UNION OF INDIA Vs. M C DESAI

JUDGEMENT

(1.) Having regard to the office report dated 12/9/1995 the application for substitution of legal representatives of Respondents 1 and 8 is dismissed for non- prosecution. As regards Respondent 10 we find that she was not impleaded as a party when the special leave petition was filed in 1988 and an application was submitted for impleading her as a party on 27/4/1995 and before that date Respondent 10 had died. An application has been filed to bring on record her legal representatives. No steps have been taken for service of the substitution application on the legal representatives. The said applications for impleadment of Respondent 10 as well as substitution are also dismissed for non-prosecution. As regards Respondent 2, Mr S. K. Verma, we Find that in the impugned judgment of the High court it is mentioned that Mr S. K. Verma expired on 9/5/19888 leaving Smt Nirmala Verma as his legal representative and that theapplication for substitution of Smt Nirmala Verma as the legal representative of Mr S. K. Verma was allowed by the High court on 12/5/1988. Smt Nirmala Verma, however, has not been impleaded as a party in the appeal and Mr S. K. Verma, (who was dead) was impleaded as Respondent 2. The appeal filed against Mr S. K. Verma, Respondent 2 is, therefore, not maintainable. The appeal against Respondents 1 and 8 will stand dismissed as having abated and as regards Respondent 2 it is treated as not maintainable. It survives against Respondents 3 to 7 and 9.

(2.) We have heard the learned Additional Solicitor General for the appellants and the learned counsel for the respondents on the appeal.

(3.) The appeal relates to the payment of Death-cum-Retirement Gratuity (DCRG) to Judges of the High court who retired prior to 1/10/1974. By the impugned judgment the High court has held that DCRG is payable to such Judges in view of Rule 2 of the High court Judges (Conditions of Service) Rules, 1956 (hereinafter referred to as 'the Rules') since the members of the Indian Administrative Service are entitled to the said benefit under the All India Services (Death-cum-Retirement Benefits) Rules, 1958.