N.L. Abhyankar & Ors Vs. Union of
India [1984] INSC 88 (24 April 1984)
REDDY, O. CHINNAPPA (J) REDDY, O. CHINNAPPA
(J) SEN, A.P. (J) VENKATARAMIAH, E.S. (J)
CITATION: 1984 AIR 1247 1984 SCR (3) 552 1984
SCC (3) 125 1984 SCALE (1)649
CITATOR INFO :
RF 1985 SC 619 (11) R 1988 SC 501 (5) R 1992
SC 96 (8)
ACT:
High Court Judges (Conditions of Service) Act
1954, S.
15, First Schedule Part 1 para 10 & The
High Court Judges (Conditions of Service) Amendment Act 1976.
Supreme Court Judges (Conditions of Service)
Act 1958, S. 14 & The Supreme Court Judges (Conditions of Service)
Amendment Act 1976.
Retired Judge-High Court & Supreme Court
enhanced pensionary benefits entitlement to-Irrespective of date of retirement.
HEADNOTE:
The Judges of the High Court and of the
Supreme Court 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. 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. 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. [552 D-F]
CIVIL ORIGINAL JURISDICTION : Writ Petition
(Civil) Nos. 3531 to 3534 of 1983.
(Under Article 32 of the Constitution) With
Writ Petition (Civil) Nos. 4831 to 4833 of 1983.
(Under Article 32 of the Constitution) And
Writ Petition (Civil) No. 13243 of 1983 (Under Article 32 of the Constitution)
V. A. Bobde, A. K. Sanghi, Ms. Amaljit Chauhan and Smt.
R. B. Bobde for the petitioners.
553 D. K. Garg for the Petitioner in Writ
Petition No.
13243 of 1983.
K. Parasaran, Attorney General, R. D. Agarwal
and R. N. Poddar for the Respondent.
The Order of the Court was delivered by
CHINNAPPA REDDY, J. In view of our decision in D.S. Nakara v. Union of
India,(1) [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 and others v. Union of India, which we have accepted as
correct in Special Leave Petition No. 9616 of 1983 just now dismissed by us we
allow the writ petitions. The Judges of the High Court and of the Supreme Court
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.
N.V.K. Petition allowed.
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