- (1.) In this case the petitioner Shri Bhagwan Prasad has moved the High Court for grant of a writ in the nature of certiorari under Article 226 of the Constitution for the purpose of calling up and quashing the order of the State Government dated, the 1st July, 1959, cancelling its previous order dated the 30th September, 1958, allowing the cancellation of an order of commutation of pension dated the 5th February, 1958.
(2.) Cause has been shown by the learned Additional Standing counsel on behalf of the State of Bihar to whom notice of the rule was ordered to be given.
(3.) The petitioner retired from his post as Additional District Judge of Monghyr on the 1st April, 1956. Soon after he applied for commutation of a portion of his pension, and on the 5th February, 1958, the State Government made an order commuting a portion of the petitioner's pension, i.e. a sum of Rs. 174/- per month. On the 4th May, 1958, the petitioner again applied to the State Governmenet for cancelling the order sanctioning commutation of pension. The request oi the petitioner was allowed by the State Government on the 30th September, 1958, and on that date the State Government made an order cancelling its previous order of commutation of pension. Subsequently the State Government reconsidered the legal position, and on the 1st July, 1959 wrote to the petitioner to say that the petitioner was not entitled to withdraw his application for commutation and, therefore, the State Government was cancelling its previous order dated the 30th September, 1958. The letter of the State Government dated the 1st July, 1959, is annexure D to the writ application and reads as follows : "I am directed to refer to your letter No. Pen 221 P-3532, dated the 24th February, 1959, on the above subject and to say that the State Govern-men have since decided in consultation with the Law Department that the right of Shri Bhagwan Prasad to withdraw the application for commutation was forfeited with effect from the date the commutation became absolute as contemplated in Rule 253 read with Rule 259 of the Bihar Pension Rules. Therefore, the sanction accorded in G. O. No. 1814F, dated the 5th February, 1958, may now be given effect to immediately. The Government orders contained in Finance Department Memo. No. 14948, dated the 3oth September, 1958, may be treated as cancelled.";