CHINNAPPA REDDY O Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) A short but an interesting question of law arises for consideration in this writ petition. The petitioner herein is a former Judge of the Supreme Court of India. He was elevated as a Judge of this Court in August 1967 and was elevated to the Supreme Court of India in July 1978 after having functioned as a Judge and Acting Chief Justice of the Punjab and Haryana High Court for a brief period. The petitioner retired as a Judge of the Supreme Court on 24-9-1987.

(2.) Upon superannuation, his pension was fixed at Rs. 54,000.00 (rupees fifty four thousand only) per annum and family pension @ 25% thereof i.e., Rs. 13,500.00 (rupees thirteen thousand five hundred only) per annum. Calculation of the quantum of pension was made in terms of the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1986, (hereinafter referred to for the sake of brevity as 'the Act'). Admittedly, the aforementioned Act was amended by Act I of 1999 with effect from 1-1-1996. Pursuant thereto and in furtherance thereof the petitioner became entitled to a pension of a sum of Rs. 1,80,000.00 (rupees one lakh and eighty thousand only) per annum. Section 16-A(b) of the Act was also amended by Act No. VII of 1999 in terms whereof, in place of 25% the family pension became payable 30% of the annual pension payable to a pensioner. By reason of the aforementioned amendment the family pension payable to the petitioner came to be equated with Rs. 3,403.00 (rupees three thousand four hundred and three only) per month.

(3.) The contention of the petitioner is that a Cabinet Secretary, who might be receiving a sum of Rs. 30,000.00 (rupees thirty thousand only) by way of a salary at the fag end of his career, would be entitled to family pension @ 30% of his pay last drawn.