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ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
Indu Bhushan Pandey – Appellant
Versus
State Of UP Thru Prin. Secy. Deppt. of Energy – Respondent
JUDGMENT :
A. R. Masoodi, J.
1. Herad Sri Chandra Bhushan Pandey, Sri Paavan Awasthi and Sri Apoorva Tewari, learned Counsel appearing for the petitioners in the respective petitions, learned Sri V. P. Nag, learned Additional Chief Standing Counsel for the State-respondents and Sri Sanjay Singh, learned Counsel appearing for the Commission.
2. In the aforesaid three writ petitions, mainly challenge to Rule 15 of The Uttar Pradesh Electricity Regulatory Commission (Appointment and Condition of Service of the Chairperson and Members) Rules, 2008 [in brief, it has been referred to as ‘Rules, 2008’] has been made. Thus, they have been clubbed together and decided by a common order.
3. Apart from above, in Writ-A No. 5813 of 2022, Indu Bhushan Pandey v. State of U.P. and two others, following ancillary prayers have also been made:-
The retrospective application of an amendment affecting the pension entitlement of retired Members was held to be arbitrary and in violation of the Act and the Constitution.
An amendment with retrospective operation that takes away a benefit already available to the employee under the existing rule violates the rights guaranteed under Articles 14 and 16 of the Constituti....
Vested rights cannot be retroactively revoked by legislative amendments unless explicitly stated, ensuring protection under Articles 14 and 16 of the Constitution.
It is settled proposition of law that provisions are required to be read as they exist.
Pension regulations must be interpreted to ensure restoration of commuted portions aligns with similar state provisions, reinforcing the right to equitable treatment under statutory benefits.
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