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2(iii) Monthly recovery of commuted value of pension from the petitioner commenced from March, 2013 @ Rs. 5060/- per month and @ Rs. 5296/- per month (on account of additional commuted pension of Rs. 23,796/-) from December, 2013. Petitioner as per following table refunded the amount of Rs. 7,23,428/- as commuted value of pension and interest thereupon @ 8% per annum till August 2024:-

2024:HHC:14756 Commuted Installment Interest @ Total Total Excess If recovery Excess value of deducted 8% payable amount amount amount that will be amount will pension from on Principal payable recovered that has made in 180 be recovered received at pension amount. @ 8% till August been installments in 180 the time of every Principal interest 2024 with recovered (15 years @ installments retirement month amount including interest till August Rs. 5296/- Col (7-4) recovered in Principal 2024 Col per month) 100.45 amount (5-4) installments Col (1+3) Recovera ble in 135 installme nts.

(508288 + (5060 + 179999/- 711993/- 723428/- 11435/- 953280/- 2,41,287/- 23706) = 236) = 531994/- 5296/-

2(iv) Petitioner's case is that the respondents have recovered principal amount i.e. commuted value of pension from him in 101 installments (rounded off). Interest @ 8% per annum i.e. Rs. 1,79,999 (Rs. 1,80,000/- rounded off) on commuted value of pension was also paid by the petitioner in next 34 installments. Petitioner's case is that on payment of 135th installment of commuted value of pension on 30.06.2024 he had cleared his entire liability towards commuted value of pension. Petitioner's grievance is that despite his clearing the liability of commuted value of pension alongwith applicable interest, commuted value of pension is still being recovered from his monthly pension. That full pension is not being released to him. Hence, this petition has been filed seeking directions to the respondents to restore the commuted portion of pension to the petitioner from the day when he cleared 2024:HHC:14756 his liability i.e. after 11 years & 3 months instead of 15 years. The substantive reliefs prayed for by the petitioner are as under:-

4(iv) Petitioner retired at the age of 58 years in the year 2013. He was to attain 59 years of age on his next birthday. The applicable factor in his case would be 8.371. Simple interest @ 8.00% was applied as per Table of Commutation Values for Pension. The commuted value of pension in petitioner's case would be 5296 X 8.371 X 12 = 531994. This amount was received by the petitioner as commuted value of his pension. Petitioner paid Rs. 5311994 i.e. commuted value of pension in 100.45 (101 rounded off) installments. According to the petitioner Rs. 1,79,999/- towards interest upon the commuted value of pension (@ 8% of Rs. 531994/- per annum) was recovered from him in next 34 installments.

Petitioner's grievance is that despite his paying back the commuted pension with interest @ 8% per annum, the respondents did not restore full pension to him. The commuted value of pension is still being recovered from his pension even though the same stands fully refunded with interest.

2024:HHC:14756 4(v) Commuted pension was sanctioned in favour of the petitioner under Commutation Payment Orders dated 20.02.2023 and 31.12.2013. As per these Orders the commutation value of pension was to be restored after 15 years from the date of payment of commuted value of pension.