N D P NAMBOODRIPAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was a member of the Higher Judicial Services of the State of Kerala and was elevated as a Judge of the High Court of Kerala in 1972. He retired from service with 23 years of pensionable service; 8 years of which he served as a High Court Judge.

(2.) The pension and other benefits of High Court Judges are determined on the basis of Part III of the 1st Schedule of the High Court Judges (Conditions of Service) Act, 1954, as amended by the Amending Acts, 1986 and 1988. In accordance with these provisions, the basic pension payable to the appellant was fixed at Rs. 17,300/- p.a.

(3.) The Union of India issued order O.M. dated 16-4-1987 rationalising the pension structure of employees who retired before 1-1-1986. It is also stated in the said order that separate orders vis-a-vis the pension of the retired High Court and Supreme Court Judges would be issued. Accordingly the Government of India in a Notification dated 18-12-1987, ordered to revise the ordinary pension admissible to High Court Judges under Cl. 2(a) of Part III of the 1st Schedule of the Act with effect from 1-1-1986.