LAXMI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition was originally filed by Smt. Laxmi Devi widow of late Sri Bishambhar Dayal, retired Chief Justice of Madhya Pradesh High Court who died on 24-1-1988 leaving behind her son Sri Bhupeshwar Dayal, as her heir and legal representative and after her death the name of Mr. Bhupeshwar Dayal has been substituted in place of Smt. Laxmi Devi wife of late Sri Bishambhar Dayal, as petitioner in this case by order dated 24-3-1988.

(2.) Facts giving rise to this petition briefly stated are that Sri Bishambhar Dayal, was appointed as a Judge of the Allahabad High Court on 6th May 1957 and was appointed Chief Justice of the Madhya Pradesh High Court on 19th Mar. 1969. After working as Chief Justice for more than three years he retired on 14th Sept., 1972.

(3.) In the year 1977 he was appointed as Lok Ayukt of Uttar Pradesh for a period of five years. He completed his five years tenure as Lok Ayukt in Sept, 1982 and it was on 19th Feb., 1987 that he left for heavenly abode. The pension of late Sri Bishambhar Dayal was fixed, according to Maximum pension admissible under the High Court Judges (Conditions of Service) Act, 1954, as amended by Act No. 35 of 1976 w.e.f. 1st Oct., 1974. After the relevant deductions on the basis that he completed 12 years service as a Judge of the High Court and 8 years as Chief Justice (three years as Chief Justice of Madhya Pradesh High Court and five years as Lok Ayukt) under the said scheme the pension of late Justice Bishambhar Dayal was fitted at Rs. 28,000/- per annum which he received till the date of his death. The High Court Judges (Conditions of Service) Act, 1954 was further amended by Act No. 38 of 1986 passed by the Parliament. It also Amended inter alia, the provisions with regard to the pension and family pension of the High Court Judges. The amendment came into force from 1st Nov., 1986. Section 6 of Act No. 38 of 1986 amended the 1st Schedule to the High Court Judges (Conditions of Service) Act, 1954 and inserted after para. 10 para '11' which reads as follows :