DEOKI NANDAN AGARWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) Sri Deoki Nandan Agarwala who was a Senior Advocate, was appointed a permanent Judge of the Allahabad High Court and assumed office on 17-11-1977. He retired on 4-10-1983 on attaining the age of 62 years.

(2.) The Deputy Accountant-General (Pension) of the Office of the Accountant-General III (U.P.) Allahabad by his letter No. P. RS/I/214246/83-84/1980 Dt. 2-12-1983 (Annexure-1 to the writ petition) addressed to the Secretary to the Government, Ministry of Law and Justice, Department of Justice, North Block, New Delhi, calculated that he had put in service as a Judge of the Allahabad High Court for a period of 5 years 10 months and 17 days. The letter added that Sri Agarwala had elected to receive his pension under Paragraph 9 of Part I of the First Schedule of the High Court Judges (Conditions of Service) Act, 1954, (hereinafter to be referred to as 'the Act') as amended from time to time. The pension was calculated at Rs. 8,400-00 per annum with effect from 4-10-1983. It was further calculated that the family pension in the event of his death earlier than his wife, would be Rs. 250-00 pee month subject to the usual conditions.

(3.) In this writ petition, Sri Agarwala contends that he should have been granted a pension of Rs. 9,600-00 per annum at the rate of Rs. 1,600-00 for every year of completed service and in calculating the figure of Rs. 9,600-00, he claims that he is entitled to the benefit of S.16 of the Act under which it is provided that the President of India may for special reasons add any period not exceeding three months to the service for pension of a Judge.