R. GANDHI versus U.0.I. AND ANR.

R. GANDHI versus U.0.I. AND ANR.

The Office Memorandum dated 22.8.1990, which reckons the period of 15 years for restoration of commuted pension from the date of commutation, is not contrary to the Supreme Court's decision in Common Cause v. Union of India. The decision in Common Cause has been rightly understood in all subsequent judgments as meaning 15 years from the date of commutation, not retirement.

Parties
Appellant: R. Gandhi; Respondents: Union of India and Another
Jurisdiction
India
Judgment Date
23 August 1999
Procedural Posture
Civil Appeal / Supreme Court Appeal From Madras High Court Judgment in Writ Petition No. 12381 of 1996
Outcome
Appeal dismissed
Legal Topics
Pensions, Commutation of Pension, Restoration of Pension, Judgment Interpretation, Retirement Benefits
Service Law Pensions Commutation of Pension Restoration of Pension Judgment Interpretation Retirement Benefits

Case Brief

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Parties

R. Gandhi

Appellant

Union of India and Another

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Madras High Court Judgment in Writ Petition No. 12381 of 1996

Legal Issues

  1. 1 Whether the Office Memorandum dated 22.8.1990, changing the reckoning of 15 years for restoration of commuted pension from 'the date of retirement' to 'the date of commutation of pension', is contrary to the Supreme Court's decision in Common Cause v. Union of India.

Ratio Decidendi

The Office Memorandum dated 22.8.1990, which reckons the period of 15 years for restoration of commuted pension from the date of commutation, is not contrary to the Supreme Court's decision in Common Cause v. Union of India. The decision in Common Cause has been rightly understood in all subsequent judgments as meaning 15 years from the date of commutation, not retirement.

Court Disposition

Appeal dismissed

Orders

  • High Court judgment upheld
  • No costs