M.L. JAIN & ANR. versus UNION OF INDIA

M.L. JAIN & ANR. versus UNION OF INDIA

Paragraph 2(ii) of the government letter dated September 19, 1984 is inconsistent with Para 2(a) of Schedule I to the High Court Judges (Conditions of Service) Act, 1954. Pension calculation must use last pay drawn as Judge of High Court for entire qualifying service including judicial service, subject to statutory ceilings.

Parties
Petitioner: M.L. Jain; Petitioner: S.K. Jain; Petitioner: D.K. Garg; Respondent: Union of India
Jurisdiction
India
Judgment Date
08 April 1985
Procedural Posture
Writ Petition / Original Jurisdiction
Outcome
Petition Allowed
Legal Topics
Pension Calculation for High Court Judges, Ceiling Limits on Pension, Interpretation of High Court Judges (conditions of Service) Act 1954
Service Law Pension Law Judiciary Conditions of Service Pension Calculation for High Court Judges Ceiling Limits on Pension Interpretation of High Court Judges (conditions of Service) Act 1954

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

M.L. Jain

Petitioner

S.K. Jain

Petitioner

D.K. Garg

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction

Legal Issues

  1. 1 How should pension for a Judicial Officer appointed as a High Court Judge be calculated under Part III, Para 2(a) of the First Schedule to the High Court Judges (Conditions of Service) Act, 1954?
  2. 2 Does government communication dated September 19, 1984 conform to the Act's provisions regarding pension calculation?
  3. 3 Whether the ceiling prescribed under Rajasthan Rules and clause (b) of para 2 of Schedule I to the Act is applicable?

Ratio Decidendi

Paragraph 2(ii) of the government letter dated September 19, 1984 is inconsistent with Para 2(a) of Schedule I to the High Court Judges (Conditions of Service) Act, 1954. Pension calculation must use last pay drawn as Judge of High Court for entire qualifying service including judicial service, subject to statutory ceilings.

Court Disposition

Petition Allowed

Orders

  • Letter dated August 30, 1984 from Government of India to Chief Secretary, Delhi Administration quashed.
  • Petitioner's pension refixed at Rs.21,500 per annum.