SHILA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CWP No. 9426 of 2023 alongwith other connected 807 writ petitions, details of which are tabulated in the schedule attached at the foot of the order, are taken up for hearing together at request and with consent of learned counsel for the parties as it is agreed that an identical question of law arises for adjudication in all writ petitions.

(2.) Learned counsel for parties were ad idem that reference to individual facts of each case are not required/relevant to be narrated in the given factual matrix as it is the identical question of law which requires adjudication for effective resolution and accordingly reply/additional affidavit on behalf of State in CWP No. 9426 of 2023 was accepted in all petitions.

(3.) Writ-petitioners in all the petitions are retired employees of the State of Punjab having served its various departments. All of them opted for commutation of their pension in terms of applicable provisions of Chapter 11 of the Punjab Civil Services Rules, Volume-II (for short 'PCS, Rules), Volume-II'). Question raised for consideration and adjudication is as to whether portion of pension commuted by the pensioner should be restored after completion of 15 years from actual date of commutation as provided in Rule 11.1 (2) of PCS Rules, Volume-II or it should be restored after a lesser period i.e., about 12 years.