ORDER

In this writ petition, the question which arises for consideration relates to pension which is payable to a Judge who retires from this Court after having been appointed directly from the Bar. Similar question also arises with regard to Bar appointees to the High Courts.

2. Experience has shown that the Bar appointees especially, if they are appointed at the age of 50 years and above get lesser pension than the Service Judge appointees. It is to be seen that as far as the Constitution of India is concerned, it stipulates the manner of appointment of the Judges and provides what may be termed as the qualification required for their appointment. The Constitution contemplates appointment to the High Courts from amongst members of the Bar as well as from amongst the Judicial Officers. The Constitution does not provide for any specific quota. Till a few years ago in practice 66-2/3% of vacancies were filled from amongst members of the Bar and 33-1/3% from the Judicial Services. It is only in the Conference of 4th December, 1993, of the Chief Minister and the Chief Justices that it was decided that the number of vacancies from amongst the Judicial Officers "might go up to 40%". T