PRITPAL SINGH, RETIRED JUDGE (SINCE DECEASED) THROUGH HIS LEGAL REPRESENTATIVES Vs. UNION OF INDIA (UOI) AND ANR.

JUDGEMENT

(1.) THE petitioner is a former Judge of this Court, now represented by his wife andhter. The challenge in the present writ petition is to declare the proviso to Para 2 (b) of Part III of the First Schedule of the High Court Judges (Conditions of Service Act), 1954 (hereinafter to be referred as "the Act") which fixes the maximum limit of pension of a retired Judge of a High Court, as ultra vires Articles 14 and 16 of the Constitution of India being arbitrary and discriminatory.

(2.) THE petitioner joined Punjab Civil Services (Judicial) on 25.4.1951. He was promoted as Additional District Judge on 12.11.1969 and elevated as a Judge of this Court on 2.2.1983. The petitioner attained the age of superannuation on 15.10.1987.

(3.) SECTION 15 of the Act deals with pension payable to a Judge who is not a member of the Indian Civil Service but has held any other pensionable post under the Union or a State. Such pension is payable in accordance with the scale and provisions of Part III of the First Schedule. Part III of the Schedule, as it existed on the date of retirement of the petitioner, reads as under: