M.Katju, J. - (1.) Heard learned counsel for the petitioner and learned standing counsel.
(2.) The petitioner was an Advocate Practising in this Court and he was appointed as a Judge of this Court on 23.8.1990 and he retired on 7.10.1996. Thereafter, he was appointed as Presiding Officer. Industrial Tribunal (I) Allahabad on 11.8.1997 and he is still working on that post. The petitioner claims that his service as Presiding Officer of the industrial Tribunal should be added to his service as a High Court Judge for the purpose of calculating his pension. A further prayer has been made that the petitioner should be granted the same house rent and other allowances which are granted to the sitting Judges of this Court.
(3.) So far as the first prayer is concerned, in our opinion, the same has to be allowed. It may be pointed out that the petitioner was given appointment letter dated 11.8.1997 appointing him as Presiding Officer. Industrial Tribunal, Allahabad vide Annexure-1 to the petition. In this letter, it was mentioned that the petitioner's term and conditions will be intimated later on. Subsequently, letter dated 25.10.1997 was issued to the petitioner, copy of which is Annexure-3 to the petition. In this letter dated 25.10.1997, it is no doubt mentioned in clause (ii) that his term in the Industrial Tribunal will not be added for the purpose of pension but this letter was subsequently modified by the letter dated 10.3.1998 copy of which is Annexure-10 of the writ petition. This letter dated 10.3.1998 mentioned that the petitioner has been a Judge of the High Court and hence he will get the same salary and benefits which were available to him before retirement as High Court Judge. In our opinion, this means that the petitioner's service in the Industrial Tribunal will also have to be added to his service as High Court Judge for calculating pension.;