SUMITRA DHULIA Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) The moot point for consideration in the present writ petition is whether a widow of a High Court Judge who died prior to the commencement of the High Court and Supreme Court Judges (Conditions of Service) Act, 1986 is entitled to family pension according to the provisions made in the High Court Judges (Conditions of Service) Act, 1954 as amended in the year 1986 or according to the Central Services (Pension) Rules, applicable to the officers of Central Services Group 'A'. This controversy has come up in the wake of the following facts.

(2.) Late Sri Keshav Chandra Dhulia, whose date of birth was 13.11.1929, was elevated to the Bench of this Court on 24th May, 1984. Unfortunately, he died on 16.1.1985 on which date, he had hardly completed eight months as a Judge of this Court. In the normal course, he would have continued as a High Court Judge till 13.11.1991 on which date he was to attain the age of 62 years. A family pension of Rs. 250/- per month, w.e.f. 17.1.1985 was granted to Smt. Sumitra Dhulia, widow of late Justice Dhulia vide letter No. 2/1/86 dated 30.1.1986 issued by Ministry of Law and Justice, Department of Justice, Government of India ( a copy of which is contained in Annexure CA-2 to the counter affidavit).

(3.) By means of this writ petition, Smt. Dhulia has prayed that a direction be issued to the respondents to fix her family pension at the rate of Rs. 7850/- per annum till 16.1.1992 and thereafter at the rate of Rs. 3937.50 per annum with interest at the rate of 12% on the amount of arrears. The stand taken in the writ petition is that the Act of 1954 has been drastically amended by the Amendment Act of 1986 and consequently in view of the amended provisions, the amount of pension has been increased in respect of the Judges, who retired or died on or after 1.11.1986 and since this cut off date prescribed in the Amendment Act of 1986 has been held to be arbitrary by a Division Bench of this Court in the case of Deoki Nandan Agarwal v. Union of India, A.I.R. 1988 Allahabad 271, the benefits under the Act are equally applicable to those Judges also who retired or died prior to 1.11.1986.