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Legislation

High Court Judges (Conditions of Service) Act, 1954

16 Supreme Court judgments cite this Act.

THE ACCOUNTANT GENERAL, M.P.versusS.K. DUBEY & ANR.

2012 INSC 12229 February 2012Matter referred to larger bench

The case concerned a former High Court judge who, after retirement, served as President of the Madhya Pradesh State Consumer Disputes Redressal Commission for nearly five years. He claimed pension for that period based on a 2002 executive order of the State Government, although the Madhya Pradesh Consumer Protection Ru

STATE OF PUNJABversusJUSTICE S.S. DEWAN (RETIRED CHIEF JUSTICE) AND ORS.

1997 INSC 43425 April 1997Appeal(s) allowed

Justice S.S. Dewan, former Chief Justice of the Punjab & Haryana High Court, retired on 31‑12‑1989 and elected pension under Part III of Schedule I of the High Court Judges (Conditions of Service) Act, 1954, governed by the Punjab Superior Judicial Service Rules, 1963. On 20‑Feb‑1990 Rule 16 of those rules was amended

M.L. JAINversusUNION OF INDIA

1991 INSC 1122 January 1991Case Allowed

M.L. Jain, a former High Court Judge, had his pension fixed at Rs 21,500 per annum in 1985, later increased to Rs 46,100 per annum after amendments to the High Court Judges (Conditions of Service) Act, 1954. He challenged the ceiling of Rs 8,000 on the special additional pension imposed by clause (b) of paragraph 2 of

UNION OF INDIAversusPRATIBHA BANERJEE AND ANR.

1995 INSC 76121 November 1995Dismissed

Pratibha Banerjee, a retired Judge of the Calcutta High Court, was appointed Vice‑Chairman of the Central Administrative Tribunal (CAT) and continued to draw her High Court pension. Upon retiring from the CAT, she claimed that her pension should be fixed under Part I of the First Schedule of the High Court Judges (Cond

UNION OF INDIAversusJUSTICE (RETD.) S. N. SAXENA AND ORS.

2003 INSC 11220 February 2003Dismissed

Retired judges of the High Court, including Justice S.N. Saxena, sought payment of the balance of their leave‑encashment amount or permission to deposit it in the Treasury after retirement. The Union of India refused, relying on the "one‑time settlement" concept in Rule 208 of the All India Services (Leave) Rules, 1955

M.L. JAINversusUNION OF INDIA

1988 INSC 23118 August 1988Case Allowed

M.L. Jain, a retired Judge of the Delhi High Court, challenged the pension fixed by the Pay & Accounts Officer at Rs.26,000 per annum, contending that amendments to the High Court Judges (Conditions of Service) Act in 1986 and 1988 and related Office Memoranda entitled him to a higher pension. The Government of India,

N.D.P. NAMBOODRIPADversusUNION OF INDIA AND ORS.

2004 INSC 28416 April 2004Case Partly allowed

N.D.P. Namboodripad, a retired High Court Judge of Kerala, challenged the method used by the Central and State Governments to calculate his pension, arguing that his last drawn emoluments should include dearness allowance and special allowances as per Rule 62 of the Kerala Service Rules. The High Court initially ordere

T. FENN WALTER AND ORS.versusUNION OF INDIA AND ORS.

2002 INSC 29912 July 2002Disposed off

The case examined whether a sitting High Court judge appointed as President of a State Consumer Disputes Redressal Commission could continue to function as a judge. A group of advocates challenged the appointment, arguing it created a master‑servant relationship and threatened judicial independence, while the governmen

M.L. JAIN & ANR.versusUNION OF INDIA

1985 INSC 788 April 1985Case Allowed

M.L. Jain, a retired judge of the Rajasthan High Court, challenged the calculation of his pension under the High Court Judges (Conditions of Service) Act, 1954. The Ministry of Law had issued a circular stating that a judge's service as a High Court Judge should be counted towards his parent service and that pension sh

ND P NAMBOODRIPAD (DEAD) BY LRS.versusUNION OF INDIA AND ORS.

2007 INSC 2658 March 2007Case Partly allowed

The deceased N.D. Pamboodripad, a retired Kerala High Court Judge, challenged the pension fixed by the Kerala Government, arguing that his "emolument" for pension calculation should include dearness and special allowances (Rs 4,237 per month) and that the ceiling on the special additional pension under Part III of the

SHIV DAYAL SHRIVASTAVAversusUNION OF INDIA

1984 INSC 277 February 1984Appeal(s) allowed

Retired Chief Justice Shiv Dayal Shrivastava filed a writ petition under Article 32 seeking the cash equivalent of his unutilised earned leave. The Supreme Court had earlier held in Union of India v. Gurnam Singh that judges are entitled to such payment under Rule 20B of the All India Services (Leave) Rules, 1955. The

UNION OF INDIA AND ANR.versusDEOKI NANDAN AGGARWAL

1991 INSC 2194 September 1991Appeal(s) allowed

The respondent, a retired High Court judge, had served only 5 years 10 months and 17 days and was receiving a pension of Rs.8,400 per annum under Part I of the First Schedule of the High Court Judges (Conditions of Service) Act, 1954. He sought a higher pension by claiming that an additional 1 month and 13 days should

V. B. RAJUversusUNLON OF INDIA & OTHERS

1980 INSC 1704 September 1980Dismissed

V.B. Raju, an Indian Civil Service officer who later became a High Court Judge, filed a petition seeking two separate pensions—one for his service as an I.C.S. officer and another for his tenure as a judge—under the High Court Judges (Conditions of Service) Act, 1954. The issues centered on the constitutional validity

UNION OF INDIAversusGURNAM SINGH

1982 INSC 503 May 1982Dismissed

Gauram Singh, a retiring Judge of the Punjab and Haryana High Court, claimed the cash equivalent of his unutilised earned leave salary. The Government rejected the claim, but the Punjab and Haryana High Court ordered payment under Rule 20‑B of the All India Services (Leave) Rules, 1955, read with Rule 2 of the High Cou

MOHD. ALIversusAZAD MOHD.

1999 INSC 3741 September 1999Dismissed

The appellant filed an election petition on July 1, 1996, the first day after the Punjab and Haryana High Court resumed from its summer vacation, although the 45‑day limitation period had expired during the vacation. The High Court, relying on a November 27, 1995 notification that the court was not "closed" for electio

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