P.S. PANDYA Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER in this writ petition has prayed for the relief that the petitioner is not governed by All India Service (Commutation of Pensions) Regulations, 1959 for commutation of pension facility and hence M. P. Rules, 1976 applies to the petitioner which provides facility of restoration of commuted pension after reaching the age of 70 years.

(2.) IT is averred in the petition that the State Government in exercise of the powers conferred as per proviso to Article 309 of the Constitution of India framed "Madhya Pradesh Civil Pensions (Commutation) Rules, 1976 (hereinafter referred to as "M. P. Rules, 1976"). Petitioner has prayed for the relief in terms of the M. P. Rules, 1976. An order was issued in the year 1985. Pension was restored w.e.f. 1st July, 1985. Petitioner reached the age of 70 years on 26 -6 -1996. He therefore filled the form of application for restoration of commuted pension on 12 -7 -1996. Pension was restored on completion of 70 years as per order (P/2) dt. 18 -6 -1996. Order was issued after due sanction from the department of Finance. Order (P/2) was withdrawn by respondent No. 3 on 20 -8 -1996 on the ground that the petitioner had not completed 15 years from the date of order of commutation pension i.e. 29 -3 -1985 and he shall be completing 15 years on 28 -3 -2000. Accordingly the pension was again reduced. Hence, writ petition has been filed.

(3.) IN the return filed by the respondents No. 1 and 3, it is contended that the pension was sanctioned by the Accountant General, M. P. Gwalior under the All India Services (Death -Cum -Retirement Benefit) Rules, 1958, not under the M. P. Civil Services (Pension) Rules, 1976, as apparent from order (R/l) issued by the Accountant General, M. P. Gwalior on 22nd April, 1997. Rules, 1958 are applicable as per Rules, 1964 framed by the State of M. P. for District and Sessions Judge. Respondents have sanctioned the pension under the All India Services (Death -Cum -Retirement Benefit) Rules, 1958 and l/3rd portion of the same has been commuted as per provisions of the All India Service (Commutation of Pension) Regulation 1959. Thus, the M. P. Rules of 1976 are not applicable.