1984 JTR(SC) 123
1984 AIR(SC) 1177 ; 1984 1 Scale 643 ; 1984 3 SCC 95 ; 1984 SCC(L&S) 354 ; 1984 3 SCR 550 ; 1984 1 UJ 816
SUPREME COURT OF INDIA
O. CHINNAPPA REDDY, A.P. SEN AND E.S. VENKATARAMIAH, JJ.
Union of India, Petitioner
Versus
Bidhubhushan Malik and others Respondents.
Spl. Leave Petn. (Civil) No. 9616 of 1983
Decided on 24-4-1984.
Advocates appeared
Mr. R. K. Parasarn, Attorney General, M/s. R. D. Agarwala and Mr. R. N. Poddar, Advocates, for Petitioner.
Act
Referred
:CONSTITUTION OF INDIA : Art.14
HIGH COURT JUDGES CONDITIONS OF SERVICE ACT : S.7
High Court Judges (Conditions of Service) Act, 1954 - High Court Judges (Condition of Service) (Amendment) Act, 1976 – Pension – Retirement - Payment of arrears - High Court Judges (Conditions of Service) Act, 1954, shall be read down as under : In para 10 of First Schedule, words "and who has retired on or after are unconstitutional and are struck down - Omitting unconstitutional part it is declared that Judges (including Chief Justices) of High Courts are entitled to pension as computed under High Court Judges (Conditions of Service) Act, 1954, (as amended) irrespective of date of retirement – Held, date continues to be relevant as being one from which liberalised pension became operative under the High Court Judges (Condition of Service) (Amendment) Act, 1976, irrespective of date of retirement and hence there is no question of payment of arrears of pension for period preceding - For reasons mentioned by learned Judges of High Court in their Judgment, Court agree with their conclusion and dismiss special leave petition - Petition dismissed.
High Court Judges (Conditions of Service) Act, 1954 - High Court Judges (Condition of Service) (Amendment) Act, 1976 – Pension – Retirement - Payment of arrears - High Court Judges (Conditions of Service) Act, 1954, shall be read down as under : In para 10 of First Schedule, words "and who has retired on or after are unconstitutional and are struck down - Omitting unconstitutional part it is declared that Judges (including Chief Justices) of High Courts are entitled to pension as computed under High Court Judges (Conditions of Service) Act, 1954, (as amended) irrespective of date of retirement – Held, date continues to be relevant as being one from which liberalised pension became operative under the High Court Judges (Condition of Service) (Amendment) Act, 1976, irrespective of date of retirement and hence there is no question of payment of arrears of pension for period preceding - For reasons mentioned by learned Judges of High Court in their Judgment, Court agree with their conclusion and dismiss special leave petition - Petition dismissed.
K.PARASARAN ATTORNEY, R.D.AGRAWAL, R.N.Poddar
JUDGMENT
ORDER:—The Allahabad High Court has held :
"...........The High Court Judges (Conditions of Service) Act, 1954, (as amended) shall be read down as under : In para 10 of the First Schedule, the words "and who has retired on or after the 1st day of October, 1974" are unconstitutional and are struck down. Omitting the unconstitutional part it is declared that the Judges (including the Chief Justices) of the High Courts are entitled to pension as computed under the High Court Judges (Conditions of Service) Act, 1954, (as amended) irrespective of the date of retirement. The date October 1, 1974, continues to be relevant as being one from which the liberalised pension became operative under the High Court Judges (Condition of Service) (Amendment) Act, 1976, irrespective of the date of retirement and hence there is no question of payment of arrears of pension for the period preceding October 1, 1974 ................."
For the reasons mentioned by the learned Judges of the Allahabad High Court in their Judgment, we agree with their conclusion and dismiss the special leave petition.
Petition dismissed.
For Citation: AIR 1984 SC 1177