P. RAMAKRISHNAM RAJU versus UNION OF INDIA & ORS.

P. RAMAKRISHNAM RAJU versus UNION OF INDIA & ORS.

The exclusion of years practiced at the Bar for pension calculation for High Court Judges elevated directly from the Bar is arbitrary and discriminatory, violating Articles 14 and 21 of the Constitution. Ten years' practice as an advocate shall be added as qualifying service for pensionary benefits for Judges elevated from the Bar. Reliefs to be reckoned from 01.04.2004, and requisite amendments are to be carried out in the High Court Judges Rules, 1956.

Parties
Petitioner: P. Ramakrishnam Raju; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
31 March 2014
Procedural Posture
Writ Petition (civil) No. 521 of 2002 With Connected Matters Including C.a. Nos. 4248 4249 of 2014 / Final Decision (judgment)
Outcome
Petitions and appeals disposed of; Petitioners' claim accepted.
Legal Topics
Pension of High Court Judges Elevated From Bar, Equality and Non Discrimination Under Articles 14 and 21, Post Retiral Benefits for Retired Judges, Constitutional Office: One Rank One Pension
Constitutional Law Service Law Pensions Judicial Service Pension of High Court Judges Elevated From Bar Equality and Non Discrimination Under Articles 14 and 21 Post Retiral Benefits for Retired Judges Constitutional Office: One Rank One Pension

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Parties

P. Ramakrishnam Raju

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 521 of 2002 With Connected Matters Including C.a. Nos. 4248 4249 of 2014 / Final Decision (judgment)

Legal Issues

  1. 1 Whether the exclusion of years practiced at the Bar for pension calculation for High Court Judges elevated directly from the Bar violates Articles 14 and 21 of the Constitution
  2. 2 Whether the scheme for post-retiral benefits is discriminatory and arbitrary against Judges elevated from the Bar

Ratio Decidendi

The exclusion of years practiced at the Bar for pension calculation for High Court Judges elevated directly from the Bar is arbitrary and discriminatory, violating Articles 14 and 21 of the Constitution. Ten years' practice as an advocate shall be added as qualifying service for pensionary benefits for Judges elevated from the Bar. Reliefs to be reckoned from 01.04.2004, and requisite amendments are to be carried out in the High Court Judges Rules, 1956.

Court Disposition

Petitions and appeals disposed of; Petitioners' claim accepted.

Orders

  • Ten years practice as an Advocate to be added as qualifying service for pension calculation for High Court Judges elevated from the Bar.
  • Reliefs to be reckoned from 01.04.2004.