- (1.) The petitioner is a retired Judge of this High Court. He was elevated to the Bench from bar by warrant issued by the President on July 11, 1985. When he retired as Judge of this High Court on attaining the age of 62 years on March 18, 1989, he received an amount of commuted pension of Rs. 72,056/ -. On the commuted value of pension equal to Rs. 7875.00 per annum, the petitioner's pension has been fixed at Rs. 15,750/ - per annum (Rs. 1312.00 per month). The petitioner has challenged the constitutional validity of the provisions of Section 14 of the High Court Judges (Conditions of Service) Act, 1954. The petitioner has also prayed that the respondents be directed to fix equal amount of pension to all the retiring Judges on the basis of principle of one rank one pension and in the alternative, it hat been prayed that a minimum pension of the amount of Rs. 15,750.00 per annum (Rs. 1312.00 per month) fixed is grossly inadequate and it may be held to be illusive and violative of Articles 21 and 221 of the Constitution of India.
(2.) The petition has been resisted by the respondents. Detailed affidavits in reply have been field on behalf of respondents Nos. 1 and 3 i.e. Union of India and the Attorney General of India.
(3.) Section 14 of the High Court Judges (Conditions of Service) Act, 1954 (for short 'the Act') reads as follows: - "14. Pension payable to Judges - Subject to the provisions of this Act, every Judge shall, on his retirement, be paid a pension in accordance with the scale and provisions in part-I of the First Schedule: Provided that no such pension shall be payable to a Judge unless- (a) he has completed not less than twelve years of service for pension; or (b) he has attained the age of sixty two years; or (c) his retirement is medically certified to be necessitated by ill health: Provided further that if a Judge at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service in the Union or a State, the pension payable under this Act shall be in lieu of, and not in addition to, that pension.";