SHIVESHWAR PRASAD STNHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was a sitting Judge of the Patna High Court when he became the Chairman of the Andhra Pradesh Administrative Tribunal at Hyderabad. He attained the age of 62 on 1-2-80 and ceased to be a Judge of the High Court but continued to be the Chairman of the said Tribunal until 30-11-81, when on grounds of health, he resigned. Under the High Court Judges (Conditions of Service) Act, 1954, as amended in 1976, the petitioner was found entitled to gratuity of Rs. 18,666.67 and after adjusting certain loans to be recovered, he was actually paid a sum of Rs. 7,302.02 as retirement gratuity, calculated on the basis of S. 17A(3)(i) of the said Act. On 14-12-78, the Government of India in the Ministry of Home Affairs laid down the terms and conditions of service of the Chairman and the members of the Andhra Pradesh Administrative Tribunal. Annexure B to the counter-affidavit filed in this Court indicates those terms so far as the Chairman is concerned. The prescription therein was to the following effect :

(2.) On retirement from the High Court, the petitioner's pension was fixed at Rs. 1067/-per month and he was to be paid, while working. as Chairman, salary on the basis of the difference between Rs. 3,500/- and the pension. The petitioner was, however, paid monthly salary at the rate of Rs. 2263/- and a sum of Rs. 170/- was withheld from the salary. The petitioner maintained that he was entitled to be paid Rs. 3,500/- and, therefore, the difference between that sum and the amount fixed as pension would be the salary to which he would be entitled. When no need was paid to his demand, he was obliged to approach this Court for a writ of mandamus or appropriate direction.

(3.) Two counter-affidavits have been filed by the Director of Audits and Accounts to justify the claim for deduction of Rs. 170/- per month on the basis of pension equivalent of gratuity.