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Restoration of commuted portion after 12 years _ Mumbai CAT judgment

Summary of OA No.860/2024 • Court: Central Administrative Tribunal, Mumbai Bench • Date of Order: 11th November 2024 • Applicants: Hari N. Saste and others (retired employees of the Department of Posts) • Issue: Applicants seek interim relief against recovery of commuted pension after 12 years of retirement. • The applicants are seeking an "Interim Stay" on the recovery of commuted pension, specifically requesting that no recovery be made from those who have completed 12 years of retirement. They also seek a refund of any amounts recovered in excess of this period, along with interest, until a final decision is made on their application • Arguments: o Commutation recovery should be reduced to 12 years based on mortality rates and recommendations from the 5th Central Pay Commission. o Respondents argue the challenge is barred by limitation and the rule is statutory. • Interim Relief Granted: Recovery of commuted pension for specific applicants (No.10, 11, 13, 14, 15, 27 & 39) is stayed until further orders.
 

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