PRASANA KUMAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, a former Judge of this Court, has filed this writ application for a direction to the opposite parties to sanction death-civm-retirement gratuity of Rs. 3,50,000/-instead of Rs. 2,50,000/- and pay differential amount of Rupees one lakh and also for extension of medical facilities to him and his family members.

(2.) The petitioner joined in Judicial Service (Class-II) and served in different capacities from August, 1968 to March, 1981- He was promoted to the post of Subordinate Judge (OJS Class-I) and served as such in different capacities from March, 1981 to November, 1985. He was then promoted to the post of Chief Judicial Magistrate (Orissa Superior Judicial Service, Junior Branch) on 4.11.1985 and served as such till March, 1987. Thereafter, he was promoted to the post of District Judge (Orissa Superior Judicial Service, Senior Branch) and served in different capacities from March, 1987 to June, 1999. The petitioner was elevated to the Bench as Additional Judge of this Court and took oath as such on 17.6.1999. Thereafter the petitioner was appointed as Judge of this Court in June, 2000 and took oath as a Judge of this Court on 7.7.2000. After serving for about two years and eight months the petitioner retired as Judge of this Court on superannuation on 21.2.2002. As is evident from the above, the petitioner had rendered qualifying service in the Orissa State Judicial service for about 28 years and was granted service benefits for a period of one year and six months by the Government of Orissa in relaxation of Rule 32 of the Orissa Civil Services (Pension) Rules, 1992 vide memo dated 17.7.2000. The petitioner having served as a Judge of this Court for about two years and eight months he had total qualifying service of 33 years to his credit and as such was entitled to full pension. Grievance of the petitioner is that his service conditions as a Judge of this Court are covered under High Court Judges (Salaries and Conditions of Service) Act, 1954 and Part-Ill of the First Schedule of the said Act is applicable to the petitioner being a Judge elevated from Judicial service. Case of the petitioner is that the Government of India in the Ministry of Personnel, Public Grievance and Pension revised the Retirement Gratuity/Death Gratuity provisions in respect of Central Government Employees, fixing the maximum limit of Rs. 3.5 lakhs by raising the same from Rs. 2.5 lakhs in October, 1997. A copy of this office memorandum to the above effect is annexed to this writ application as Annexure-1. The said Department also vide letter dated 18.2.1998 issued instructions for grant of revised pension and computation of death-cum-retirement gratuity of Part-Ill and Part-1 Judges with effect from 1.1.1996. However, in para-3 of the said letter (Annexure-2) it was mentioned that if the concerned State Government has not adopted the provisions as contained in the Office Memo vide Annexure-1 or have not issued any independent orders for revising the pensionary benefits to the employees of the State including the members of the State Higher Judicial service then the pensionary benefits to the Judges belonging to Part-Ill of that State will not be revised. Further case of the petitioner is that in the case of M.L. Jain and Anr. v. Union of India reported in the Apex Court directed the State Government to adopt the revised pension allowed to the Central Government Pensioners in respect of its employees including the members of the State Higher Judicial Service so that revised pension may also be granted to the service Judges under Part-Ill of the First Schedule of the Act. Pursuant to the aforesaid decision of the Apex Court the Central Government vide letter dated 2.4.1998 directed the State Government to revise the pension admissible to the Service Judges under Part-Ill of First Schedule of the Act, with effect from 1.1.1996 as has been done in the case of the employees of the Central Government. In spite of the direction of the Central Government which was based on the decision of the Apex Court, the Government of Orissa did not revise the death-cum-retirement gratuity of a retired Service Judge in terms of the circular dated 27.10.1997 under which Class-1 officers of the Central Government are entitled to enhanced death-cum-retirement gratuity of Rs.3.5 lakhs instead of Rs.2.5 lakhs. On the basis of above a prayer has been made for a direction to the State Government authorities to enhance death-cum-retirement gratuity of retired Service Judge from Rs.2.5 lakhs to Rs.3.5 lakhs.

(3.) So far as prayer for medical facilities are concerned, at the time of hearing of the writ application it was contended by the learned Counsel for both parties that earlier this Court has already allowed a writ application filed by some of the retired Judges of this Court and payer for extension of medical facilities to a retired Judge and his family members had been allowed in the said writ application. It is, therefore, not necessary to decide the second prayer made by the petitioner since the matter has already been decided by this Court.