V B RAJU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) THIS is an appeal by certificate granted by the High court of Gujarat under Article 133(l)(c) of the Constitution of India and is directed against its judgment dated 29/06/1970 dismissing a petition under Article 226 of the Constitution In which the appellant, who began his career as a member of the Indian Civil Service and was ultimately appointed a High court Judge, prayed for the issuance of appropriate writs to ensure that he was granted two pensions independently of each other, one in relation to his service as a High court Judge and the other for the service rendered by him prior to his appointment as such.

(3.) THE relevant provisions of law may with advantage be noticed here. Prior to 1947 a High court Judge was entitled to pension in accordance with paragraphs 17, 18 and 19 of the government of India (High court Judges) Order, 1937 (for short 'the 1937 Order') promulgated by His Majesty- in-Council under the provisions of Section 221 of the government of India Act, 1935. Those paragraphs classified High court Judges for purposes of pension into three categories according as (1) they were members of the Indian Civil Service, (2) members of services other than Indian Civil Service or (3) were not drawn from any of the civil services, and provided a different scale of pension for each category.