Union Of India Vs. Bidhubhushan Malik And Others On 24 April, 1984

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Union Of India v. Bidhubhushan Malik And Others

Union Of India
v.
Bidhubhushan Malik And Others

(Supreme Court Of India)

CIVIL APPELLATE JURISDICTION Special Leave Petition (Civil) No. 9616 of 1983 | 24-04-1984

CHINNAPPA REDDY, J.

1. 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 t he 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..."

2. 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.

3. Petition dismissed.

Advocates List

K. Parasaran, Attorney General, R. D.Agarwala and R.N. Poddar, Advocates.

Bench List

HON'BLE JUSTICE O. CHINNAPPA REDDY

HON'BLE JUSTICE A. P. SEN

HON'BLE JUSTICE E. S. VENKATARAMIAH

Eq Citation

(1984) 3 SCC 95

[1984] 3 SCR 550

AIR 1984 SC 1177

1984 (16) UJ 816

1984 (1) SCALE 643

(1984) SCC (LS) 354

LQ/SC/1984/117

HeadNote

Constitution of India — Arts. 229 and 14 — High Court Judges Conditions of Service Act, 1954 as amended by High Court Judges Conditions of Service Amendment Act, 1976 — Liberalised pension — Applicability of, to Judges who retired prior to 1-10-1974