Judgement

JUDGMENT :- The petitioners herein are the retired civil servants. They were given pension after their retirement. They commuted 100% pension, with the result their pension became nil. However, they continued to be treated as pensioners by virtue of the order dated 15-12-95. The petitioners filed this petition under Article 32 of the Constitution of India praying several reliefs. One of the reliefs in the writ petition is as follows :

"iv) Issue a Writ, Order or Direction placing the petitioners herein on the same footing as those optees/absorbees who had exercised option No. (b) mentioned herein above and issue directions that the commutation of 2/3rd pension should be allowed with the same benefits as extended to category (b) optees/absorbees or the petitioners in the Common Cause judgment of this Honble Court......"

2. At the time when notice was issued on this petition, it was directed to be tagged with W.P. (C) No. 576/99. Subsequently, the W.P. (C) No. 576/99 came up for hearing before a Bench of this Court. However, the present writ petition was not listed along with the said writ petition. Writ Petition (C) No. 576/99 has now been decided and the operative portion of