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1991 Supreme(SC) 40

M. H. KANIA, RANGANATH MISRA
M. L. Jain – Appellant
Versus
Union Of India – Respondent


ORDER:—Petitioner was a member of the Rajasthan Judicial Service and was elevated as a Judge of the Rajasthan High Court on July 1, 1975. He was transferred to the Delhi High Court from where he retired on July 21,1984. A dispute relating to, his pension became the subject-matter of a writ petition before this Court and was disposed of on April 9, 1985 : (1985 (2) SCC 355). This Court fixed his pension at Rs. 21,500 per annum.

2. In the meantime, certain changes in the High Court Judges (Conditions of Service) Act, 1954, were brought about, firstly, by Central Act 38/86 and again by Central Act 20/88. Petitioner applied to this Court in Civil Miscellaneous Petition No. 18044/88 asking for benefits under the Amending Act. This Court by its decision on August 18, 1988, refixed petitioners pension at Rs. 41,600 per annum with effect from January 1, 1986, and at Rs.46,100 per annum with effect from ments referred to above in view (1988 4 SCC 121). In paragraph 19 of this Courts order, it was stated:

" We refrain from expressing any opinion as to the effect of lifting of the ceiling on the special additional pension at Rs. 8000 per-annum placed by clause (b) of para 2 of Part III of the F
















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