M C DESAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Art.226 of the Constitution of India has been filed by the petitioners for issue of writ in the nature of (i) mandamus directing the respondents to compute and determine the death-cum-retirement gratuity payable to an officer of the rack of Secretary to the U.P. State Government of the Indian Administrative Service at the time of retirement of the petitioners; (ii) certiorari quashing Para III of the impugned letter No. 24/43/83/- Jus. dated October 19, 1984, issued by the Government of India Ministry Of Law and Justice, Department of Justice, (annexure-'2' to the writ petition); (iii) mandamus directing the respondents to pay ad hoc relief to the petitioners and restraining them from asking the petitioners to refund the paid to them; and (iv) mandamus directing the respondents to pay petitioners 8 and 9 the difference of pension at the rate of Rs. 100/- per mensem.

(2.) The facts giving to the instant writ petitions, which are relevant for the purpose of determining the controversy, involved, briefly are that petitioners 1 and 2 retired as Chief Justices of the Allahabad High Court and Petitioners 3 to 9 as puisne Judges of the Allahabad High Court prior to, October 1, 1974. Subsequently, an impleadment application was filed by Anar Devi widow of late Sri M.L. Chaturvedi, who retired as Puisne Judge of the Allahabad High Court in July 1959. The said application was allowed and she has also been impleaded as petitioner 10 in the petition.

(3.) A counter-affidavit has been filed on behalf of respondent 1 by Babu Lal, Under Secretary, Department of Justice, Ministry of Law and Justice, Government of India. Another counter-affidavit has been filed on behalf of respondent 2 by Vikram Chandra, Senior Deputy Accountant General (Pension), Office of A.G., U.P., Allahabad. Two rejoinder affidavits have been filed on behalf of the petitioners by petitioner 6 Mr. Gyanendra Kumar to the aforesaid counter-affidavits.