MILAP CHANDRA JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this appeal, a challenge has been made to judgment dated 17.9.2002 whereby writ petition of Appellant was dismissed.

(2.) Respondent herein preferred a writ petition to seek determination of pension as per Rule 9(3)(VII) of the Rajasthan Taxation Tribunal Rules, 1995 (hereinafter referred to as 'the Rules of 1995').

(3.) The Appellant was initially recruited in Rajasthan Judicial Services, promoted to Rajasthan Higher Judicial Services followed by elevation as a Judge of the Rajasthan High Court. On retirement, Appellant was nominated/appointed as Chairman, Rajasthan Taxation Tribunal. A claim of difference amount of Rs. 24,000/- per year is made on the ground that maximum pension payable to the Chief Justice is Rs. 1,80,000/- per year as per provisions of Part III of the First Schedule of the High Court Judges (Condition of Service) Act, 1954 whereas Appellant is paid Rs. 1,56,000/- per annum.