JUDGMENT

Nanavati, J.-The respondent who retired as the Chief Justice of the High Court of Punjab and Haryana on 31.12.89 was enrolled as an advocate on 27.1.59, appointed as District and Sessions Judge on 20.11.68 and then as a Judge and the Chief Justice of Punjab and Haryana High Court on 14.12.77 and 4.10.89 repectively. On his retirement he elected for computation of his pension under Part III of the Ist Schedule to the High Court Judges (Conditions of Service) Act, 1954. According to the provisions contained in Part III, pension of the Judge has to be determined in accordance with the rules of his service. The rules which applied to his are the Punjab Superior Judicial Service Rules, 1963. His pension was, therefore, fixed in accordance with the said rules. On 20.2.90, Rule 16 of the said Rules was amended by the Government of Punjab and it was provided that in case of a direct recruit to the Punjab superior Judicial Service the actual period of practice at the bar not exeeding 10 years shall be added to his service qualifying for superannuation pension and other retirement benefits. In view of this amendment the respondent claimed that being a direct recruit to the punjab S