UNION OF INDIA V•
BIDHUBHUSHAN. MALIK AND OTHERS
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Aprf/·~4,1984
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(0. CHINNAPPA REDDY;.A.P, SEN AND E.S. VENKATARAMiAH, JJ.J High Court Judges (Condition• of Service) Act, 1954 (as ame,,ded)First Schedule-Para JO-Validity of, c
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Affirming the decision of tho High Court and dismissing t.he special leave petition,
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• HELD : (I) The words "and who has retired on or after the Jsl day' ~ of October, 1984" appearing in para 10 of the First Schedule to the High Court Judges (Conditions of Service) Act, 1954 (as amended) are unconsti· mtional and are struck down. [SSO A] •
· ' (2) The Judges (including the Chief Justices) of the High Courts are entitled lo pensfon as comput~ under the Act (as amended) irrespective of their date of. retirement. Bot they will not be entitled to ·ar~ars of pension for the period preceding October I, 1984, the date which continues to be releVant as. being one from which the libc~alised pension bCCame operative.
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Decision of Al/a/rabadHigh C~urt In W.P. No. 3281 of 1979 (Judgment delivered on March 2, 1983) upheld.· · ·· ·
CIVIL AP)'ELLATB Ju1t1~DicrioN : Special Leave Petition (Civil) '.No. 9616 of 1983.
From the Judgment and Order dated 2nd March, 1983 of the
Allahabaa High Court in Writ' Petition No. 3281 of 1979.
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K. Parasaran,. Attorney General, R.D.4 garwala and R.N. Poddar for the Petitioner .
. The Order of the <;;ourt was delivered by . CH!NNAPPA REDDY, J. The Allahabad High Court has held:
'".:.... The High Court Judges (Conditions of Service) Act, .. 195·4, (as amended) ~hal1°be read down as under, in para 10 of the
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UNION v. B!DHUBHUSHAN (Chinnappa Reddy, i.) ·
.551
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.First Schedule, the wordi "and win has retired on or after the !st' day of.October, 1974" are unconstitutional and are stru9k down. · Omittin_g; the unconstitutional part it is declared that the Judges (including the. Chief Justices) of the High Court are entitled. to · pension as computed wider the High Court Judges (Condions of Service) Act, 1954, (as amended) irrespective of the date of retire· JJ ment., The date October I, 1974, continues. to be relevant as being One from which the liberalised pension beeame operative underthe High Court Judges (Conditions of Service) (Amendment) Act, 1976, irrespective of the date of retirement and hence there is no question .of payment of a1rears of pension for tli.e period preceding October 1., 1974 ......... " c • · For the reasons mentioned by the learned Judge's of the , Allahabad High .Court in their Judgment, we agree with their ' · conclusion and dismiss the special kave petition . • · B:.S.K Petition dismissM .
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