Dipak Misra, J.

By this writ petition preferred under Articles 226 and 227 of the Constitution of India the petitioner, Samviliyanit Karmachari Kalyan Samiti, Bhopal, (hereinafter referred to as 'the Society') a society registered under the Societies Registrikaran Adhiniyam, 1973 represented by its Secretary has prayed for issue of a writ of mandamus commanding the respondents to treat the State Government retired absorbed employees who got lump sum amount in lieu of full pension on par with other State Government retired employees for all purposes and grant them all benefits and facilities and further to issue a writ of mandamus to grant the employees who have been absorbed and have been given lump-sum amount in lieu of full pension, the benefit of restoration of one-third portion of commuted pension on expiry of 10 years from the date of retirement and further to confer the benefit of restoration of residual portion of commuted pension from the date one-third portion of commuted pension is restored and to issue a writ of certiorari quashing the memorandum dated 14-7-1998, Annexure P/8, and to grant all other benefits including D.A., I.R. etc. increasing the pension, medical facilities and certain other reliefs.

The facts as have been exposited are that the petitioner-Society is registered under the Societies Registrikaran Adhiniyam, 1973. The members of the Society are the absorbed employees of one or the other body corporate such as, Corporations, Boards, Universities and autonomous bodies etc. A copy of the list of members of the Society has been brought on record as Annexure P/1. An illustration has been given indicating that Shri S.S. Nanoti was in the Madhya Pradesh State Secretariat, General Administration Department and he retired from the State Government on 31-7-1977 and thereafter he was appointed in Barkatuallah University, Bhopal, and subsequently he was absorbed in the University. Similarly one Shri Kashinath Athley was Joint director of Treasuries and Accounts in the State of Madhya Pradesh and he was sent on deputation to the M.P. Housing Board on the post of Financial Adviser and Chief Accounts Officer and he was absorbed in the Board's services wherefrom he was superannuated, Other members whose list has been appended to Annexure P/1 stand in similar footing with these two persons. It is putforth in the petition that initially they were sent on deputation without their specific consent looking to the demand and requirement of the State Enterprises/Organizations and thereafter on the recommendations of the concerned organization they were absorbed. The State Government lent their services for formation of the new organizations and their efficient functioning. Though they had rendered 25 to 30 years services in various departments before they were permitted to be absorbed in the State Enterprizes/Organizations. The members of the Society were given the retiral benefits as contained in the Appendix II of the Madhya Pradesh Civil Pension (Commutation) Rules, 1976 (hereinafter referred to as 'the Rules'). It is urged in the petition that the Rules provide facility of commutation of pension to the State Government retirees belonging to all classes of pensioners ranging from Class I to Class IV. Reference has been made to Rules 32, 33 and 34 of the aforesaid Rules. It is setforth that the Rules provide the facility of commutation to the State Government retirees belonging to all classes of pensioners to the extent of one-third portion of pension as originally sanctioned at the time of retirement. A lump-sum amount is paid to the retirees in advance on the basis of "number of years purchased" with reference to the age of retirees as shown in the 'Table'.

It is averred in the writ petition that according to the Rules once commutation of pension is done, a retired employee becomes entitled to draw the residual portion of the pension which is two-third of the pension as originally sanctioned for the remaining period