M L JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) On November 20, 1984 this writ petition was heard along with Writ Petition No. 13243 of 1983 (J.P. Chaturvedi v. Union of India). Shri J. P. Chaturvedi's petition was allowed, by consent of the learned Attorney General who appeared for the Union of India. Shri M. L. Jain's petition was allowed on the same lines under the impression that the facts involved were the same. It has now been brought to our notice by the Registry that there is considerable, difference in the prayers in the two cases. We have, therefore, recalled our earlier order in Shri M. L. Jain's case and examined his case' afresh.

(2.) Shri M. L. Jain was a member of the Rajasthan Judiciary from September 31, 1945 onwards till July 1, 1975 during which period he was a District and, Sessions Judge, from November 9, 1970 to July 1, 1975. Thereafter he was elevated as a Judge of the High Court on July 1, 1975. He retired as a Judge of the High Court on July 21, 1984. Had he not been appointed a Judge of the High Court, he would have retired as District and Sessions Judge on July 31, 1977. His total period of service as a Judicial Officer, otherwise than as a Judge of the High Court was 29 years, 9 months and one day while his service as a Judge of the High Court was a period of 9 years and 21 days.

(3.) When he was appointed a Judge of the High Court he appears to have opted, for the purpose of his pension, for Part III of the Ist. Schedule to the High Court Judges' (Conditions of Service). Act, 1954. Paragraph two of Part III of the Ist Schedule is as follows:-