ACCOUNTANT GENERAL Vs. S K DUBEY & ANR

JUDGEMENT

(1.) The matter has been referred to a larger Bench on account of difference/conflicts of opinion between two learned judges of this Court while deciding Civil Appeal No.5322 of 2005.

(2.) The High Court Judges (Salaries and Conditions of Service) Act, 1954 which has been amended, particularly Sec. 14A thereof, adequately takes care of the grievance(s) of the respondent inasmuch as he will now be entitled to full pension with effect from 1 st April, 2004. Insofar as the preceding period of time is concerned, the reference order which has directed that no recovery will be made for such payments as already made would adequately protect the respondent if we are to continue with the said order. We order accordingly, namely, that there will be no recovery from the respondent.

(3.) The civil appeal shall stand closed in terms of the above.