Ex Sub Girdhari Singh Rathore vs UOI & Others on 9 September 2026

O R D E R

09.09.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to stop further deduction on account of recovery of commuted value of pension with immediate effect and refund the extra instalments recovered from the Applicant after 11 years and 11 months of recovery or any other earlier date as decided by the Hon’ble Tribunal.

2. Vide Reply Statement, the Respondents have submitted that the Applicant was paid capitalised value of pension portion @ 50% as per his willingness. As per Para 163 of Pension Regulations for the Army, 2008 (Part-1), the pensioners who have commuted the admissible portion of pension are entitled to have commuted portion of pension restored after 15 years. The restoration may be reckoned from the date of discharge itself only in cases where commutation of pension was notified simultaneously with any kind of pension. In all other cases where commutation of pension led to a reduction in pension in second or subsequent months, 15 years will be reckoned from the

date of commutation, ie., from the date on which reduction in pension on account of commutation became effective. Further, as per Para 33.1 of Defence Pension Payment Instructions (DPPI), 2013, the commuted portion of pension of a pensioner will be restored by the Pension Disbursing Agency (PDA) on completion of 15 years from the date of reduction in pension, without waiting for any formal application from the pensioner. In the present case, the Applicant had willingly opted for commutation of his pension and, accordingly, the same stands notified in the PPO issued by the PCDA (P), Allahabad in favour of the Applicant under the existing provisions on the subject and the deduction of the same has correctly been made in the PPO of the Applicant. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

3. During the course of hearing, Counsel for the Applicant submits that the issue regarding restoration of commuted value of pension is at present pending for adjudication before the Hon’ble Apex Court in the case of Ravinder Nath Sharma &Ors Vs State of Punjab &Ors against the Order dated 27/11/2024 passed by the Hon’ble Punjab and Haryana High Court. Notwithstanding the statement of the counsel for the applicant, the issue pending at present for adjudication before the Hon’ble Apex Court with regard to restoration of commuted value of pension pertains to the employees of Govt of Punjab whereas, the applicant herein is a Central Govt pensioner for whom 15 years is the mandated period for recovering the commuted value of pension and the Orders of the Hon’ble Apex Court in the ibid matter will not affect the employees of Govt of India.

4. In this context, relevant portion of the Office Memorandum No 4/1/2025- P&PW(D)-Part (2)/E-10640 dated 23/7/2025 issued by Govt of India, Department of Pension and Pensioners Welfare reiterates that at present the period of recovery of commuted period stands at 15 years. This OM is based on Hon’ble Supreme Court orders and all the petitions filed to the contrary have since been dismissed by the Hon’ble Apex Court which has been depicted in the Govt of India, Department of Pension and Pensioners Welfare letter ibid as follows:-

“the law regarding commutation has been well settled by the Hon’ble Supreme Court vide their Judgment dated 09/12/1986 in Writ Petition Nos 3958-61 of 1983, “Common Cause” Society and Others (Petitioners) Vs UOI (1987) (1) SCC 142 in 1986. The Hon’ble Supreme Court considered all relevant factors like interest rate, mortality rate etc and the commutation table in existence in 1986 and gave a decision that the commuted period should be fixed at 15 years. The Hon’ble Delhi High Court in their judgment dated 17/1/2019 in WP (C) No 1222/2015 filed by the Forum of Retired IPS Officers (Foripso) Vs UOI &Anr observed that the pension, commutation of pension etc are policy matters, which are examined and decided on the basis of recommendations of the Pay Commissions by the authorities. Further, the Hon’ble Supreme Court of India in its judgement dated 15/4/2019 in Petition(s) for Special Leave to Appeal (C) No(s) 8852/2019 (arising out of the Impugned final judgment and Order dated 17/1/2019 in WP (C) No 1222/2015 passed by the Hon’ble High Court of Delhi at New Delhi) delivered that “we have no reason to entertain this petition. Accordingly, the special leave petition is dismissed”.

5. In view of the foregoing, it is crystal clear that restoration of full pension after a certain period, which is 15 years at present, is a matter of Govt Policy which entails deduction of commuted portion of pension for 15 years from the date of discharge/retirement of an individual. Therefore, we are not inclined to entertain this OA and the OA is dismissed being devoid of merit. However, any additional benefit, if any, that may accrue to the applicant, shall only be based on the decision taken by the Govt of India in due course of time.

6. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stands disposed off

7. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-