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13. From the aforesaid judgments of the Supreme Court, it is clear that Public Sector Undertakings absorbees, who were Central Government employees earlier are entitled to commute 1/3rd of the pension and also claim terminal benefits for the balance 2/3rd of pension on the basis of commuted value in accordance with the relevant tables at the relevant time. The Supreme Court also clarified that in respect of the 1/3rd of the commutation of pension which was done by the employees is also entitled for Dearness relief or allowance as the case may be as applicable to the Central Government employees. The Supreme Court further clarified that after completion of 15 years of service, the 1/3rd commuted portion will be restored and the dearness allowance on full pension is payable to such absorbees. In fact the learned Standing Counsel for the Central Government fairly submits before this Court that the P.S.U. absorbees were given the benefit of Dearness Relief etc., in full on the basis of pension without reference as to whether such absorbee has commuted 1/3rd pension or whether he has received commutation value of 2/3rd pension as terminal benefits. However, the issue that calls for consideration is whether after 15 years in case of Public Sector Undertakings absorbees whether full pension is restored or only 1/3rd of pension (commuted pension) is restored in respect of such absorbees, who commuted 100% pension. According to the learned Counsel for the petitioner the absorbee gets restoration of full pension notionally and that 1/3rd has to be calculated after arriving at a full pension and deducting the value of the 2/3rd, pension which was received by him as terminal benefits. In the instant case the following are the details of the employee: 
Basic         Interim           Dearness                 Fitment 
Pension       Relief             Relief                 Allowance
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1,350/- 150/- 1,999/- 540/-
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As can be seen from the above figures after 15 years i.e., from 28-6-1997, it is admitted that the basic pension of the petitioner is Rs. 604/-. It is also admitted that the petitioner is entitled for the dearness relief and others attendant benefits on full pension and the learned Standing Counsel concedes before this Court that as far as the other reliefs are concerned, other than the pension they are being released on full pension not on pro-rate basis confining only to 1/3rd of pension.
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Basic      Interim         Dearness        Fitment      Total
Pension     Relief          Relief        Allowance
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947/- 185/- 1,998/- 540/- 3,670/-
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However, the learned Counsel for the petitioner submits that 1/3rd has to be calculated on the basis of basic pension and after deduction of 2/3rd Rs. 403/-. As per rule what is restored is 1/3rd pension and not full pension as he is a Public Sector Undertakings absorbee. The facility of surrendering 2/3rd pension was in vogue for some period and it is now dispensed with, but we are only concerned with the situation, when the facility was in vogue as in the present case. The learned Standing Counsel submits that in case of P.S.U. absorbees, who had not only commuted 1/3rd pension, but also obtained terminal benefits in respect of the 2/3rd pension also, the full pension cannot be restored. Unlike, the other pensioners-Central Government employees, in their case only maximum permissible extent of commutation is 1/3rd of pension and the balance is paid on monthly basis, but whereas, in case of PSU absorbees, they get maximum amount at a time. In that way, they cannot be treated on par with the Central Government employees, in respect of the pension. Therefore, ultimate submission of the learned Standing Counsel is what is restored is not full pension but only 1/3rd of the basic pension with reference to the pension drawn by him. Admittedly, in the instant case 1/3rd of pension has been communted. Therefore, he submits that his basic pension is liable to be fixed on 28-6-1980 at Rs. 201/- and while from 1-1-1996, basic pension is Rs. 403/-. However, the petitioner will be entitled for other benefits like dearness relief, interim relief etc., on full pension of Rs. 604/- from 26-9-1995 and Rs. 1,350/- from 1-1-1996. The learned Counsel for the petitioner, however, submits that it would be invidious discrimination and injustice to Public Sector Undertakings absorbees. When the Supreme Court also observed that for the purpose of pension and other benefits, the PSU absorbees are to be treated on par with the Central Government employees, the former cannot be denied the benefit of proper fixation. In such an event, what has to be deducted to arrive at proper pension is to deduct the amount which were represented 2/3rd of pension every month namely, Rs. 403/-.
From 1-1-1996 onwa rds 1.350/-

135013:

450/-
185/-
403/-
   
1,998/-
947/-
   
540/-
17. We have given serious consideration to the respective contentions on the calculation of restorable pension after 15 years period.
18. We are afraid, we cannot accept the contention of the learned Counsel for the employee. Though, arguments appears to be very appealing at the first blush, but when it is scanned with regard to the rule position, his contention cannot be accepted. It has to be noted that Public Sector Undertakings absorbees are entitled for the benefit of pension on par with the Central Government employees. But, however, one distinction has to be noticed in this regard. The Central Government employee is entitled to commute not more than 1/3rd of pension and the same facility is also allowed to be enjoyed by the PSU absorbees by virtue of the judgment of the Supreme Court. But receiving terminal benefits in respect of the 2/3rd pension calculated with reference to the commutation table is not available to the Central Government employees. He has to receive 2/3rd pension every month after commutation of 1/3rd pension. Thus, as far as the Central Government employee is concerned what he has been receiving for the 15 years is 2/3rd pension and 1/3rd pension was commuted and even in respect of the 1/3rd commutation pension, the Public Sector Undertakings absorbees are also entitled for dearness relief etc., but not on the entire pension commuted as on the date of retirement. Moreover, they received lump sum amount by way of terminal benefits on surrendering of 2/3rd pension. In that way, they have already parted with 2/3rd pension, it cannot be said to be revive after 15 years. But, in case of Central Government employees, 2/3rd pension was continued to received by them. Therefore, what is restored is 1/3rd pension which means full pension. But, the same principle cannot be applied to say that the absorbee will get full pension after 15 years in case those who had commuted 1/3rd pension and received terminal benefits for 2/3rd pension. Had he not surrendered, he continued to receive 2/3rd pension, the same principle will apply as in case of Central Government employees. But having received the cash compensation in respect of the surrender value of 2/3rd he cannot be allowed to say that he is also a pensioner as far as 2/3rd pension is concerned. Such absorbees stand on a different footing and they fall in a different class by themselves on this issue. Under those circumstances, the inescapable conclusion is that 1/3rd pension has to be arrived at only on the basic of the basis pension divided by three after completion of 15 years, which became drawable as on the date of respective dates and not to be arrived by deducting Rs. 403/-from the pension. Therefore, the petitioner will be entitled to as follows: