STATE OF RAJASTHAN Vs. HIGH COURT OF RAJASTHAN

JUDGEMENT

(1.) This D.B. Special Appeal has been filed by the State of Rajasthan aggrieved firstly of the order dated 7.11.2006 passed by learned Single Judge, inter alia directing that a sum of Rs. 10 lacs be paid to the family of late Hon'ble Mr. Justice R.P. Vyas as interim compensation within a period of 30 days through his wife and secondly, also aggrieved by the order dated 11.7.2007, whereby an application filed by the State for suspending the operation of the interim order dated 11.1.2007 came to be dismissed. The grounds of the appeal are that the learned Single Judge had no jurisdiction for taking suo motu cognizance of the unfortunate said demise of the sitting Judge Hon'ble Mr. Justice R.P. Vyas on or about on 7.11.2006 and thereupon issuing a direction for payment of interim compensation to the family of the deceased. It has been also submitted that alternatively, in any event of the matter, while the issue with regard to payment of compensation in the event of untimely death was under consideration of the Hon'ble Court, interim relief so granted could tantamount to final relief.

(2.) It has been further submitted that the learned Single Judge failed to consider that the matter relating to grant of retrial benefits and/or death-cum-gratuity benefits and other rights of the Judges of the Hon'ble High Curt is fully covered by the provisions of Constitution of India as well as the terms and conditions of the High Court Judges (Salaries and Conditions of Service) Act, 1954, read with the High Court Judges Rules, 1956. It was submitted that the State had no liability/obligation of any kind until such burden has been imposed by operating law.

(3.) Vide order dated 3.4.2007, the Hon'ble Division Bench of this Court directed that the order dated 7.11.2006, whereby directions for grant of interim compensation to the family of late Hon'ble Mr. Justice R.P. Vyas were given, shall remain in abeyance and the matter was directed to be tagged with D.B. Civil Writ Petition No. 8727/2006, wherein issues with regard to the benefits to retired Judges of this Hon'ble Court were under consideration.