of the counter of the 1st Respondent which run as follows:

"9.It is submitted that the revised Commuted Value of Pension of Rs.153576/- was arrived at based on the age factor of 9.48 for age next birth day of 62 years as on 07.10.2005 (i.e.) date of issue of final orders in the disciplinary proceedings. Further, due to the punishment of cut in pension of Rs.100/- p.m. imposed on the petitioner, the Commuted pension shall be calculated on the basic pension of Rs.4150/- less cut in pension of Rs.100=4050/-. Furthermore, at the time of issue of original Pension Payment Order in July 2002, the commutable portion of pension as per the Rules in force at the time of retirement on 30.06.2002 was 40% of pension. Final orders in the disciplinary proceedings against the petitioner were passed only on 7.10.2005. However, in the interim, Government issued G.O.Ms.No.74 Finance (Pension) dated 19.4.2003, wherein the maximum limit for Commutation of the portion of pension was reduced from 40% to 33 1/3rd % of pension with effect from 1.4.2003. Therefore, this Respondent perforce had to calculate revised Commuted Value of Pension as above, which accounted for the difference of Rs.54788/- (Rs.2,08,364 - 1,53,576). ...

31.Yet another decision R.Gandhi V. Union of India and another (1999) 8 Supreme Court Cases 106 at page 110 is relied on the Petitioner wherein at paragraph 13 it is held as follows:

"13.This Court strikes at arbitrary action of the State and accordingly it did in Common Cause by interdicting the arbitrary action of the Government in paying the reduced pension as a result of commutation of 1/3rd pension for the rest of the life of the pensioners and issued an equitable direction to restore the full pension after 15 years "from the period of the retirement" to the pensioners who had commuted 1/3rd of the pension. The period of 15 years has been arrived at after taking into consideration various factors mentioned above. It is a well- settled principle that the words in the judgment of the Court cannot be interpreted as the words in a statute. By the said direction this Court never intended to confer any unfair or undue advantage on the pensioners. It only ensured fairness in the treatment of pensioners at the hands of the Government in respect of deduction of pension. The decision in Common cause has been understood in all subsequent judgments of this Court as 15 years from the date of communication and we are in respectful agreement with the same. This neither prejudices the rights of any of the parties nor confers any undue or unfair advantage upon any party."
2.Payment of provisional pension made under sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such Government servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specific period.

(3)Nothing contained in this rule shall prejudice the operation of Rule 6 when final pension is sanctioned upon the conclusion of the departmental or judicial proceedings."

(b)The provisional pension shall be authorised by the Audit Officer during the period commencing from the date of retirement to the date on which, upon conclusion of the departmental or judicial proceedings, final orders are passed by the competent authority.
(c)No gratuity shall be authorised to the Government servant until the conclusion of such proceedings and issue of final orders thereon:
Added by G.O.Ms.No.286, Finance (Pension), dated 7th April 1995, vide SRO151/1995, with effect from 4th July 1988 [Provided that no such gratuity, shall be withheld in respect of a Government servant, who has been permitted to retire without prejudice to the departmental or judicial proceedings pending against him, where such departmental or judicial proceedings are only for administrative lapses not involving any pecuniary loss to the Government:] Added by G.O.Ms.No.287, Finance (Pension), dated 7th April 1995, vide SRO143/1995, with effect from 16th October 1991. [Provided further that where a Government servant against whom a departmental or judicial proceedings involving pecuniary loss to Government is pending, is permitted to retire without prejudice to such departmental or judicial proceedings, a portion of gratuity may be authorized, after deducting the maximum computed financial loss to the Government for which the Government servant is held liable, along with un- recovered Government dues if any, of such Government servant with interest.] (2)Payment of provisional pension made under sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such Government servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.