1984 JTR(SC) 122
1984 AIR(SC) 1247 ; 1984 32 BLJR 390 ; 1984 49 FLR 354 ; 1984 LIC 955 ; 1984 2 LLN 516 ; 1984 PLJR(SC) 80 ; 1984 1 Scale 649 ; 1984 3 SCC 125 ; 1984 SCC(L&S) 486 ; 1984 3 SCR 552 ; 1984 2 SLR 464 ; 1984 UJ 817 ; 1984 KHC 806
SUPREME COURT OF INDIA
O. CHINNAPPA REDDY, A.P. SEN AND E.S. VENKATARAMIAH, JJ.
N.L. Abhyankar and others, Petitioners
Versus
Union of India, Respondent.
Writ Petn. Civil Nos. 3531 to 3534, 4831 to 4833 and 13243 of 1983
Decided on 24-4-1984.
AND
Mohanla Ujamshi Shah and another, Petitioners,
Versus
Union of India, Respondent.
AND
J.P. Chaturvedi, Petitioner
Versus
Union of India, Respondent.
Advocates appeared
Mr. V. A. Bobde, Mr. A. K. Sanghi, Ms. Amaljit Chauhan and Smt. R. B. Bobde, Advocates, for Petitioners; Mr. D. K. Garg, Advocate, for Petitioner in Writ Petn. No. 13243 of 1983; Mr. R. K. Parasaran, Attorney General, M/s. R. D. Agarwala, Mr. R. N. Poddar, Advocates, for Respondent.
Act Referred :HIGH COURT JUDGES SALARIES AND CERTAIN CONDITIONS OF SERVICE ACT : Sch.1
Amended Act of 1976 - Retirement - Arrears of pension - Court have accepted as correct in Spl. Leave Petn. No. just now dismissed by Court allow writ petitions - Judges of High Court and of SC will be entitled to pensionary benefits under amended Act irrespective of dates of their retirement - They will be so entitled with effect from - Arrears of pension calculated under provisions of new Act will be paid to those to whom it is due within four months from today – Held, In case of Judges who have died after amounts due will be paid to legal heirs of Judges within four months from today - Family pension due to widows will be calculated under provisions of Amending-Act and paid to them - Ad hoc payments made, if any will be adjusted while making such payments - Court have said about pensionary benefits does not apply to payment of gratuity - Writ petitions are disposed of.
Amended Act of 1976 - Retirement - Arrears of pension - Court have accepted as correct in Spl. Leave Petn. No. just now dismissed by Court allow writ petitions - Judges of High Court and of SC will be entitled to pensionary benefits under amended Act irrespective of dates of their retirement - They will be so entitled with effect from - Arrears of pension calculated under provisions of new Act will be paid to those to whom it is due within four months from today – Held, In case of Judges who have died after amounts due will be paid to legal heirs of Judges within four months from today - Family pension due to widows will be calculated under provisions of Amending-Act and paid to them - Ad hoc payments made, if any will be adjusted while making such payments - Court have said about pensionary benefits does not apply to payment of gratuity - Writ petitions are disposed of.
A.K.Sanghi, AMALJIT CHAUHAN, D.K.GARG, K.PARASARAN ATTORNEY, R.B.BOBDE, R.D.AGRAWAL, R.N.Poddar, V.A.BOBDE
JUDGMENT
ORDER :— In view of our decision in D. S. Nakara v. Union of India, (1983) 1 SCC 305 and for the reasons mentioned by the Allahabad High Court in Writ Petition No. 3281 of 1979 dated 2-3-1983 in the case of Bidhubhushan Malik v. Union of India which we have accepted as correct in Spl. Leave Petn. No. 9616 of 1983 just now dismissed by us we allow the writ petitions. The Judges of the High Court and of the SC will be entitled to the pensionary benefits under the amended Act of 1976 irrespective of the dates of their retirement. They will be so entitled with effect from 1-10-1974. Arrears of pension calculated under the provisions of the new Act will be paid to those to whom it is due within four months from today. In the case of Judges who have died after 1-10-1974 the amounts due will be paid to the legal heirs of the Judges within four months from today. The family pension due to the widows will be calculated under the provisions of the 1976 Amending-Act and paid to them. Ad hoc payments made, if any, will be adjusted while making such payments. The writ petitions are disposed of accordingly. What we have said about pensionary benefits does not apply to payment of gratuity.
Orders accordingly.
For Citation: AIR 1984 SC 1247
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