1. Union of India, Rep. by the Secretary, Ministry of Personnel, PG & Pensions, (Dept. of Pensioners' Welfare), Sardar Patel Bhavan, Sansad Marg, New Delhi 110 001. 2. The Union of India, rep. by The Under Secretary, Ministry of Finance, (Department of Expenditure), North Block, New Delhi 110 001. 3. The Chief Postmaster General, Andhra Pradesh Circle, Dak Sadan, Hyderabad 500 001. 4. The Director of Accounts (Postal), A.P. Circle, O/o. The Chief Postmaster General, A.P. Circle, Dak Sadan, Hyderabad 500 001. 5. The Senior Postmaster (Disbursing Officer), Head Post Office, Secunderabad 500 003. 6. The SubPostmaster, G.C. Sub Post Office, Hyderabad 500 020. ... Respondents (By Advocates: Mrs. C. Vijaya Laxmi, proxy counsel for Mr. T. Hanumantha Reddy, Sr. PC for CG) 2 OA 21/572/2015 ORDER {As per B.V. Sudhakar, Member (Admn.)} 2. The OA is filed for not considering revision of 1/3rd commuted pension and for ordering recovery from pension. 3. Applicant joined the erstwhile P&T Department as Clerk on 1.6.1948 in the pay scale of Rs.60170 and thereafter on rising to the cadre of Sr. PS in Pay Band 2 with Grade Pay of Rs.4600, applicant joined Hindustan Cables Ltd, Hyderabad (HCL) in 1982 and then, after getting absorbed in the said organisation, retired from Government Service w.e.f 31.12.1982 with additional facility of permitting commutation of full pension as per judgment of the Hon'ble Supreme Court in 1996 (2) SCC 187 on 15.12.1995. Applicant retired on superannuation on 31.12.1987, with no pensionary benefits for the service in PSUs. On retirement from Govt. Service w.e.f 31.12.1982, applicant was granted full pension of Rs.578 under Rule 49 (2) (b) of CCS (Pension) Rules, 1972. A sum of Rs.27,860 towards commuted value of his 1/3rd original pension of Rs.193 and Rs.55,710 towards the balance 2/3rd pension of Rs.385 was paid to him but not as terminal benefits as claimed by Govt, which was also not agreed to by the Hon'ble Apex Court on 15.12.1995. As per provisions existing, the commuted pension is not liable to be restored, including the 2/3 rd pension commuted, which was indicated in the absorption order issued under Rule 37 A (1) (b) for those joining Public sector organisation and getting absorbed. On 9.12.1986, the Common Cause judgment [1987 (1) SCC 142] was rendered by the Hon'ble Apex Court wherein it was provided for restoring the pension after 15 years. Govt. permitted this commutation to 3 OA 21/572/2015 only Central Govt. Employees and not to Public Sector employees vide para 4 of OM dated 5.3.1987 on the ground that they have been paid terminal benefits on commuting pension in full and therefore they cease to be Central Govt. pensioners. Hon'ble Supreme Court clarified that para 4 of the OM referred to is not valid and that the restoration of 1/3rd pension also applied to PSU employees. Applicant argues that what applies to 1/3rd pension also applies to 2/3rd pension. Later when the Welfare Association of Absorbed Central Govt Employees in Public Enterprises agitated before the Hon'ble Supreme Court, in WP (C) No. 11855/85, in 1993 Govt. was directed to consider the petitioners case in the light of the judgment delivered in Common Cause judgment. This order of the Hon'ble Supreme Court judgment was not implemented by the Govt., though some Organisations like Railways, Defence permitted commutation of pension upto 55% of pension since Hon'ble Apex Court has not laid down any limit in this regard. Realising its fallacy Govt. withdrew the OM dtd. 31.3.1985. Applicant claims that he has been put to a loss of Rs.1869/month under 6th CPC and Rs.2496 under 5th CPC. As per Doctrine of expectation the applicant has