CWP No.3531 of 1995 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3531 of 1995 Date of decision : 06-07-2010 D.P. Dastur, Advocate .... Petitioner VERSUS The State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.K. Malik, Sr. Advocate with Mr. Kohal Sharma, Advocate, for the petitioner. Mr. Himanshu Raj, Asstt. AG, Haryana. KANWALJIT SINGH AHLUWALIA, J. (Oral) Petitioner invokes extra ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India and prays that a writ in the nature of mandamus be issued directing the respondents to commute pension of the petitioner. It is an admitted case of the parties that petitioner after putting in 25 years' of service sought voluntary retirement on 30.11.1990. Case of the petitioner is that due to the negligence of the concerned official, his request for commutation of pension was detached from the Pension Payment Order No.45419. Case of the respondent is that commutation of pension was denied as petitioner applied after six month period stipulated under rules. It is not disputed that pension is commuted for a specified period and later the amount is adjusted in the pension to be paid to a CWP No.3531 of 1995 -2- retiree. Petitioner retired w.e.f. 30.11.1990. As on today, 20 years are going to elapse. In case, pension had been commuted in year 1990, it could have been recovered from the petitioner. Since this was not done by efflux of time, the prayer made by the petitioner cannot be answered as age of pensioner is one relevant consideration while granting commutation of pension. Thus, the prayer of the petitioner cannot be entertained by this Court after 20 years of retirement. In view of the observations made above, the present petition is disposed of. (KANWALJIT SINGH AHLUWALIA) 06-07-2010 JUDGE manju