Learned Judge ought not to have denied
interest for the non-disbursement of Gratuity, Commutation
including Pension holding that, ‘belated disbursement’,
‘adverse records ... interest, but for other retiral benefits, including pension, commutation
of pension, interest cannot be granted. Following the decisions of the
Apex Court
commutation of pension with retrospective effect, as
there is no provision for the same in the commutation of pension rules.
Further, the commutation of pension ... pension, the Commutation of pension shall become absolute
on the date following the date of his retirement provided that the Commuted
Value of pension becomes
restoration of commuted pension in
the All India Services (Commutation of Pension) Regulations, 1959.
However, provisions for restoration of commuted pension in terms of Rule ... commutation table being used for purposes of
commuting pension, accordingly. All future cases of
commutation of pension should be considered as per
the revised commutation
respondent received his
full pension i.e. 100% pension, upon commutation, the respondent was
to receive only 40% of his pension.
16. Upon perusal ... view that while the respondent is not
entitled to interest on the amount of commuted pension, as far as the
direction of the Tribunal
respondent to
sanction interest for the belated payment of commutation of pension
with further interest till the actual date of payment.
For Petitioner ... respondent to sanction interest for the belated payment of
commutation of pension with further interest till the actual date of
payment.
2. By consent
delayed payment of Gratuity and Commutation
(including 8.7% interest on the amount of interest
itself). The interest on GPF is paid @8.7% only. A
copy ... delayed payment of Gratuity and Commutation
(including 8.7% interest on the amount of interest
itself). The interest on GPF is paid @8.7% only. A
copy
counsel for the
petitioner that the amount other than the interest on commuted
pension stands paid to the petitioner. However, Mr. Ajay
Chauhan, Advocate ... this stage, states that even the interest on
commutation and monthly pension to the tune of Rs. 34,646/
already stands sanctioned in favour
allowed
Rs.2,81,190/- as interest but have not paid interest on DCRG,
Commutation Value of Pension and GPF, therefore, applicant is before
this ... interest.
9. Sh. K.K. Thakur, learned counsel for the respondents vehemently
argued that plea of the applicant for interest on commuted value of
pension
eligible to commute a
percentage of his provisional pension authorised
under Rule 69 of the Pension Rules or the pension,
as the case ... whole
of the pension. In regard to pension, it is beyond
dispute that for belated payment of pension, interest
can be ordered to be paid
directed to
grant the monthly pension w.e.f. 1.2.2016 till
date alongwith 9% interest and continue to pay
in future also, by issuing ... full amount of Gratuity, leave encashment and
commute pension, alongwith interest @ 9% per
annum on the pending dues under law.
2. According to the petitioner
