JUDGMENT

V. RAMASWAMI, J.:- The respondent was elevated as Judge of the Allahabad High Court on November 17, 1977. He retired on October 3, 1983 on superannuation at the age of 62. He had elected to receive his pension under Part I of the First Schedule to the High Court Judges (Conditions of Service) Act, 1954. As he had put in only a period of five years 10 months and 17 days service as a Judge of the High Court, under Paragraph 9, Part I of the First Schedule pension payable was determined at the rate of Rs. 8,400/ - per annum and the family pension in the event of his death earlier than his wife at Rs. 250 per month in the letter of Accountant General, Allahabad dated December 2, 1983. The gratuity was worked out at Rs. 11,666.66 P in lump-sum under S. 17A(3) also on the ground that he had put in only five completed years of service. The pension was payable with effect from October 4, 198.3. The Act was amended by the Amending Act No. 38 of 1986 providing for an increased pension with effect from November 1, 1986. On December 10, 1986 the petitioner filed a writ petition before the Allahabad High Court under Article 226 of the Constitution praying for an order or directions decl