AIR 2019 SUPREME COURT 1547 ::2019 Lab IC 1741 ::AIROnline 2019 SC 348 ::2019 (4) ADJ 74 NOC ::2019 (14) SCC 232 ::(2019) 4 Scale 500

Supreme Court Of India

(From: Gujarat)

Hon'ble Judge(s): Ashok Bhushan, K. M. Joseph , JJ

Constitution of India , Art.309, Art.148(5)— Central Civil Services (Commutation of Pension) Rules (1981) , R.4, R.9, R.13(1), R.69— Commuted Value of Pension(CVP) - Claim of interest - For period immediately after retirement till actual payment CVP - Employee accepting provisional pension sanctioned under Rule, is precluded from applying for commuting provisional pension - Question of granting interest from date of retirement does not arise. @page-SC1548 In the present case applicant was given provisional pension under Rule 69 of the Pension Rules. This immediately attracts Rule 4 of the Commutation Rules prohibiting commutation of the provisional pension. In fact, Rule 69 of the Pension Rules contemplates sanctioning of provisional pension which is to be equal to the maximum pension which would have been admissible on the basis of the qualifying service up to the date of retirement of the Government servant or if he was under suspension on the date of retirement up to the date immediately before being placed under suspension. In this case the applicant was admittedly sanctioned provisional pension, while the provisional pension was in place, the applicant could not have sought commutation of the provisional pension granted under Rule 69 in view of the embargo against such commutation contained in Rule 4. Apparently the applicant moved applicati....