K. SREEDHAR RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition filed under Article 32 of the Constitution of India, the petitioner, who retired as Acting Chief Justice of the Gauhati High Court, has prayed for an appropriate writ, direction or order and declaration that the petitioner is entitled to pensionary benefits, applicable to a retired Chief Justice of a High Court.

(2.) That the petitioner joined services as a member of the Karnataka Judicial Service in the year 1988. He was elevated to the High Court of Karnataka in the year 2000. Thereafter, he was transferred to the Gauhati High Court as a puisne Judge. That on 13.08.2014, in exercise of powers under Article 223 of the Constitution of India, the petitioner was appointed as the Acting Chief Justice of the Gauhati High Court. He served in that capacity for 14 months and retired as Acting Chief Justice on 20.10.2015. While serving as Acting Chief Justice, the petitioner was paid his salaries and allowances admissible to a Chief Justice, as contemplated in the Second Schedule, Part-D, paragraphs 10 and 11 of the Constitution of India and under the High Court Judges (Salaries and Conditions of Service) Act, 1954 (hereinafter referred to as the '1954 Act').

(3.) Shri Kailash Vasdev, learned Senior Advocate appearing on behalf of the petitioner has vehemently submitted that as per para 10 of Part D of the Second Schedule of the Constitution of India, there shall be paid to the Judges of the High Courts, in respect of time spent on actual service, salary at the rates mentioned therein. It is submitted that as per para 11 of Part D of the Second Schedule of the Constitution of India, the expression "Chief Justice" includes an Acting Chief Justice. It is submitted that therefore Part D of the Second Schedule of the Constitution of India, in the matter of pay and perks, equates the Acting Chief Justice with the Chief Justice.