dated 19.06.2018. This provisional pension was at full rate by
not deducting 40% of the pension as Commuted Value of
Pension. The applicant was placed ... that applicant was getting full
provisional pension without commuting (as he was under
suspension) and commuted value of pension was calculated
from the date
shortage/paucity of fund, the payment of
commutation of pension, dearness relief to pensioners from
July, 2013 onwards may be deferred till the budgetary support ... interest payable on the commuted pension
inasmuch as that the amount of commutation is calculated on the
pension likely to be earned by the retiring
respondents paid the interest on delayed payment of
pension arrears and gratuity, they have not paid interest on delayed
payment of commuted value of pension ... sanctioned pension, gratuity and commuted
pension by letter of 25.05.2018. The respondents have submitted a
summary of the retiral benefits and interest paid on delayed
averment that commutation of pension is also a part of
pension and the respondents are liable to pay interest on that amount
as well ... that amount as
well since commuted pension is a part of pension. However, the
respondents have paid interest for delayed payment of all other retiral
comprising of D.C.R.G. (Gratuity), Leave
Encashment, Commutation of Pension alongwith an
interest of 15% (fifteen percent) per annum till
these are actually ... because of refixation of his pay/ commutation
of pension and pay interest on delayed payment of
retirement benefits.
8. Per contra, learned counsel
pension to the petitioner on the 2/3rd commuted pension
from the date of commutation after adjusting the amount
already paid with interest ... Section 10 providing for commutation of
pension alone and not the right to claim pension after the
period of commutation.
14. That apart, even
applicant is held entitled
to interest on the amount of gratuity, commutation
and arrears of pension from the date of his
superannuation till the actual ... directed to pay
simple interest on the amount of delayed payment of
gratuity, commutation and arrears of pension, at the
rate of currently prevailing
earliest.
4. To pay arrears of the gratuity, commuted
value of pension and monthly pension and
other retiral benefits paid less ... applicant in
this OA, with respect to his pay, pension, commutation and
interest. No costs.
(Hina P. Shah) (Dinesh Sharma)
Member (J) Member
Tribunal may further be pleased to arrears of
pension, DCRG, Commutation of Pension with penal
interest @ 18% p.a. and award compensation ... arrears of
pension, DCRG and commutation of pension with an interest @
6% simple interest per annum within a period of three months
from the date
Third of his pension so as to
receive hundred times the monthly pension so
commuted as commuted value of pension'.
f. The Respondents herein ... Employees' Pension
Scheme, 1995, as prayed by the Complainant
herein, to withdraw the option of commutation of
pension with interest or otherwise, by refunding
