SYED SATWAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Will the ceiling on pension that of a puisne Judge or that of a Chief Justice be attracted to a Judge of a High Court who have served as an Acting Chief Justice for two completed years of service, is the bottom-line question in this writ petition.

(2.) This writ petition has come on reference to me because of divergent opinions expressed by a Division Bench of this Court. Facts :

(3.) The petitioner retired as a puisne Judge of the Patna High Court on 8/9/1984 after fourteen years of service. The Accountant-General, Bihar, Patna, Calculated his pension at the rate of Rs. 1600.00 per annum for twelve completed years of service as a High Court Judge and at the rate of Rs. 2,400.00 per annum for two completed years of service as an Acting Chief Justice of a High Court : <FRM>JUDGEMENT_543_BLJ2_1990Html1.htm</FRM> But allowed him maximum pension of Rs. 22,400.00 per annum by applying the ceiling on pension applicable to a puisne Judge. The ceiling on pension of a Chief Justice at that time was Rs. 28,000.00, which was claimed by the petitioner.