http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

PETITIONER: UNION OF INDIA

       Vs.

RESPONDENT: BIDHUBHUSHAN MALIK AND OTHERS

DATE OF JUDGMENT24/04/1984

BENCH: REDDY, O. CHINNAPPA (J) BENCH: REDDY, O. CHINNAPPA (J) SEN, A.P. (J) VENKATARAMIAH, E.S. (J)

CITATION:  1984 AIR 1177            1984 SCR  (3) 550  1984 SCC  (3)  95        1984 SCALE  (1)643  CITATOR INFO :  R          1984 SC1247  (1)  D          1990 SC1782  (34)  D          1991 SC1182  (23)  R          1992 SC  96  (8)

ACT:      High Court Judges (Conditions of Service) Act, 1954 (as amended)-First Schedule-Para 10-Validity of.

HEADNOTE:      Affirming the decision of the High Court and dismissing the special leave petition, ^      HELD :  (1) The  words "and who has retired on or after the 1st  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 unconstitutional and are struck down. [550 A]      (2) The  Judges (including  the Chief  Justices) of the High Courts  are entitled  lo pension  as computed under the Act (as  amended) irrespective  of their date of retirement. But they  will not be entitled to arrears of pension for the period preceding  October 1,  1984, the date which continues to be  relevant as  being one  from  which  the  liberalised pension became operative.                                                    [550 B-C]      Decision of  Allahabad High  Court in  W.P. No. 3281 of 1979 (Judgment delivered on March 2, 1983) upheld.

JUDGMENT:      CIVIL APPELLATE  JURISDICTION :  Special Leave Petition (Civil) No. 9616 of 1983.      From the  Judgment and  Order dated  2nd March, 1983 of the Allahabad High Court in Writ Petition No. 3281 of 1979.      K. Parasaran,  Attorney General, R.D.A garwala and R.N. Poddar for the Petitioner.      The Order of the Court was delivered by      CHINNAPPA REDDY, J. The Allahabad High Court has held :           "....The High Court Judges (Conditions of Service)

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2  

Act, 1954, (as amended) shall be read down as under, in para 10 of the 551 First Schedule,  the words  ’and who has retired on or after the 1st  day of  October, 1974" are unconstitutional and are struck  down.  Omitting  the  unconstitutional  part  it  is declared that  the Judges  (including the Chief Justices) of the High Court are entitled to pension as computed under the High Court  Judges (Conditions  of Service)  Act, 1954,  (as amended) irrespective  of the  date of  retirement. The date October 1,  1974, continues to be relevant as being one from which the  liberalised pension  became operative  under  the High Court  Judges (Conditions  of Service) (Amendment) Act, 1976, irrespective of the date of retirement and hence there is no  question of  payment of  arrears of  pension for  the period preceding October 1, 1974..."      For the  reasons mentioned by the learned Judges of the Allahabad High  Court in their Judgment, we agree with their conclusion and dismiss the special leave petition. H.S.K                                    Petition dismissed. 552