Judgment

RANGANATH MISRA, J. : - By these applications under Art. 32 of the Constitution Common Cause, a registered Society and three retired Government servants have asked for striking down certain provisions of the Commutation of Pension Rules applicable to civilian and defence pensioners as they permit the Union of India to recover more than what is paid to the pensioners upon commutation and for a direction that an appropriate scheme rationalising the provisions relating to commutation be brought into force. The respondent has filed a counter-affidavit challenging the maintainability of the petition as also the claim of the petitioners and the matter has been heard at considerable length from time to time. Parties have filed written submissions supplementing their oral arguments.

2. The Central Civil Services (Commutation of Pension) Rules, 1981 are the appropriate rules in force so far as civilian employees under the Government of India are concerned. A set of regulations is in force in regard to Defence personnel.

3. It is not disputed that in the case of civilians the total amount of pension which can be commuted is up to one-third while in the case of Defence personnel, commut