Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial service - High Court Judges |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | JUDICIARY: Judicial service - High Court Judges (Salaries & Conditions of Service) Act, 1954 - s.14; First schedule Part I, Clause 2 - Pension for the retired judges of High Court who are directly appointed from the Bar - Clause 2 of Part I says that no pension is payable to the judges having less than 7 years of service as a judge - Constitutional validity of - Held: The Judges, who are appointed under Article 217(2)(a) being members of the Judicial Service, even if they serve as a Judge of the High Court for only one or two years, get full pension benefits because of the applicability of Rule 26B or because of their earlier entry into judicial service - However, the Judges of the High Court, who are appointed from the Bar do not get similar benefit of full pension - This is arbitrary and discriminatory - s. 14 of the HCJ Act and Clause 2 of Part I of the First Schedule which governs the pension payable to Judges gives rise to unequal consequences - The existing scheme treats unequally the equals, which is violative of Articles 14 and 21 of the Constitution - irrespective of the source from where the Judges are drawn, they must be paid the same pension just as they have been paid same salaries and allowances and perks as serving Judges - If the service of a judicial officer is counted for fixation of pension, there is no valid reason as to why the experience at Bar cannot be treated as equivalent for the same purpose - Thus, fixation of higher pension to the Judges drawn from the Subordinate Judiciary who have served for shorter period in contradistinction to Judges drawn from the Bar who have served for longer period with less pension is highly discriminatory and breach of Article 14 of the Constitution - The classification itself is unreasonable without any legally acceptable nexus with the object sought to be achieved - Constitution of India, 1950 - Articles 14 and 21. Scheme for post-retiral benefits to the retired Chief Justices and retired Judges of the respective High Courts - Held: Government of Andhra Pradesh sanctioned an amount of Rs. 14, 000/- per month to the retired Chief Justices of the High Court of Andhra Pradesh and an amount of Rs.12,000/ - per month to the retired Judges of the High Court of Andhra Pradesh for defraying the services of an orderly, driver, security guard etc. and for meeting expenses incurred towards secretarial assistance on contract basis and a residential telephone free of cost with number of free calls to the extent of 1500 per month over and above the number of free calls per month allowed by the telephone authorities to both the retired Chief Justices and Judges of the High Court of Andhra Pradesh w.e.f. 01.04.2012 - Steps taken by the Government of Andhra Pradesh and other States who have already formulated such scheme appreciated - Other States who have so far not framed such scheme to also formulate the same, depending on the local conditions, for the benefit of the retired Chief Justices and retired Judges of the respective High Courts as early as possible. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2014 INSC 229 |
Petitioner | P. Ramakrishnam Raju |
Respondent | Union Of India & Ors. |
SCR | [2014] 4 S.C.R. 562 |
Judgement Date | 2014-03-31 |
Case Number | 521 |
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