At, Supreme Court of India
By, HON'BLE JUSTICE O. CHINNAPPA REDDY
By, HON'BLE JUSTICE A. P. SEN AND HON'BLE JUSTICE E. S. VENKATARAMIAH
K. Parasaran, Attorney General, R. D.Agarwala and R.N. Poddar, Advocates.
Forward Referenced In:-
general :-
1992 AIR (SC) 96, Union of India and Another Versus Deoki Nandan Aggarwal
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general :-
1991 AIR (SC) 1182, Indian Ex-Services League and Othersv. Union of India Versus Controller of Defence Accounts
]
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general :-
1990 AIR (SC) 1782, KRISHENA KUMAR VERSUS UNION OF INDIA]
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general :-
1984 AIR (SC) 1247, N.L. Abhyankar and Others Etc Versus Union of India
]
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Judgment Text
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 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..."
For the reasons mentioned by the learned Judges of the Allahabad High Court in their Ju
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dgment, we agree with their conclusion and dismiss the special leave petition. Petition dismissed.
