TRILOKCHAND DHANERIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) Since the subject matter in these writ petitions is identical, with the joint request of parties, all the petitions are analogously heard and being decided by this common order. Facts are being taken from Writ Petition No.34088 of 2024 which are narrated hereunder. 01. The petitioner has filed the present petition under Article 226 of the Constitution of India seeking quashment of Rule 10(1) of the Madhya Pradesh Civil Services (Commutation of Pension) Rules, 1996 as amended vide Notification dtd. 5/2/2013 and also the Notification dtd. 3/4/2013 which provides for restoration of commuted part of pension after a period of 15 years as illegal, arbitrary being ultra-vires of the provisions of Constitution of India. The petitioner is seeking refund of the excess amount recovered from the period beyond the period of 10 years and 08 months along with interest @ 18% per annum.

(2.) The petitioner is a senior citizen of India and comes under the category of pensioner of the respondents. The petitioner retired from the post of Office Assistant, Grade - I on 31/12/2012 from the office of Joint Secretary - III, the Madhya Pradesh Paschim Kshetra Vidyut Vitran Company Limited (hereinafter referred to as MPPKVVCL).

(3.) The MPPKVVCL is a Government Company registered under the provisions of the Companies Act, 1956 (Now 2013) incorporated after bifurcation of the Madhya Pradesh State Electricity Board. The MPPKVVCL is engaged in the sale and distribution of electricity in the State of Madhya Pradesh and adopted the Service Rules framed by the Government from time to time.