R. GANDHI vs U.O.I.

The Supreme Court addressed the validity of Memorandum No.34/2/86-P&PW(G) issued by the Department of Pension and Pensioner’s Welfare, which altered the reckoning of commuted pension recovery from 'the date of retirement' to 'the date of commutation'. The Court held that the Union of India could not unilaterally change the terms established by its earlier direction in Common Cause vs. Union of India, which mandated recovery for 15 years from the date of retirement. The appeal against the Madras High Court's dismissal of the writ petition was therefore upheld, reaffirming the original terms of pension recovery.