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I do not think it is a fit case to try.
The grant of commutation as well as recovery is as per Pension Regulation. Hence there is no violation by the banks. I do not understand how the recovery is in violation of Section 37 of Contract Act.
There is a concept of time value of money. Today’s 100 rupee and tomorrow’s 100 rupee is not the same. When the recovery of commuted portion is recovered in 15 years, how do you expect the bank to recover only the actual amount paid to you? You and I sleep every night. Money does not sleep. It adds interest over night.
I am not aware of any specific ground under SBI pension rules to try this case. There is no point in making unnecessary litigation which will involve your time and money.
Regards.
S Kalyanasundaram
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Commutation of certain portion of pension at the time of retirement is voluntary.
Knowing fully well that recovery period of such commuted value is fifteen years as per Bank Employees Pension Regulations,1995,there is no point in asking for reduction of the period later to lesser years which is not legally sustainable and merely because the amount is” mathematically recovered”
Few HCs have already rejected such cases filed by retirees.
While talking about the loss one tend to forget about the fact that recovery is not made from family pension allowed to spouse of pensioner.
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