Union of India Vs. Bidhubhushan Malik
& Ors [1984] INSC 89 (24 April 1984)
REDDY, O. CHINNAPPA (J) REDDY, O. CHINNAPPA
(J) SEN, A.P. (J) VENKATARAMIAH, E.S. (J)
CITATION: 1984 AIR 1177 1984 SCR (3) 550 1984
SCC (3) 95 1984 SCALE (1)643
CITATOR INFO :
R 1984 SC1247 (1) D 1990 SC1782 (34) D 1991
SC1182 (23) R 1992 SC 96 (8)
ACT:
High Court Judges (Conditions of Service)
Act, 1954 (as amended)-First Schedule-Para 10-Validity of.
HEADNOTE:
Affirming the decision of the High Court and
dismissing the special leave petition, ^
HELD : (1) The words "and who has
retired on or after the 1st day of October, 1984" appearing in para 10 of
the First Schedule to the High Court Judges (Conditions of Service) Act, 1954
(as amended) are unconstitutional and are struck down. [550 A] (2) The Judges
(including the Chief Justices) of the High Courts are entitled lo pension as
computed under the Act (as amended) irrespective of their date of retirement.
But they will not be entitled to arrears of
pension for the period preceding October 1, 1984, the date which continues to
be relevant as being one from which the liberalised pension became operative.
[550 B-C] Decision of Allahabad High Court in
W.P. No. 3281 of 1979 (Judgment delivered on March 2, 1983) upheld.
CIVIL APPELLATE JURISDICTION : Special Leave
Petition (Civil) No. 9616 of 1983.
From the Judgment and Order dated 2nd March,
1983 of the Allahabad High Court in Writ Petition No. 3281 of 1979.
K. Parasaran, Attorney General, R.D.A garwala
and R.N.
Poddar for the Petitioner.
The Order of the Court was delivered by
CHINNAPPA REDDY, J. 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 551 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 Court 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 (Conditions 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.
H.S.K Petition dismissed.
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