LAWS(SC)-1991-1-41

M L JAIN Vs. UNION OF INDIA

Decided On January 22, 1991
M.L.JAIN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petitioner was a member of the Rajasthan Judicial Service and was elevated as a Judge of the Rajasthan High Court on July 1, 1975. He was transferred to the Delhi High Court from where he retired on July 21,1984. A dispute relating to, his pension became the subject-matter of a writ petition before this Court and was disposed of on April 9, 1985 : (1985 (2) SCC 355). This Court fixed his pension at Rs. 21,500 per annum.

(2.) In the meantime, certain changes in the High Court Judges (Conditions of Service) Act, 1954, were brought about, firstly, by Central Act 38/86 and again by Central Act 20/88. Petitioner applied to this Court in Civil Miscellaneous Petition No. 18044/88 asking for benefits under the Amending Act. This Court by its decision on August 18, 1988, refixed petitioner's pension at Rs. 41,600 per annum with effect from January 1, 1986, and at Rs.46,100 per annum with effect from ments referred to above in view (1988 4 SCC 121). In paragraph 19 of this Court's order, it was stated:

(3.) The petitioner has now applied to this Court challenging the ceiling on additional pension appearing in clause (b) of para 2 of Part III of the First Schedule to the High Court Judges (Conditions of Service) Act of 1954. The First Schedule deals with pension of Judges. Judges in High Court are recruited from three sources:-