Union Of India vs Bidhubhushan Malik And Others
- SCC(1984) 3 SCC 95
- Neutral1984 INSC 89
- AIRAIR 1984 SC 1177
- SCR[1984] 3 SCR 550
Ratio decidendi
The rule this decision rests on
A temporal restriction in a statute that limits a benefit to persons retiring after a specified date is unconstitutional insofar as it denies the benefit to those retiring before that date on the basis of retirement date alone, and must be struck down; the benefit must be extended to all persons irrespective of when they retired. The operative date from which a liberalised benefit scheme becomes effective remains relevant for determining the commencement of entitlement, but does not operate to create an entitlement to arrears of the benefit for the period prior to that date for persons who retired before it.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
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) 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
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