Hemant Gupta, J. - (1.) THE petitioner is a former Judge of this Court, now represented by his wife andhter. The challenge in the present writ petition is to declare the proviso to Para 2 (b) of Part III of the First Schedule of the High Court Judges (Conditions of Service Act), 1954 (hereinafter to be referred as "the Act") which fixes the maximum limit of pension of a retired Judge of a High Court, as ultra vires Articles 14 and 16 of the Constitution of India being arbitrary and discriminatory.
(2.) THE petitioner joined Punjab Civil Services (Judicial) on 25.4.1951. He was promoted as Additional District Judge on 12.11.1969 and elevated as a Judge of this Court on 2.2.1983. The petitioner attained the age of superannuation on 15.10.1987. The case of the petitioner is that Para 2 (b) of Part III of First Schedule of the Act provides for special additional pension of Rs. 1600/ -per annum in respect of each completed year of service for pension but maximum limit is Rs. 8000/ -per annum. Apart from the said limit, by virtue of proviso, the maximum limit of pension and additional pension is Rs. 48,000/ -per annum. The challenge by the petitioner is to both the maximum limits fixed under the aforesaid provisions.
(3.) SECTION 15 of the Act deals with pension payable to a Judge who is not a member of the Indian Civil Service but has held any other pensionable post under the Union or a State. Such pension is payable in accordance with the scale and provisions of Part III of the First Schedule. Part III of the Schedule, as it existed on the date of retirement of the petitioner, reads as under: PART III 1. The provisions of this part apply to a Judge who has held any pensionable post under the Union or a State ( but is not a member of the Indian Civil Service ) and who has not elected to receive the pension payable under Part I. 2. The pension payable to such a Judge shall be: (a) The pension to which he is entitled under the ordinary Rules of his service if he had not been appointed as a Judge, his service as a Judge being treated as service therein for the purpose of calculating that pension; and (b) a special additional pension of Rs. 1600/ -per annum in respect of each completed year of service for pension but in no case such additional pension together with the additional or special pension, if any, to which he is entitled under the ordinary Rules of his service shall exceed Rs. 8000/0 -per annum. Provided that the pension under Clause (a) and the additional pension under Clause (b) together shall in no case exceed Rs. 54000/ -per annum in the case of a Chief Justice and Rs. 48000/ - per annum in the case of any other Judge.;