Case Note & Summary
The petitioner, K. Sreedhar Rao, retired as Acting Chief Justice of the Gauhati High Court after serving 14 months in that capacity. He filed a writ petition under Article 32 of the Constitution seeking a declaration that he is entitled to pensionary benefits applicable to a retired Chief Justice. The petitioner had initially elected pension under Part III of the First Schedule to the High Court Judges (Salaries and Conditions of Service) Act, 1954, but later clarified that he sought pension under Part I. The respondent, Union of India, rejected his claim, contending that Part III applied and that an Acting Chief Justice is equated to a Chief Justice only for salary purposes, not pension. The Supreme Court analyzed the relevant provisions: Article 223 and Second Schedule Part D para 11 of the Constitution, which include Acting Chief Justice within the definition of Chief Justice; Section 2(1)(a) and (g) of the 1954 Act; and Rule 7 of Part I of the First Schedule, which states that service as an Acting Chief Justice shall be treated as service as Chief Justice for the purposes of Part I. The Court held that the petitioner, having retired as Acting Chief Justice, is entitled to pension under Part I, with the higher ceiling applicable to Chief Justices. The Court rejected the respondent's argument that Rule 7 only aids computation, and distinguished the precedent in Union of India v. Syad Sarwar Ali (1998) 9 SCC 426, noting that in that case the judge retired as a puisne judge, not as Acting Chief Justice. The Court allowed the petition, directing the respondent to compute the petitioner's pension under Part I treating him as a retired Chief Justice.
Headnote
A) Constitutional Law - Acting Chief Justice - Pensionary Benefits - Article 223, Second Schedule Part D para 11, High Court Judges (Salaries and Conditions of Service) Act, 1954 - The petitioner, who retired as Acting Chief Justice, claimed pension as Chief Justice. The Court held that Rule 7 of Part I of the First Schedule treats service as Acting Chief Justice as service as Chief Justice for pension purposes, and Part III does not apply to those retiring as Acting Chief Justice. The Court allowed the petition, directing the respondent to compute pension under Part I treating the petitioner as a retired Chief Justice. (Paras 1-10) B) Service Law - Pension - Computation - Rule 7 Part I First Schedule, High Court Judges (Salaries and Conditions of Service) Act, 1954 - The Court interpreted Rule 7 to mean that service as Acting Chief Justice shall be treated as service as Chief Justice for the purposes of Part I, entitling the petitioner to the higher pension ceiling applicable to Chief Justices. The respondent's contention that Rule 7 only aids computation was rejected. (Paras 3-8) C) Interpretation of Statutes - Equivalence of Acting Chief Justice - Article 223, Second Schedule Part D para 11, High Court Judges (Salaries and Conditions of Service) Act, 1954 - The Court noted that the Constitution and the Act equate an Acting Chief Justice with a Chief Justice for salary and pension purposes, and the petitioner, having retired as Acting Chief Justice, is entitled to all benefits of a retired Chief Justice. (Paras 3-6)
Issue of Consideration
Whether a Judge who retires as an Acting Chief Justice of a High Court is entitled to pensionary benefits applicable to a retired Chief Justice under the High Court Judges (Salaries and Conditions of Service) Act, 1954
Final Decision
The Supreme Court allowed the writ petition, holding that the petitioner, who retired as Acting Chief Justice, is entitled to pensionary benefits as a retired Chief Justice under Part I of the First Schedule of the High Court Judges (Salaries and Conditions of Service) Act, 1954. The Court directed the respondent to compute the petitioner's pension accordingly.
Law Points
- Acting Chief Justice treated as Chief Justice for pension under Rule 7 Part I First Schedule of 1954 Act
- Part III not applicable to those retiring as Acting Chief Justice
- Constitutional equivalence under Article 223 and Second Schedule Part D para 11
