JUSTICE SHAILENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Background : The jurisdiction of this Court under Article 32 of the Constitution has been invoked by eight judges of the High Court of Patna who are aggrieved by a communication dtd. 13/12/2022 issued by the Under Secretary to the Government of India in the Department of Justice of the Union Ministry of Law and Justice. The communication has been issued to the Senior Accounts Officer in the office of the Principal Accountant General (A&E) at Patna.

(2.) The petitioners were appointed as District Judges on 15/4/2010. Seven petitioners in the first of the two petitions, were appointed as Judges of the Patna High Court on 4/6/2022 while the sole petitioner in the second petition was appointed as a Judge of that High Court on 22/11/2023. On appointment as Judges of the High Court, their salaries and conditions of service were to be governed by the High Court Judges (Salaries and Conditions of Service) Act 1954 [Act of 1954].

(3.) Chapter III of the Act governs salaries and pensions. Sec. 13A envisages that the Chief Justice of a High Court would be paid a salary of Rs.2,50,000.00 per mensem and that the salary of a Judge of a High Court would be Rs.2,25,000.00 per mensem. Sec. 14[2] provides for the payment of pension in accordance with the scale and provisions set out in Part I of the First Schedule. Sec. 15 makes a special provision for the payment of pension for judges of the High Court who have held any other pensionable post under the Union or State in accordance with the scale and provisions in Part III of the First Schedule. However, every such Judge may elect to receive the pension payable either under Part I or Part III of the Schedule.