{"id":227949,"date":"1985-04-08T00:00:00","date_gmt":"1985-04-07T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/m-l-jain-anr-vs-union-of-india-on-8-april-1985"},"modified":"2017-06-15T09:54:25","modified_gmt":"2017-06-15T04:24:25","slug":"m-l-jain-anr-vs-union-of-india-on-8-april-1985","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/m-l-jain-anr-vs-union-of-india-on-8-april-1985","title":{"rendered":"M.L. Jain & Anr vs Union Of India on 8 April, 1985"},"content":{"rendered":"
Supreme Court of India<\/div>\n
M.L. Jain & Anr vs Union Of India on 8 April, 1985<\/div>\n
Equivalent citations: 1985 AIR 619, \t\t 1985 SCR (3) 608<\/div>\n
Author: O C Reddy<\/div>\n
Bench: Reddy, O. Chinnappa (J)<\/div>\n
           PETITIONER:\nM.L. JAIN & ANR.\n\n\tVs.\n\nRESPONDENT:\nUNION OF INDIA\n\nDATE OF JUDGMENT08\/04\/1985\n\nBENCH:\nREDDY, O. CHINNAPPA (J)\nBENCH:\nREDDY, O. CHINNAPPA (J)\nSEN, A.P. (J)\nVENKATARAMIAH, E.S. (J)\n\nCITATION:\n 1985 AIR  619\t\t  1985 SCR  (3) 608\n 1985 SCC  (2) 355\t  1985 SCALE  (1)636\n CITATOR INFO :\n R\t    1989 SC 669\t (1,16)\n RF\t    1991 SC 928\t (1)\n\n\nACT:\n\t  High Court Judges (Conditions of Service) Act 1954\nPara 2\t(a).  Part  111.  First\t Schedule  Judicial  Officer\nappointed as  a High  Court Judge-Calculation  of pension on\nretirement-How determined.\n\n\n\nHEADNOTE:\n\t  Paragraph 2 of Part III of the 1st Schedule to the\nHigh Court  Judges (Conditions\tof Service)  Act ,   1954  ,\nprovides that  the pension  payable to\ta Judge shall be-(a)\nthe pension to which he is entitled under the ordinary rules\nof his\tservice if  he had not been appointed a Judge ,\t his\nservice as  a Judge being treated as service therein for the\npurpose of  calculating that  pension;\tand  (b)  a  special\nadditional pension  of Rs.  700 per annum in respect of each\ncompleted year\tof service  for pension\t but in no case such\nadditional pension shall exceed Rs.3,500 per annum.\n     By a  letter dated September 19 ,\t1984 ,\taddressed to\nall Accountants\t General the  Ministry of Law ,\t Justice and\nCompany Affairs\t indicated the\tmethod for  calculation of a\nJudges pension.\t It provided  that: (i) the service as Judge\nof the\tHigh Court will count towards qualifying service for\npension in  his parent\tservice or  post ,  and (ii) pay for\nthe purpose  for calculating  pension under para 2 (a) shall\nbe the\tpay which  a Judge  had drawn or would have drawn in\nthe scale  of pay  of the  post held  by him  in his  parent\nDepartment preceding  the date on which he was elevated as a\nJudge of the High Court ,  including annual increments ,  if\nany ,\twhich  he would\t have drawn  upto the  pate  of\t his\nsuperannuation as  a Government servant ,  and (iii) special\nadditional pension  under para 2 (b) as provided in the High\nCourt Judges (Conditions of Service) Act 1954.\n     The petitioner  was a  member  of\tthe  State  Judicial\nService. His total period of service as a Judicial Officer ,\notherwise than\tas a  Judge of the High Court was 29 years ,\n9 months  and one  day while  his service  as a Judge of the\nHigh Court was a period of 9 years and 21 days- According to\nthe calculation made by the respondent ,  the petitioner was\nentitled to  a pension\tof Rs  15,320 per annum. This figure\nwas arrived  at on  the basis  that had\t he continued  as  a\nDistrict and  Sessions Judge  ,\t  he would  have retired  on\nJuly- 31 ,  1977 ,  and on\n609\nthat basis his pension was calculated at Rs.11,820 per annum\nunder clause  (a) of  para 2 of the First Schedule read with\nthe Rajasthan  Rules  and  to  that  figure  was  added\t the\nadditional pension  of Rs.3,500 per year under Clause (b) of\nPara 2\tof Schedule  I. His  total pension was determined at\nRs.15,320 per annum. A\n     Allowing the Writ Petition.\n^\n     HELD: 1.  Para 2(ii) of the letter dated September 19 ,\n1984 of\t the Ministry of Law ,\tJustice & Company Affairs is\na clear\t departure from\t para 2\t clause (a) of Schedule I to\nthe High  Court Judges\t(Conditions of Service) Act ,  1954.\nUnder clause  (a) of  para 2  of the Schedule I to the Act ,\nthe retiring  Judges' entire  service as  a Judge  has to be\nreckoned for  the purpose Or calculating his pension and for\nthat purpose  the last\tpay drawn  by him  had to be the pay\ndrawn by  him as  a Judge  of the High Court and not the pay\nthat would have been drawn by him as a District Judge ,\t had\nhe not been appointed a High Court Judge. [612C -D ]\n     In the  instant case  the petitioner had put in a total\nservice of  more than  38 years\t and 9\tmonths including his\nservice as  a High  Court Judge\t and his  last pay drawn was\nRs.3,500 per  month ,\this  pension would  be Rs.1,525\t per\nmonth. But since the Rajasthan Rules prescribed a ceiling of\nRs. 1,500  per month  ,\t  he was  entitled to  a pension  of\nRs.1,500 per  month only  under clause\t(a)  of\t para  2  of\nSchedule I.  To this  ,\t  the additional pension to b- added\nunder clause  (b) was  Rs.700 x\t 9 - Rs.6,300 but here again\nthe ceiling  prescribed was  Rs.3,500 per  annum. The  total\npension would  therefore be  Rs.21,500 per annum. But 1) for\nthe ceiling  prescribed under the Rajasthan Rules and clause\n(b) of para 2 of Schedule I of the Act ,  he would have been\nentitled to Rs.24,600 per annum.\n\t\t\t\t\t\t [612G-613B]\n     2.\t The   letter  dated  August  30  ,  1984  from\t the\nGovernment  of\tIndia  to  the\tChief  Secretary  ,    Delhi\nAdministration is  quashed and the pension of the petitioner\nis refixed at Rs.21,500 per annum. [613-E]\n     3. In  the recent\tbudget proposals  the ceiling on the\npension of  civil servants  is to be lifted. It is hoped the\nsituation would\t be remedied  in the case of judges also and\nthe ceiling lifted as early as possible. [613-C)\n\n\n\nJUDGMENT:\n<\/pre>\n
     ORIGINAL JURISDICTION:  Writ Petition Nos. 16093\/84 & 1
\n3243\/83 G
\n     Under Article 32 of the Constitution of India.
\n     Sobhag Mal\t Jain ,\t  S.K.\tJain and  D.K. Garg  for the
\nPetitioner.\n<\/p>\n
     A.K. Ganguli and R.N. Poddar for the Respondents.
\n\t The Judgment of the Court was delivered by
\n610<\/span>
\n     CHINNAPPA REDDY  ,\t J. On November 20 ,  1984 this writ
\npetition was  heard along  with Writ  Petition No.  13243 of
\n1983 (Shri  J.P Chaturvedi  v. Union  of India).  Shri\tJ.P.
\nChaturvedi’s<\/a> petition  was allowed  ,\tby  consent  of\t the
\nlearned Attorney  General who  appeared\t for  the  Union  of
\nIndia. Shri  M.L. Jain’s  petition was\tallowed on  the same
\nlines under  the impression that the facts involved were the
\nsame. It  has now been brought to our notice by the Registry
\nthat there  is considerable difference in the prayers in the
\ntwo cases.  We have  ,\t therefore ,   recalled\t our earlier
\norder in Shri M.L. Jain’s case and examined his case afresh.\n<\/p>\n
     Shri M.L.\tJain was a member of the Rajasthan Judiciary
\nfrom September 31 ,  1945 onwards till July 1 ,\t 1975 during
\nwhich period  he was  a District  and Session  Judge ,\tfrom
\nNovember 9  ,\t1970 to\t July 1\t ,   1975. Thereafter he was
\nelevated as  a Judge of the High Court on July 1 ,  1975. He
\nretired as a Judge of the High Court on July 21 ,  1984. Had
\nhe not\tbeen appointed a Judge of the High Court ,  he would
\nhave retired  as District  and Session\tJudge on  July 31  ,
\n1977. His  total period\t of service  as a Judicial Officer ,
\notherwise than\tas a  Judge of the High Court was 29 years ,
\n9 months  and one  day while  his service  as a Judge of the
\nHigh Court was a period of 9 years and 21 days.\n<\/p>\n
     When he  was appointed  a Judge  of the  High Court  he
\nappears to  have opted\t,   for the purpose of his pension ,
\nfor Part  Ill of  the 1st Schedule to the High Court Judges’
\n(Conditions of\tService) Act  ,\t 1954. Paragraph two of Part
\nIII of the Ist Schedule is as follows:-\n<\/p>\n
\t  “The pension\tpayable to  such Judge\tshall be-(a)
\n     the pension  to which he is entitled under the ordinary
\n     rules of  his service  if he  had not  been appointed a
\n     Judge ,   his  service as\ta  Judge  being\t treated  as
\n     service therein  for the  purpose of  calculating\tthat
\n     pension; and  (b) a  special additional  pension of Rs.
\n     700 per  annum in\trespect of  each completed  year  of
\n     service for  pension but  in no  case  such  additional
\n     pension together with the additional or special pension
\n     ,\tif any ,  to which he is entitled under the ordinary
\n     rules of  his service  ,\tshall exceed  Rs. 3,500\t per
\n     annum.”<\/p><\/blockquote>\n
     According to  the calculation  made by the respondent ,
\nShri M.L.  Jain was  entitled to a pension of Rs. 15,320 per
\nannum only.\n<\/p>\n
611<\/span><\/p>\n
This figure  was  arrived  at  on  the\tbasis  that  had  he
\ncontinued as  a District  and Sessions\tJudge he  would have
\nretired\t on  July  31  ,    1977  and  his  average  monthly
\nemoluments during the period ,\tOctober 1 ,  1976 to July 31
\n,   1977 ,  would be Rs. 2,500 per month as that was the pay
\nhe would  have drawn as a District Judge had he continued as
\na District  Judge and  retired on  July 31  ,  1977. On that
\nbasis his  pension was\tcalculated at  Rs. 11,820  per annum
\nunder clause (a) of Para (2) of the First Schedule read with
\nthe Rajasthan  Rules  and  to  that  figure  was  added\t the
\nadditional pension of Rs. 3,500 per year under Clause (b) of
\nPara 2\tof Schedule I. His total pension was thus determined
\nat Rs. 15,320 per annum.\n<\/p>\n
     The calculation made under clause (a) of Paragraph 2 of
\nthe First  Schedule was\t apparently  done  pursuant  to\t the
\nletter dated September 19 ,  1984 from the Ministry of Law ,
\nJustice and  company Affairs  addressed to  all\t Accountants
\nGeneral. Paragraph 2 of the letter is as follows:\n<\/p>\n
\t  “The question\t as to\twhat should  be\t taken\tinto
\n     account for  calculation of  pension in  terms of\tpart
\n     2(a) mentioned  above  ,\t has  been  examined.  After
\n     careful consideration  of the  matter ,   it  has\tbeen
\n     decided that…………\n<\/p><\/blockquote>\n
\t       (i) The\tservice as  Judge of  the High Court
\n\t       will count  towards  qualifying\tservice\t for
\n\t       pension in his parent service or post.<\/p><\/blockquote>\n
\t       (ii)  pay  of  the  purpose  for\t calculating
\n\t       pension under  para 2(a)\t shall\tbe  the\t pay
\n\t       which a\tJudge had  drawn or would have drawn
\n\t       in the  scale of\t pay of the post held by him
\n\t       in his  parent Department  ,   preceding\t the
\n\t       date on\twhich he  was elevated as a Judge of
\n\t       the High Court ,\t including annual increments
\n\t       ,   if any  ,  which he would have drawn upto
\n\t       the  date   of  his   superannuation   as   a
\n\t       Government servant.  Further the pay which he
\n\t       would have drawn in the selection grade ,  if
\n\t       any  ,\t  for\twhich  he  would  have\tbeen
\n\t       automatically ,\t eligible  and\tnot  on\t the
\n\t       basis of\t any selection ,  will also be taken
\n\t       into account.  In case  he was holding a post
\n\t       on  deputation  (as  distinct  from  “foreign
\n\t       service”) ,  the pay in such an ex-cadre post
\n\t       will also be
\n612<\/span>
\ntaken into account on the same lines as mentioned above.\n<\/p>\n
\t       (iii) Special  additional pension  under para
\n\t       2(b) will  be calculated\t as provided  in the
\n\t       High Court  Judges ,  (Conditions of Service)
\n\t       Act ,  1954.”\n<\/p>\n
     We are  of the  opinion that  para 2(ii)  of the letter
\ndated September\t 19 ,  1984 is a clear departure from para 2
\nclause\t(a)   of  Schedule  I  to  the\tHigh  Courts  Judges
\n(Conditions of\tService) Act.  Under clause (a) of para 2 of
\nthe Schedule  I to  the High  Courts Judges’  (Conditions of
\nService) Act  the retiring  Judges entire service as a Judge
\nhas to\tbe reckoned  for  the  purpose\tof  calculating\t his
\npension and  for that  purpose the last pay drawn by him has
\nto be  the pay drawn by him as a Judge of the High Court and
\nnot the\t pay that would have been drawn by him as a District
\nJudge ,\t had he not been appointed a High Court Judge. Under
\nthe Rajasthan  Rules ,\t  his  monthly\tpension\t was  to  be
\ncalculated in the following manner:-\n<\/p>\n
\t     Upto  the first  Rs. 1000\tof emoluments ,\t the
\nmonthly pension would be 50% of the emoluments;\n<\/p>\n
\t     For  the next  Rs. 500 of the emoluments ,\t the
\npension would be 45% of the emoluments ,
\n\t    For the balance of the emoluments ,\t the pension
\nwould be 40% of the emoluments.\n<\/p>\n
     ‘The amount  of pension  was to  be arrived  at on\t the
\nbasis of  these slabs  ,   related to the maximum qualifying
\nservice of  33 years.  There was  however a  ceiling on\t the
\npension and  it was  prescribed that  the maximum  amount of
\npension should\tnot exceed  Rs. 1500 per month. As Shri M.L.
\nJain had  put in a total service of more than 38 years and 9
\nmonths including  his service  as a High Court Judge and his
\nlast pay  drawn was Rs. 3,500 per month ,  his pension would
\nbe Rs.\t1,525 per  month.  But\tsince  the  Rajasthan  Rules
\nprescribed a  ceiling of  Rs. 1,500  per month\t,    he\t was
\nentitled to  a pension\tof Rs.\t1,500 per  month only  under
\nclause (a)  of Para  2 of  Schedule III.  To  this  ,\t the
\nadditional pension  to be added under clause (b) was Rs. 700
\nx 9 = Rs. 6,300 ,  but here again the ceiling
\n613<\/span>
\nhas been  prescribed  as  Rs.  3,500  per  annum.  Thus\t the
\nadditional pension  under clause  (b) would be Rs. 3,500 per
\nannum only  bringing the  total pension of Shri M.L. Jain to
\nRs. 21,500  per annum.\tBut for the ceiling prescribed under
\nthe Rajasthan Rules and clause (b) of para 2 of the Schedule
\nI to  the High\tCourts Judges’ (Conditions of Service) Act ,
\nShri M.L.  Jain would have been entitled to a pension of Rs.
\n24,600 per  annum ,   which is meagre enough considering his
\nlong and  distinguished service\t as a  Judicial Officer\t and
\nHigh Court  Judge for a period of 38 years and 9 months. But
\neven this  he is  not entitled\tto be  paid under  the rules
\nbecause of  the respective  ceilings and he is only entitled
\nto a  pension of  Rs. 21,500  per annum. We find that in the
\nrecent budget  proposals ,   the  ceiling on  the pension of
\ncivil servants\tis to  be lifted. We hope the situation will
\nbe remedied  in the  case of  judges also  and\tthe  ceiling
\nlifted as early as possible. We may suggest that this may be
\ndone straight  away by\tincluding suitable provisions in the
\nBill now  announced to\tbe pending  before Parliament.\tThis
\nwill ,\t of  course ,  be quite apart from the other changes
\nfor the\t improvement of\t the Conditions of Service of Judges
\nin the\tmatter of  salaries ,  allowances etc. which changes
\nalso brook  no further delay if justice is to be done to the
\njudges. The  petition is  allowed in  terms of\twhat we have
\nstated. Letter\tNo. 6\/4\/84 – Jus dated August 30 , 1984 from
\nthe Government\tof India  ,   Ministry of Law ,\t Justice and
\nCompany\t Affairs   to  the   Chief  Secretary\t,      Delhi
\nAdministration ,   Delhi is qua- shed and the pension of the
\npetitioner is refixed at Rs. 21,500 per annum.\n<\/p>\n
N.V.K.\t\t\t\t\t    Petition Allowed\n614<\/span>\n\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India M.L. Jain & Anr vs Union Of India on 8 April, 1985 Equivalent citations: 1985 AIR 619, 1985 SCR (3) 608 Author: O C Reddy Bench: Reddy, O. Chinnappa (J) PETITIONER: M.L. JAIN & ANR. Vs. RESPONDENT: UNION OF INDIA DATE OF JUDGMENT08\/04\/1985 BENCH: REDDY, O. CHINNAPPA (J) BENCH: REDDY, O. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-227949","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nM.L. 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