UNION OF INDIA versus BIDHUBHUSHAN MALIK AND OTHERS on 24 April 1984

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UNION OF INDIA

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BIDHUBHUSHAN. MALIK AND OTHERS

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Aprf/·~4,1984

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(0. CHINNAPPA REDDY;.A.P, SEN AND E.S. VENKATARAMiAH, JJ.J

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.First Schedule, the wordi "and win has retired on or after the !st' day of.October, 1974" are unconstitutional and are stru9k down. · Omittin_g; the unconstitutional part it is declared that the Judges (including the. Chief Justices) of the High Court are entitled. to · pension as computed wider the High Court Judges ( Condions of Service) Act, 1954, (as amended) irrespective of the date of retire· ment., The date October I, 1974, continues. to be relevant as being One from which the liberalised pension beeame operative underthe High Court Judges (Conditions of Service) (Amendment) Act, 1976, irrespective of the date of retirement and hence there is no question .of payment of a1rears of pension for tli.e period preceding October 1., 1974 ......... "

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· For the reasons mentioned by the learned Judge's of the , Allahabad High .Court in their Judgment, we agree with their conclusion and dismiss the special kave petition . •

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· B:.S.K

Petition dismissM .

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