T.P. MAMTANI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS common order shall govern the disposal of all the three Writ Petitions as they have been filed for common cause. These petitions have been filed under Article 226 of the Constitution of India, to quash the notification dated 18.2.2000 by which the new rates of commutation of pension came into force.

(2.) (a) In brief the facts of the petitions are that M.P. Government is paying pension to its retired employees and in the year 1976 by framing rules introduced the theme of "commutation". The idea behind the scheme was that at the time of retirement an employee may have urgent need of lumpsum money to settle down and solve his problems like education of children, marriage of children, construction of house etc. so the scheme of commutation was formulated through the rules in which some portion of pension was given in lumpsum in advance and retired employee is given limited pension, upto certain years and after that he would get full pension. This scheme of commutation was captioned as 'M.P. Civil Services (Commutations of Pension) Rules' 1996 under Article 309 of the Constitution of India.

(3.) RETURN has been filed by respondent No. 1 and 3 and rejoinder has been filed by the petitioners. Petitioners have also filed written submissions.