N.L. ABHYANKAR AND OTHERS ETC.versusUNION OF INDIA
- Citation
- 1984 INSC 90
- Decided
- 24 April 1984
- Disposal
- Case Allowed
- Bench
- O CHINNAPPA REDDY
Holding
Judges of the High Court and Supreme Court are entitled to pensionary benefits under the 1976 amendment irrespective of their retirement dates, with effect from 1 October 1974, and arrears and family pensions must be paid within four months, but this entitlement does not extend to gratuity.
Summary
The petitioners, former judges of the High Court and Supreme Court, challenged the denial of pensionary benefits under the Conditions of Service (Amendment) Act, 1976. The Supreme Court examined whether the amendment entitled all retired judges to pension benefits irrespective of their retirement dates and whether arrears and family pensions should be paid within a stipulated period. Relying on its earlier decision in D.S. Nakara v. Union of India and the Allahabad High Court judgment in Bidhubhushan Malik v. Union of India, the Court held that the amendment applied retroactively from 1 October 1974. It ordered that arrears of pension and family pensions be paid to the entitled judges or their legal heirs within four months, but clarified that the ruling did not extend to gratuity. Consequently, the writ petitions were allowed, granting the claimed pensionary benefits.
Issues considered
- Whether judges of the High Court and Supreme Court are entitled to pensionary benefits under the Conditions of Service (Amendment) Act, 1976 irrespective of their dates of retirement.
- Whether arrears of pension and family pension must be paid within a specified period under the Act.
- Whether the entitlement to pensionary benefits under the amendment also includes gratuity.
Legislation cited
Subjects
Judgment
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S5~L
N.L. ABHYANKAR AND OTI~ERS ETC .. ..
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-. UNION OF.INDIA··
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. April l4, 1984 • ·.
. [O~ CHINNAPPA: RmoY, A.P. SEN AND E.S.
vrNKATARAMIAu,· 1n · -:t. r
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.High Court iud~e~ (Co.1ditidns. ~! .se.rvice) Ac/ 19.54. ·s. 1.5 ~ First
-Schedule_ Pari] para -10 & The High. Co;~t JuiJt!S (Conlitl.Jns of SeTvic~)
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Amendment .Act. 1976.:
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.' . Sup:i'eme Court Ji.idge3 -(Condition's of Ser~lie) Act i9S8, S. · 14 & '(he
· Supreme Conrt Jndges (Condltlons of ;service) Amend1neizt Act 1976.
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Retired Judie:_;.High Court & Supr~me Court enhancedPen~ionary ben-efits
entitlemeni fo.....;.lrrt[spective OJ date ofretirem_ent, :; .. - · < ; -"i
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·D • The Judges of the' High C0ur.t and of the Supreme. Court will be
entitled to 1he'pension1ry· be:iCfitS u11der·- the amended Act of 1976 irres.=.
.pective or the dateS of their -~re_tiremcnt. ·They will be sci ·ea'titled with e_tfect
·• ·from t.to.1974. Arrears of pensio·n calculat·ed under th~ .Pro\'jsions of th~
new Act "wiU be paid to those to Whom it is -due ·within four. months. In~ tbO. · l
c·ase of Judges' who have died after' t.10.19'74 the·amout1ts. due wiTI b~ p1id
···to the legal heirs of the Judges withiO four months. The family"pension due
to·the Widows _will be calculated under the' proVi.sioos of the 1976 Amending·
Act and paid.to them. Ad-boC p.iym;:nts rOadeJ if any, V:.in be {ldjllsfed while
_!Daking sue~ payments. [S52 D:-F] . ' ,.
CIVIL. ORIGINAl. . JURISDICTION:· Writ Peiition '(Civil) ·Nos.
3S31 to 3534' of 1983;. )I
F· (Under Article 32 of th~ Cotlstitution)
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With
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Writ Petition (Civil) Nos. 4831 to 4833 of.1'}83.
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' · (Under Article 32 of the Con~titution) •
G. And
Writ Petition°cCivil)_:rfo. 13243_ of 1983
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(l,Jnd•:" Article 3.2 of the. Constitution)
V. A. Bobde; A. K. Sanghi,' Ms.. Amaljit .Chauhan and Smt. -
:. R. B. Bobde for
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the petitioners:
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,N. L. ABHl'AN!(l\R '· lJNlON (Chinnappa-Rerjdy, J.) SS3
·1 D. K. Garg for the Petitloner in Writ Petition No. 13243 of A
1983. -
K. Parasaran, Attorney General, R. D. Agarwal a~d R. N.
Poddar for the Re~pondent ·
The Order <?f the Court was delivered by
' ~ CaiNNAPPA RiiooY, J. In view or'our decision in D.S. Nakara
1 v. Vnion of India,l'i'[I983] I SCC 305 and for the reasons mentioned
. by the Allahabad High Court in Writ Petition No. 3281of1979·
·dated 2.3.1983 in the case of Bidhubhushan Malik and otlters-v.
Union of India, wh-ich 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 anl! of the Supreme
· Court will be ei<titled to the·pensionary benefits 'under the amended
Act of 1976 irrespective of the dates of their retirement. They will
"'1 be so entitled with effect from 1.10.1974, Arrears of pension
calculated- under_ the provlsio"n,s of the new Act will be paid to those D
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 will be paid
to the legal heirs of the Judges within four months from today. The 0
family pension due to the_ widows will b,e calculated unper the
provisions_ of the 1976 Amending Act and paid to them. Ad· hoc E
·paymenis made, ifany, will be adjusted while making such pay··
_; ments. The writ petitions are disppsed of accordingly. What we_
· have· said a!iout pensionary benefits does not llPPIY to payn:tent of
. gratuity. .,
F
N.V.K. Petition allowed.
1)[1984] 3 S.C.R. SSO
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