Punjab & Haryana High Court Upholds 15-Year Pension Restoration Period
The High Court of Punjab and Haryana, in CWP No. 9426 of 2023 and 807 connected petitions, dismissed the challenge to the 15-year restoration period for the commuted portion of pensions under Rule 11.1(2) of the Punjab Civil Services Rules, Volume-II. The petitioners, retired Punjab government employees, argued that the period was excessive and unconstitutional, as the recovery of the commuted amount typically occurs within 11.5 years, leading to unjust enrichment for the State. The court upheld the 15-year restoration period, citing previous judgments, the voluntary nature of pension commutation, and the policy's basis in actuarial calculations and recommendations by Pay Commissions. It found no evidence of arbitrariness, emphasizing that such policy decisions lie within the State's purview. However, the State agreed to review the restoration period through an expert committee to address the concerns raised.
