IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1362 of 2025 Decided on: 2nd May, 2025 ------------------------------------------------------------------------------------- Anil Sharma …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Kashmir Singh Thakur, Senior Advocate with Mr. Harjeet Singh, Advocate. For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General, for respondents No.1 and 3. Mr. Rangil Singh, Advocate, for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Consequent upon retirement of the petitioner on attaining the age of superannuation, the respondents processed his case for pension. It is his case that he had not opted for commutation of pension and therefore, prays for grant of full pension. 2. Heard learned counsel for the parties and considered the case file. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 3. Petitioner was an employee of the respondent- Public Works Department. He retired on 30.06.2024 as Assistant Engineer. The documents placed on record reflect that prior to petitioner’s superannuation, the respondents had processed his pension case. Petitioner’s pension case was submitted by the respondent-Department to the office of the Accountant General, Himachal Pradesh on 12.06.2024. The petitioner had also filled-in Form 1-A for commutation of fraction of superannuation pension without medical examination. Accordingly, Rs.20,47,212/- was computed as commuted value of pension payable to the petitioner. This amount was finally sanctioned in favour of the petitioner on 11.09.2024. On 30.09.2024, petitioner represented to the respondent-Department that he had not claimed commutation of pension and he does not want to claim or opt for commutation of pension, hence, full pension be released in his favour. The representation of the petitioner was forwarded by the respondent-Department to the office of the Accountant General, Himachal Pradesh on 05.10.2024. The respondents in their compliance affidavit have stated that amount of commutation of pension had already been credited into the account of the petitioner on 3 18.10.2024. The documents evidencing this fact have been appended alongwith the compliance affidavit. It has further been pleaded that petitioner is getting monthly pension after deduction of commuted value since November, 2024. The petitioner has also not disputed that he had filled-in Form 1-A in terms of Central Civil Services (Pension) Rules, 1972 and Central Civil Services (Commutation of Pension) Rules, 1981 for release of commuted value of pension. Therefore, in terms of the applicable rules, i.e. Central Civil Services (Pension) Rules, 1972 and Central Civil Services (Commutation of Pension) Rules, 1981, he is not entitled at this stage to claim full pension as commutation of pension has become absolute in his case. 4. Hence, finding no merit in the instant writ petition, the same is dismissed alongwith pending miscellaneous application(s), if any. Jyotsna Rewal Dua May 02, 2025 Judge Mukesh