N D P NAMBOODRIPAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE appeals by special leave are filed against the judgment dated 10.7.1997 in Writ Appeal No. 804 of 1992 and the order dated 10.11.1997 in Review Petition No. 299/1997 passed by a Division Bench of the Kerala High Court.

(2.) THE appellant entered the Kerala Higher Judicial Service as a directly recruited District and Sessions Judge and was later elevated as a Judge of the Kerala High Court in the year 1972 He retired on 31.7.1980 with 23 years of pensionable service which included 8 years of service as a Judge of the High Court. At the time of his retirement, the appellant was in receipt of a total emolument of Rs. 4,237/- comprising Basic Pay of Rs. 3,500/-, Dearness Allowance of Rs. 437/- and Special Allowance of Rs. 300/-.

(3.) BY Circular dated 18.12.1987, the Government of India notified the Accountant Generals of all States that the ordinary pension admissible to High Court Judges under Para 2(a) of Part III of the First Schedule to the High Court Judges (Conditions of Service) Act, 1954 may be revised with effect from 1.1.1986 as in the case of the employees of the Central Government. It permitted the respective State Governments to either adopt the said O.M. or issue independent orders on similar lines, subject to the maximum stipulated in Schedule III to the Act. BY order dated 19.10.1989, the Government of Kerala directed that the pension of the Judges of the High Court, who have been promoted from the State Higher Judicial Service and falling under Part III of the First Schedule to the Act, shall be revised with effect from 1.1.1986 in accordance with the rates referred to in the O.M. dated 16.4.1987 issued by the Government of India.