JUSTICE VISHWANATH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) It is indeed sad and sordid that another retired Judge of this Court has to knock the door of the High Court because of the failure of the State Government to abide by the law laid down by the Supreme Court in the case of another retired Judge of this Court, namely, Shiveshwar Prasad Sinha v. Union of India and Ors., reported in (AIR) 1986 SC 240. The view of the Supreme Court and its defiance by the State has been strongly condemned as has rightly been pointed out in the case of Sunil Kumar Choudhari v. State of Bihar, 1989 PLJR 603, stating that it "verges on contempt of the Supreme Court"

(2.) The petitioner on his retirement as a Judge of the High Court, Patna, was appointed Director of the Judicial Hindi Training Institute, Patna, on a salary of Rs. 3,500 less the amount of pension, and the petitioner was made entitled to all the benefits which he enjoyed as a High Court Judge. His pension was fixed at Rs. 1,300 per month and the death-cum-retirement gratuity was fixed at Rs. 30000. Instead of deducting the pension thus fixed, namely Rs. 1,300 per month, the Accountant General fixed a sum of Rs. 273.22 per month as pension equivalent of gratuity, also to be deducted from the salary payable to the Judge. In short, a sum of Rs. 1573.22 was deducted every month from the salary fixed, i.e. Rs. 3,500 throughout the petitioner's tenure as Director of the Institute. The petitioner was paid his salary up to 30th November, 1985 by deducting from the salary the admissible pension and a sum of Rs. 273.22 as pension equivalent of gratuity.

(3.) The deduction of pension equivalent of gratuity is assailed in this writ petition by the petitioner. There is also a demand for salary for the period 1st December, 1985 to 12th December, 1985 on the ground that the petitioner actually handed over charge and demitted the office on the said date. For these twelve days, he also acted as Director actually and factually.