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SURYA KANT, J. [ORAL] The petitioner retired from the Punjab Superior Judicial Services in February, 1997 and the last office held by him was as District & 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 25.05.2007 [Annexure 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 scale [instead of 40% earlier allowed to him]. [2]. The petitioner gave his consent and pursuant thereto, the Accountant General [Accounts and Entitlement], Punjab - respondent No. 1 vide Memo dated 23.01.2008 [Annexure P-3] informed the Accountant General [A&E], Uttra Khand, Dehradun - CWP No. 1167 of 2010. ::-2-::

respondent No. 3 that due to resultant change in the rate of pension of the petitioner he shall now get revised pension of `7085/-, followed by another communication dated 28.03.2008 [Annexure P-4] informing respondent No. 3 that as a result of the revised commutation of pension, a sum of `1247/- is to be deducted from the petitioner's monthly pension. A sum of `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 `24042/- from him in purported compliance of the Memo dated 28.03.2008 [Annexure P-4]. Meanwhile, the petitioner has settled down at SAS Nagar [Punjab] and got his pension account transferred at Mohali.

amount towards the additional commuted value has been received, yet his monthly pension was reduced w.e.f. August, 2008. [4]. After the repeated representations made by the petitioner to various authorities, the High Court vide its memo dated 23.05.2009 [Annexure P-16] informed respondent No. 1 as follows:-

"I am directed to refer to your letter No. Pen-7/G-66-96- 97/10845-47 dated 5.1.2009 on the above noted subject and to draw your kind attention towards the Rule 11.14 of the Punjab Civil Services Rules Vol.II which provides that the recovery of the amount of pension on account of commutation shall become operative from the date of receipt of commuted value of pension by the pensioner or three months after the issuance of authority whichever is earlier. But your office vide letter dated 28.3.2008 has directed for the date of payment of original commuted value of pension which is wrong as Shri G.L.Chopra, retired District and Sessions Judge has been paid nothing on account of revision of commutation of pension. I am, therefore, to again request you to kindly reconsider the request of Shri G.L.Chopra for cancellation of revised authority for the payment of commuted value of pension as he has been paid nothing on account of revision of commutation of pension".

no where mentioned that the petitioner was ever paid the commuted value pension @ 50% of the revised pay scale.

[8]. Having heard learned counsel for the parties at some length and on perusal of the records, I find that respondents No. 1, 3 and 4 have acted in a totally mechanical and arbitrary manner thereby causing un-warranted harassment and hardship to a retiree - the petitioner. The solitary object of the information sent to the petitioner by the High Court vide Memo dated 25.05.2007 [Annexure P-1] was to facilitate him to seek enhancement in the commutation of pension from 40 to 50%. The petitioner gave his consent for the same legitimately expecting that he shall be paid the arrears of additional commuted pension. Without paying a single penny to him that the respondents started effecting recovery from his monthly pension from August, 2008 onwards and without caring his repeated hue and cry that no additional value of the commuted pension has been paid to him.