1984 INSC 0122
                                                    Union of India

                                                           Vs

                                         Budhubhushan Malik and Others

                                Special Leave Petition (Civil) No 9616 of 1983

                          (A. P. Sen, O. Chinnappa Reddy, E. S. Venkataramiah JJ)

                                                     24.04. 1984

                                                        ORDER

1. 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 First Scheduled the words "and who has retired
                  on or after October 1, 1974 " are unconstitutional and are stuck down. Omitting the
                  unconstitutional part it is declared that the Judges (including the Chief Justice) 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 form which the
                  liberalized pension became operative under the High Court Judges (Conditions of
                  Service) (Amendment) Act 1976 irrespective of the date of retirement and the hence
                  there is no question of payment of arrears of pension for the period preceding
                  October 1, 1974 ...

For the reason mentioned by the learned Judges of the Allahabad High Court in their Judgment we
agree with their conclusion and dismiss the special leave petition.

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