N.L. ABHYANKAR AND OTHERS ETC. versus UNION OF INDIA

N.L. ABHYANKAR AND OTHERS ETC. versus UNION OF INDIA

Judges of the High Court and Supreme Court are entitled to pensionary benefits under the amended Act of 1976 irrespective of the dates of their retirement, effective from 1.10.1974.

Parties
Petitioner: N.L. Abhyankar and others; Respondent: Union of India
Jurisdiction
India
Judgment Date
24 April 1984
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Petition allowed
Legal Topics
Judicial Pensions, Retirement Benefits, High Court Judges' Conditions of Service, Supreme Court Judges' Conditions of Service
Constitutional Law Service Law Judicial Pensions Retirement Benefits High Court Judges' Conditions of Service Supreme Court Judges' Conditions of Service

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Parties

N.L. Abhyankar and others

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether retired Judges of the High Court and Supreme Court are entitled to enhanced pensionary benefits under the amended Acts irrespective of their dates of retirement

Ratio Decidendi

Judges of the High Court and Supreme Court are entitled to pensionary benefits under the amended Act of 1976 irrespective of the dates of their retirement, effective from 1.10.1974.

Court Disposition

Petition allowed

Orders

  • Arrears of pension calculated under new Act to be paid within four months.
  • Amounts due to legal heirs of Judges who died after 1.10.1974 to be paid within four months.