P V SUNDARA RAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In the matter concerning the pension of Central Government employees absorbed in Public Sector Undertakings has been the subject-matter of examination by this Court from time to time.

(2.) In "Common Cause", A Registered Society v. Union of India, (1987) 1 SCC 142, the grievance stressed was that certain provisions of the Commutation of Pension Rules permit Union of India to recover more than what is paid to the pensioners upon commutation and thus they sought for the issue of directions for formulating appropriate scheme rationalising the provisions relating to commutation. That petition was filed on behalf of the Government servants who had commuted their pension partially. During the pendency of the matter, Union of India agreed to restore the commuted portion of the pension in regard to all civilian employees at the age of 70 years or after 15 years, whichever is later, and agreed to make this effective from 1st April, 1986. The Court, however, directed that it would be just and equitable that the benefit agreed to be extended in respect of commuted portion of the pension should be effective from 1st April, 1985.

(3.) In Welfare Association of Absorbed Central Government Employees in Public Enterprises v. Union of India, (1991) 2 SCC 265, a two Judges' Bench examined the writ petition filed on behalf of those who at the time of retirement from Government service and entering into public sector had taken the advantage of commuting the entire pension and were seeking the benefit of the judgment in the case of Common Cause (supra). It was held that the petitioners belong to a class different from those whose case was before this Court in the Common Cause case. It was noticed that the commutation does bring certain advantages to the commutee and the class of Government officers represented by the petitioner had derived such benefits and there was no basis for the allegation that by not extending the benefit of common cause case, there has been any infringement of Article 14 of the Constitution.