The Supreme Court, hearing an SLP filed by retired Punjab government employees, has issued a limited notice on the time frame to decide to the State of Punjab regarding the challenge to Rule 11.1(2) and Rule 11.5 of the Punjab Civil Services Rules, Volume II, which mandate a 15-year period for the restoration of full pension following commutation. Charu Mathur, Counsel and AoR on behalf of Petitioners argue that the State’s recovery of commuted pension over 15 years is arbitrary and amounts to unjust enrichment, emphasizing that actual recovery (with interest) is typically completed in 10.8-11.5 years and that other states have adopted shorter periods.
The High Court had earlier dismissed over 800 similar petitions, holding that pensioners who voluntarily availed commutation could not seek changes to conditions accepted “with open eyes,” and judicial interference was warranted only in cases of manifest arbitrariness.