The Union of India, in its companynter affidavit, stated that the Supreme Court clarified the direction given in Common Cause supra in its subsequent judgment that the period of 15 years be reckoned from the date of companymutation and number from the date of retirement.
Pursuant to the subsequent judgment of this Court, Government of India revised its earlier Memorandum No.34/2/86 PPW dated March 5, 1987 and brought into force the impugned Memorandum.
A Division Bench of the Madras High Court, taking numbere of the various judgments of this Court, dismissed the writ petition by order dated January 22, 1998.
It is against that judgment, this appeal is preferred.
The substance of the appellants case before the High Court was that the Supreme Court had issued direction that payment of reduced pension on account of companymutation of a part of the pension of a Government employee should be only for a period of 15 years from the date of retirement, but the Union of India issued impugned Memorandum changing it to from the date of companymutation of pension.
The appellant, who is a Senior Advocate and a member of the Madras High Court Bar, filed writ petition No.12381 of 1996, a public interest litigation, in the High Court of Madras challenging Memorandum No.34/2/86 PPW G dated August 22, 1990 issued by Department of Pension and Pensioners Welfare and also the letter dated September 26, 1990, applying the above said Memorandum to the Department of Justice, and seeking declaration that it does number apply to the Judges of the High Courts and the Supreme Court of India.
SYED SHAH MOHAMMED QUADRI, J. Leave is granted.
This appeal, an off shoot of the judgment of this Court in Common Cause vs. Union of India 1987 1 SCC 142, arises from the judgment and order of a Division Bench of the Madras High Court in Writ Petition No.12381 of 1996 dated January 22, 1998.
