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H. K. SEMA, R. V. RAVEENDRAN
N. D. P. NAMBOODRIPAD (DEAD) BY LRS. – Appellant
Versus
Union Of India – Respondent
Judgment
R.V. RAVEENDRAN, J. - These appeals by special leave are filed against the judgment dated 10 - 7 - 1997 in Writ Appeal No. 804 of 1992 and the order f: dated 10 - 11 - 1997 in Review Petition No. 299 of 1997 passed by a Division Bench of the Kerala High Court.
2. The appellant entered the Kerala Higher Judicial Service as a directly recruited District and Sessions Judge and was later elevated as a Judge of the Kerala High Court in the year 1972. He retired on 31 - 7 - 1980 with 23 years of pensionable service which included 8 years of service as a Judge of the High Court. At the time of his retirement, the appellant was in receipt of a total emolument of Rs 4237 comprising basic pay of Rs 3500, dearness allowance of Rs 437 and special allowance of Rs 300.
3. The pension payable to the High Court Judges is governed by Chapter III of the High Court Judges (Conditions of Service) Act, 1954 (for short "the Act"). Clause (b) of sub - section (1) of Section 15 provides that every Judge who was not a member of the Indian Civil Service but has held any other pensionable post under the Union or a State, shall, on his retirement, be paid a pension in accordance with the scale and pr
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