Commutation value of pension on conclusion of judicial proceedings where exonerated from charges
M.V.krishnarao
(Querist) 11 March 2013
This query is : Resolved
A government servant of A.P was retired from service on 31-05-2003 on superannuation and governed by APRPRs 1980 and AP Civil pensions *commutations Rules 1944. .As on the date of retirement No charge are pending. As usual pension proposals were submitted to the concerned authorities and on verification of the same the AG AP arrived the retirement benefits like pension, Gratuity and commutation value of pension and necessary entries were made in the Service Register. As arrived by the AG and entries made in the SR the commutation value of pension is arrived as Rs.3.26.352/- as per the commutation table existed as on the date of retirement taking the age of 59 years as detailed under
Commutation value of pension _2600*12*10.46- Rs.3.26.352/-
Before releasing the above said commutation value the ACB authorities have Registered a case of Disproportionate assets u/S13.1.e of PC Act 1988 after three months of retirement ie, on 23-08-2003. For this reason the retirement benefits which were already arrived are withheld and provisional pension paid as per the provisions of Rule 52 of APRPRs 1980.
The ACB authorities filed charge sheet in the court of Spl Judge for SPE and ACB cases in the year 2007 and the same was disposed in the year 2011 aquitting from thek offence said to have been committed. On conclusion of the Juditial proceedings the Govt. have issued orders dropping further action in the matter and directed the concerned authorities to pay the retirement benefits due to be paid. On conclusion of judicial proceedings the individual has not applied for commutation value of pension and the AG, authorized the commutation amount basing on the original application filed at the time of retirement only and released the pension , Gratuity, and commutation value of pension and the same were paid in the month of April 2012. But while authorising the retirement benefits in the month of march 2012 the AG AP authorized to pay the commutation value of Rs.2.31.848/- instead of 3,26,352/- basing on the revised table of commutation which came into effect from 01-02-2010 as per GO.Ms No.100 Finance _pensions1 Dept Dt.06-04-2010 taking the loaded age of 67 years as under.
CVP -Rs.2600/- * 1200/-*7.431 =_Rs.231848 Thus there is a difference of CVP of Rs.94000/-.
Please kindly clarify which commutation table and loaded age to be taken to arrive the commutation value of pension on conclusion of judicial proceedings initiated after retirement and where exonerated from all charges.
Raj Kumar Makkad
(Expert) 12 March 2013
It shall be good for you to raise your query at Caclubindia.com as this relates to calculation.
Anirudh
(Expert) 12 March 2013
Dear Mr. Krishna Rao,
Look at the issue in the following manner:
The fact remains that you were not allowed commutation on the date of your retirement. (Mere sanction so far as the same was not disbursed is as good as non-sanction of the commutation).
Had the commutation originally sanctioned Rs. 3 lakh and odd was disbursed to you, then from the date of such disbursement, your monthly pension would have been reduced. (Pl. calculate the amount of monthly pension that you would have foregone in case of such commutation. KEEP THIS AMOUNT SAY "X" AT ONE SIDE.)
Now compare the same with the reduced commutation of Rs. 94,000/-.
Please check up whether 94000 is more or "X" is more.
Come back to me, I will tell you further.
prabhakar singh
(Expert) 12 March 2013
It is not every time wise to refer a query elsewhere when we too have adept experts to answer.
Raj Kumar Makkad
(Expert) 12 March 2013
If experts are ready to reply then there is no problem but the querists can also be not allowed to wait for a long time so it is wise to refer them to get the solution to their problem wherein it can be easily provided. This is also a selfless service.
