R. GANDHI versus U.0.I. AND ANR.

Citation: [1999] SUPP. 1 S.C.R. 661 · Decided: 23-08-1999 · Supreme Court of India · Bench: K. VENKATASWAMI · Disposal: Dismissed

Judgment (excerpt)

R. GANDHI 
A 
\I, 
U.0.1. AND ANR. 
AUGUST 23, 1999 
[K. VENKA T ASW AMI AND 
B 
SYED SHAH MOHAMMED QUADRI, JJ.J 
Service Law : 
Pension-Commutation of-Restoration of commut~d pension after 15 C 
years period-Reckoning of -Supreme Court's decision in .Common cause 
case-Restoration of Pension on expiry of "15 years from the date of 
retirement"-Office Memorandum (No. 3412186-P & PW (G) dated 
22.8.1990-Providing reckoning of "Period of 15 years from the date of 
commutation ofpension"-Validity of-Held, the decision in Common Cause D 
case rightly understood in all subsequent judgments as "period of 15 years 
from the date of commutation"-0.lfice Memorandum dated 22.8.1990 not 
contrary to Common case. 
Judgment-Interpretation of-Held, words in the Judgment of Court 
cannot be interpreted as words in a statute. 
By an Office Memorandum No. 34/2/86-P&PW (G) dated 22.8.1990 
Government of India revised its earlier Memorandum by providing that period 
E 
of 15 years for restoration of commuted pension would be "from the date of 
commutation of pension" instead of "from the date of retirement". Appellant 
filed a public interest litigation challenging the said Office Memorandum on F 
the ground it was contrary to the directions issued by this Court in Common 
Cause case.* Respondent-Union of India filed a counter-affidavit stating 
that the directions issued in Common Cause case was clarified by this Court 
in Welfare Association's case**-"the period of 15 years be reckoned from 
the date of commutation of pension". Consequently, Government revised its 
earlier Office Memorandum and brought into force the Office Memorandum G 
dated 22.8.1990. High Court dismissed the writ petition. Hence the present 
appeal 
On behalf of appellant it was contended that once the Government 
accepted in principle that the commuted pension would be recovered for a H 
661 
662 
SUPREME COURT REPORTS [1999] SUPP. I S.C.R. 
A period of 15 years from the date of retirement and the same had culminated 
into a direction of this Court, they could not have unilaterally changed the 
same to reckon the period of 15 years from the date of commutation of 
pension. 
On behalf of respondent-Government it was contended that the period 
B of 15 years is fixed on the basis that the commuted pension would normally 
be recovered within the said period; when the commutation of pension and 
the date of retirement synchronise, no difficulty would arise but if the 
pension is commuted long after the date of retirement, the period of 15 years 
will be cut short when counted from the date of retirement and in the result 
C the pensioners will get an undue and unintended benefit of the order of the 
Supreme Court. 
Dismissing the appeal, the Court 
HELD 1.1. Memorandum dated 22.8.1990 issued by Government does 
D not 'incorporate any condition contrary to the judgment of this Court in 
Common Cause case. High Court, therefore, was justified in dismissing the 
writ petition. [666-H) 
1.2. The decision in Common Cause case has been rightly understood 
E in all subsequent judgments of this court "as 15 years from the date of 
commutation". The arbitrary action of Government was struck down by this 
Court in Common Cause Case by directing the Government to restore the 
full pension after 15 years "from the period of the retirement" to ~he 
pensioners who had commuted 1/3rd of the pension. The words in the judgment 
of the court cannot be interpreted as the words in a statute. By the said 
F direction, this court never intended to confer any unfair or undue advantage 
on the pensioners. It only ensured fairness in the treatment of pensioners 
at the hands of the Government in respect of deduction of pension consequent 
upon commu~ation of portion of the.>pension. This Court in Welfare 
Association's case came to hold that the period of 15 years for commutation 
G of pension would be reckoned from the date of commutation of pension. The 
judgment in Common Cause case was neither modified nor clarified. This 
Court in Welfare Association's case only understood the words "on the 
expiry of 15 years from the period of retirement" in Common Cause case 
as "15 years from the date of commutation". [666-E, F, G) 
H 
*Common Cause v. Union of India, (1987) 1 sec 142 and **Welfare 
R. GANDHI v. U.0.1. [S.S. MOHAMMED QUADRI, J.] 
663 
Association of Absorbed Central Government Employees in Public Enterprises A 
v. Union of India and Ors., (1991) 2 SCC 265, explained and reiterated. 

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