Order

K. Venkataswami, J.-This Court in a judgment dated 15.12.1995 in Welfare Association of Absorbed Central Government Employees in Public Enterprises & Ors. v. Union of India & Anr.1, inter alia, held as follows :-

“From the above extracts, it will be seen that a clear-cut distinction is made in Rule 37-A itself between one-third portion of pension to be commuted without any condition attached and two-third portion of pension to be received as terminal benefits with condition attached with it. It follows that so far as commutation of one-third of the pension is concerned, the petitioners herein as well as petitioners in “Common Cause” stand on similar footing with on difference. So far as the balance of two-third pension is concerned, the petitioners herein have received the commuted value (terminal benefits) on condition of their surrendering of their right of drawing two-thirds of their pension. This was not the case with the petitioners in “Common Cause” case. That being the position the denial of benefit given to “Common Cause” petitioners to the present petitioners violates Articles 14 and 16 of the Constitution. The reasoning for restoring one-third commuted pension in the