B.N.AGARWAL, G.B.PATTANAIK, S.N.PHUKAN
V. S. Mallimath – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Pattanaik, J.-This petition under Article 32 is by the retired Chief Justice of High Court of Kerala. The grievance of the petitioner is that he has been illegally denied of certain monetary benefit when he served as a Member of the National Human Rights Commission. It is the case of the petitioner that after retiring as the Chief Justice of the Kerala High Court on 11th June, 1991, he was appointed as Chairman of the Central Administrative Tribunal on 5.12.1991. On his retirement from the Tribunal he was appointed as a Member of the National Human Rights Commission on 14.9.94 and continued there till he attained the age of 70 years. While he was continuing as a Member of the National Human Rights Commission he was not granted full salary, which he was entitled to under the relevant Rules, and on the other hand deductions were made under the Proviso to Rule 3 of the Rules. The contention of the petitioner is that the said Proviso will have no application. The further grievance of the petitioner is that on his retirement from the Commission he was entitled to retiral benefit of gratuity for the period he rendered service as a Member of the National Human Rights Commission, b
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