Parties have filed written submissions supplementing their oral arguments.
The respondent has filed a companynter affidavit challenging the maintainability of the petition as also the claim of the petitioners and the matter has been heard at companysiderable length from time to time.
The Union Government took some time for responding to the suggestion of the Court and that is how the disposal was initially delayed.
Under Article 32 of the Constitution of India Salve, P.H. Parekh and P.K. Manohar, for the Petitioners.
Thereaf ter, the hearing of the matter has again been delayed on account of pressing business in the Court.
ORIGINAL JURISDICTION Writ Petition No.
3958 61 of 1983.
P. Singh, R.D. Agarwala, Ms. S. Relan, C.V.S. Rao, R. Singhand S.R. Srivastava for the Respondent.
The Judgment of the Court was delivered by RANGANATH MISRA, J. By these applications under Article 32 of the Constitution Common Cause, a registered Society and three retired Government servants have asked for strik ing down certain provisions of the Communication 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 companymutation and for a direction that an appropriate scheme rationalising the provisions relating to companymutation be brought into force.
