"Can you recover more from a pensioner than what has been given? Explain how it is not excess recovery. Explain how much is the principal, interest and whether you have recovered more from anyone," a bench of justices Badar Durrez Ahmed and Ashutosh Kumar said to the government.
The court was hearing a PIL which alleged that while the commuted amount of pension was fully recovered with interest in around 11 years, the Centre was recovering the amount for an additional period of four years.
"The object is to find out whether recovery is more than commuted amount with interest," the bench said and listed the PIL for hearing on April 19.
The petition has been filed by Forum of Retired IPS Officers (FORIPSO) which has challenged Rule 10A of the Central Civil Services (Commutation of Pension) Rules, 1981, which provides that the full pension would be restored only after 15 years if the option is availed.
Under the existing rules, the full pension is restored only after 15 years.
FORIPSO has contended that the commuted amount of pension plus interest is recovered within 11 years, but the Centre recovers it for an additional four years, bringing the total recovery period to 15 years, whereas in several states this has been reduced to 12 years.
Denying the allegations of FORIPSO, the Centre said it will provide the explanation with calculations regarding how it recovers the commuted amount of pension.
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