V.S. MALLIMATH versus UNION OF INDIA AND ANR.

V.S. MALLIMATH versus UNION OF INDIA AND ANR.

The pension received as a retired Chief Justice is rightly deducted from salary as Member, NHRC under Rule 3(b) since service as Chief Justice is service in connection with the affairs of the Union. Such appointment is 're-employment', so no gratuity is payable for the period served as Member, NHRC. Leave encashment cannot exceed 240 days in total, and since the petitioner had already encashed 240 days as Chief Justice, he was not entitled to further encashment as Member, NHRC.

Parties
Petitioner: V.S. Mallimath; Respondent: Union of India; Respondent's Advocate: Ms. Sushma Suri
Jurisdiction
India
Judgment Date
21 March 2001
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petition dismissed
Legal Topics
Pension – Deductibility, Gratuity on Re Employment, Leave Encashment – Ceiling, Interpretation of 'government', Interpretation of 'previous Service'
Service Law Pension – Deductibility Gratuity on Re Employment Leave Encashment – Ceiling Interpretation of 'government' Interpretation of 'previous Service'

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Parties

V.S. Mallimath

Petitioner

Union of India

Respondent

Ms. Sushma Suri

Respondent's Advocate

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether pension received as retired Chief Justice can be deducted from salary as Member, NHRC under proviso to Rule 3(b) of the NHRC Rules, 1993
  2. 2 Whether a retired Chief Justice appointed as Member, NHRC is entitled to gratuity for such period under All India Services (Death-cum-Retirement Benefit) Rules, 1958
  3. 3 Whether leave encashment as Member, NHRC is permissible if 240 days encashment already availed as Chief Justice

Ratio Decidendi

The pension received as a retired Chief Justice is rightly deducted from salary as Member, NHRC under Rule 3(b) since service as Chief Justice is service in connection with the affairs of the Union. Such appointment is 're-employment', so no gratuity is payable for the period served as Member, NHRC. Leave encashment cannot exceed 240 days in total, and since the petitioner had already encashed 240 days as Chief Justice, he was not entitled to further encashment as Member, NHRC.

Court Disposition

Petition dismissed

Orders

  • It is held that deduction of pension as retired Chief Justice from the salary as Member, NHRC is valid.
  • No gratuity is payable for period as Member, NHRC.