UNION OF INDIA Vs. SYAD SARWAR ALI

JUDGEMENT

(1.) CA 1207/92

(2.) Respondent No. 1 was appointed as a Judge on 8th April, 1970 and he retired on 8th September, 1984. During his tenure he worked as Acting Chief Justice of the Patna High Court from 3rd January, 1979 to 20th September, 1979 and again from 23rd March, 1982 to 28th November, 1983. In this way his total period spent as Acting Chief Justice was approximately 28th months and 23 days.

(3.) On his retirement respondent No. 1 became entitled to receive pension. The Accountant General, Bihar calculated the pension of the respondent at the rate of Rs. 1600/- per annum for 12 completed years of service and also for two years completed service as Acting Chief Justice but restricted the pension allowable to Rs. 22,400/- being the maximum which could be paid to a puisne Judge on his retirement. It may here be stated that at that time the ceiling on pension of Chief Justice on his retirement was Rs. 28,000/- per annum.