552. - . sO wn a ‘ : ° » " ‘ . AT N.L. ABHYANKAR AND OTHERS ETC. . -* ee UNION’ OF INDIA:- | . CO eee "April 24, 1984 nes Bos) [0. Crawnarra: REDDY, A. P. ‘SEN AnD ES. pote y Tes : aie + VENKATARAMIAI, I) og A . ~. ce “High Court judge’ (Coaditions ‘of Service) Act 1954, S. Is, Ficst Schedule, Part 1 para-10 & The | High. Court Judges. (Cor ditions of, Service) a © Amendment Act. 1976.- ae . , L! a © oo Supreme Court Jadges ‘(Conditions of Service) Act 1958, S. 14 & The a "Supreme Conrt Indges (Conditions of Service) Amendment Act 1976. le —— ~ Retired Judge. —High Court & Supreme Court enhanced pensionary benefits: : aa Tk entitlement to~~ Irrespective of date oS. retirement, oe De
-* The Judges of the’ High Court ‘and ‘of the Supreme. “Court will be.
entitled to the pensionary benefits under the amended Act of 1976 irres~
“ pective of the dates of their - -retirement. - They will be. so ‘entitled with effect
‘from 1.10.1974. Arrears of pension calculated under the . provisions of the ce a sew Act will be paid to those to whom it is du¢é within four months. In the. - - _ case of Judges who have diéd after 1.10.1974 the amounts due will bé paid. " to the legal heirs of the Judges within four months. The family pension due
- to-the widows ‘will be catculated under the’ provisions of the 1976 Amending -
« Act and paid to them, Ad- hoc payments made, if anys will be adjusted while ;
lie making such payments. [552 DF a . . . me i an . CIVIL OnicinaL JURISDICTION : Writ Petition teh ‘Nos. Soo _ 3531 to 3534 of 1983...
: 5 ete (Under Article 32 of the Conatitution) aM ee Sina Sowith : a, : - * Writ Petition (Civil) Nos. 4831 to 4833 of. 1983. oy a Lo. _ (Under Article 32 of the Constitution) ¢ a woe | Writ Petition Civil), No. 13243 of 1983 a . | : oorer ce ca ; Under Article 32 of the Constitution)
* £ i
| . V. A. Bobde; A. K. Sanghi, Ms. Amalji ‘Chauhan and Smt. Se oO Re B. Bobde for the petitioners. | wor a -
. a cor
,N.L. ABHYANKAR y. UNION (Chinnapa Reddy, J. ) 553
, “ D. K. Gare for the Petitioner in Writ Petition No. 13243 of A ~ + 1983. hye
K. Parasaran, Attorney General, 2. D. D. Agarwal and R.N,
| Poddar for the Retpondent,”’ .
The Order of the Court was delivered by oe B
4 CHINNAPPA Reppy, J. In view of our decision i in D.S. -Nakara d. _ v. Union of India Y1983) 1 SCC 305 and for the reasons mentioned by the Allahabad High Court in Writ Petition No. 3281 of 1979: ‘dated 2,3.1983 in the case of Bidhubhushan Malik and others-v. Union of India, which. we have accepted as correct in Special Leave C€ ' Petition No. 9616 of 1983 just now dismissed by us we allow the < writ petitions. The Judges of the High Court and of the Supreme " Court will be extitled to the péiisionary benefits under the amended Act of 1976 irrespective of the dates of their retirement. They will *T be so entitled with effect from 1.101974, Arrears of, pension. ’. alculated under the provisions of the new Act will be paid to those to whom it is due within four months from today. In the case of. ~ Judges who have died after 1.10.1974 the amounts due willbe paid to the legal heirs ofthe Judges within four months from today. The family pension due to the widows will be calculated under the * provisions of the 1976 Amending “Act and paid to them. “Ad-hoc E ‘payments made, if.any,; will be adjusted while making such pay-ments. The writ petitions are disposed of accordingly. What we . A have said about pensionary benefits does not apply to paynient of . gratuity. © . .
N.V.K. c - Petition allowed.
¢
1) [1984] 3 S.C.R, 550