CHINNAPPA REDDY, J.
1. In view of our decision in D.S. Nakara v. Union of India, (1) [1983] 1 SCC 305 [LQ/SC/1982/209] 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.
2. Petition allowed.
N.l. Abhyankar And Others Etc v. Union Of India
N.l. Abhyankar And Others Etc v. Union Of India
(Supreme Court Of India)
Writ Petition (Civil) Nos. 3531 to 3534, 4831-4833, 13243 of 1983 | 24-04-1984
Advocate List
Bench
- HON'BLE MR. JUSTICE O. CHINNAPPA REDDY
- HON'BLE MR. JUSTICE A.P. SEN
- HON'BLE MR. JUSTICE E.S. VENKATARAMIAH
Eq Citations
- [1984] 3 SCR 552
- 1984 LABIC 955
- (1984) 3 SCC 125
- AIR 1984 SC 1247
- 1984 (49) FLR 354
- 1984 (32) BLJR 390
- 1984 (16) UJ 817
- 1984 (1) SCALE 649
- 1984 (2) LLN 516
- 1984 (2) SLJ 66
- 1984 (2) SLR 464
- (1984) SCC (LS) 486
- LQ/SC/1984/118
Head Note
Constitution of India — Art. 136 — Pensionary benefits — Judges of High Courts and Supreme Court — Entitlement to — Entitlement to pensionary benefits under amended Act of 1976 irrespective of dates of retirement — Held, Judges of High Courts and Supreme Court will be entitled to pensionary benefits under amended Act of 1976 irrespective of the dates of their retirement — Arrears of pension calculated under provisions of new Act will be paid to those to whom it is due within four months from today — In case of Judges who have died after 1.10.1974 the 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 1976 Amending Act and paid to them — Ad-hoc payments made, if any, will be adjusted while making such payments — However, what has been said about pensionary benefits does not apply to payment of gratuity — Service Law — Pension — Entitlement to pension — Arrears of pension (Paras 1 and 2)
