N L ABHYANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner claims that a writ in the nature of mandamus should be issued directing the respondents to compute and determine the Death-Cum-Retirement-Gratuity (for short" D. C. R. G. ") payable to the petitioner as per the relevant rules applicable to him in that regard at the time of his retirement on 30-11-1969 and commands that the respondents should be directed to pay the said amount of D. C. R. G. forthwith with interest at the rate of 12% p. a. from the date of his retirement till realisation.

(2.) THE facts are that the petitioner was appointed as a Judge of this Court on 6-10-1960 and was confirmed as a puisne Judge on 6-10-1962. He retired as a Judge of this Court on 30-11-1969 after attaining the age of 62 years. The grievance of the petitioner is that he is not paid D. C. R. G. up-till-now although he is entitled to the same as per the relevant rules in that regard.

(3.) THE conditions of service of the Judges of the High Court are regulated by the High Court Judges (Conditions of Service) Act, 1954 (for short "the Act" ). In exercise of the powers conferred upon it under Section 24 of the Act, the Central Government has framed rules as per its notification dated 24-1-1956 to carry out the purposes of the Act known as the High Court Judges Rules, 1956 (for short "the 1956 Rules" ). Rule 2 of the said 1956 Rules as it existed at the time of retirement of the petitioner is reproduced below :