K PARUKUTTY AMMA Vs. UNION OF INDIA EP

JUDGEMENT

(1.) K. Parukutty Amma, the petitioner herein, is the widow of late Justice M. Madhavan Nair who was elevated as Judge of this Court on 22.6.1960 and on attaining the age of superannuation retired on 1.11.1970. In the present writ filed by her under Article 226 of the Constitution of India, she sought the following reliefs:

(2.) It is the case of the petitioner that a Division Bench of the Allahabad High Court in Laxmi Devi v. Union of India AIR 1989 A11.90 held that the provisions contained in the Amendment Act, 1986 restricting the application of the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 1986 to the Judges who have retired on or after its commencement are discriminatory and liable to be struck down. The basic pension of the petitioner's husband was revised and refixed at Rs. 9,291/- per month on 1.1.1996. The Government India vide Ext. P3, O.M. No. 45/10/98-P&PW(A) dated 17.12.1998, clarified that the pension of all pensioners irrespective of their date of retirement will not be less than 50% of the minimum pay in the revised scale of pay introduced* with effect from 1.1.1996 of the post last held by the pensioner. Similarly, with effect from 1.1.1996 family pension shall not be less than 30% of the minimum pay in the revised scale introduced with effect from 1.1.1996 of the post last held by the pensioner/deceased Government servant. The husband of the petitioner died on 21.12.2001. The first respondent vide Exhibit P1 letter dated 13.6.2002, conveyed the sanction of the President for payment of family pension to the petitioner at the rate of Rs. 1,302/- per month with effect from 22.12.2001. Based on Exhibit P1, the 3rd respondent vide Exhibit P2 letter dated 17.7.2002 informed the 2nd respondent regarding authorisation of family pension to the petitioner at the rate of Rs. 1,302/- per month with effect from 1.1.2002. Vide Exhibit P5 letter dated 8.12.2003 of the 1st respondent, family pension at the rate of Rs. 7,800/- per month was sanctioned in the case of Justice R.C. Deo Sharma, former Judge of the Allahabad High Court, who retired from service before 1.11.1986. So, the petitioner claimed family pension at the rate of Rs. 7,800/- per month vide Exhibit P4 representation before the 1st respondent, through registered post. It is when no tangible results were forthcoming on the said representation, the present writ for the reliefs indicated above was filed.

(3.) It is pertinent to mention that Shyamala Nair, wife of late Justice G. Balagangadharan Nair and Leela Chandrasekhara Menon, wife of late Justice T. Chandrasekhara Menon made an impleading application, which was allowed. They are similarly situate as the writ petitioner Smt. K. Parukutty Amma.