D S TEWATIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is placed before me by the orders of Hon'ble the Chief Justice in view of the difference of opinion between the two Hon'ble Judges of this court in respect of the issue which is involved in the present petition. The issue that arises for consideration is as to whether a Chief Justice, who has not even put in one year of completed service as Chief Justice is entitled to be paid pension of a Chief Justice at Rs.54,000.00 per annum.

(2.) The petitioner herein was appointed on 6th February, 1970 as an Additional Judge of the High Court of Punjab & Haryana at Chandigarh. On 8th April, 1972 the petitioner was made a permanent Judge of the same High Court. However, the petitioner was subsequently transferred as a Judge of Karnataka High Court and on such transfer he assumed charge and duties as a Judge of the Karnataka High Court , on 27th June, 1976. Subsequently, however, the petitioner was again transferred back and he assumed the duties as of a Judge of the Punjab & Haryana High Court on 28th July, 1977. The petitioner was thereafter appointed as Chief Justice of the Punjab & Haryana High Court at Chandigarh and he assumed office of the said post on 15th October, 1987. Therefore, the petitioner worked as a High Court Judge w.e.f. 6th February , 1970 to 14th October, 1987 and thereafter the petitioner became a Chief Justice and assumed office thereof on 15th October, 1987. Immediately thereafter, the petitioner was again transferred as the Chief Justice of the Calcutta High Court and he assumed charge of the said office on 2nd November, 1987 and continued in the said office till 2nd May, 1988 when the petitioner relinquished his office after securing premature retirement. Thus, on the date of his premature retirement, the petitioner had to his credit a total of 18 years 2 months and 6 days service inclusive of 6 months and 17 days service as a Chief Justice.

(3.) A pension of Rs.48,000.00 per annum was sanctioned by the respondent to the petitioner on 2nd August, 1988. The petitioner, however, was aggrieved by the aforesaid decision and filed the present writ petition contending, inter alia, that the decision of the respondent to pay to the petitioner a pension of Rs.48,000.00 per annum is arbitrary and is not in consonance with the provisions of Part I of the First Schedule of the High Court Judges (Conditions of Service) Act, 1954 , hereinafter referred to as ' the Act'. According to the petitioner he is entitled to receive pension at Rs.54,000.00 per annum, which is the pension payable to a retired Chief Justice as prescribed in Para 2 of the First Schedule of the Act.