CW 11827/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1-Civil Writ Petition No.11827/2009 Doongar Mal Versus State & Ors. 2-Civil Writ Petition No.11828/2009 Dhool Chand Versus State & Ors. Date of Order ::: 09/10//09 Hon'ble Mr. Justice Ajay Rastogi Mr. Chain Singh Rathore, for petitioners since both the petitions involve identical controversy, are being decided by common order. Instant petitions have been filed by petitioners who retired from service while holding post of Nakedar and on their retirement, were granted all pensionary dues; but are demanding commutation of pension which was earlier denied but finally in terms of Award passed by Labour Court, Ajmer, their pension was commutated and the amount of pension for the period during which they were paid full pension was duly adjusted and balance amount commutated towards pension was paid vide order impugned. Only thrust of contention made by Counsel is that in terms of R.6(b) of Rajasthan Civil Services (Commutation of Pension) Rules, 1996, deductions could not have been made by single stroke, which is in violation of Scheme of Rules, 1996. In the opinion of this Court, submission CW 11827/09 //2// made by the Counsel is without merit for the reason that during the period while commutation was not permitted, petitioners were paid full pension, to which they were not entitled in case of benefit of commutation of pension being granted; and since commutation of pension is based on service rendered by employee for purposes of commutation under Rules, 1996 and thus while giving benefit of commutation pension, what has already been paid to them under the head of pension requires to be duly adjusted and balance towards commutated pension was paid. As regards R.6(b) of Rules, 1996, it has no application in the facts of instant case. Consequently, both the writ petitions fail and are hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/ 11827CW09(2)Oct9-DsPns.doc