JUDGMENT

A. K. Patnaik, J.-Leave granted.

2. I have read the judgment of my learned brother Justice Swatanter Kumar but with due respect to his learning I am unable to persuade myself to agree with his conclusion that the appeals have no merit and with the directions in his judgment. In my view, the appeals should be allowed and the impugned orders of the High Court should be set aside for reasons which I shall indicate after setting out the facts.

3. The facts very briefly are that Section 23D of the High Court Judges (Salaries and Conditions of Service) Act, 1954 (for short “the Act”) provides for medical facilities for retired Judges. Subsection (1) of Section 23D provides that every retired Judge shall be entitled for himself and his family to the same facilities as respects medical treatment and on the same conditions as a retired officer of the Central Civil Services, Class-I and his family, are entitled under any rules and orders of the Central Government for the time being in force. A retired officer of the Central Civil Services, Class-I and his family are entitled to medical facilities under the Central Government Health Scheme (for short “the CHGS Scheme”). Justice S.C. Malte and four other retired Judges who after retirement were residing in Aurangabad, Maharashtra, addressed a letter to the Chief Justice of the Bombay High Court mentioning therein the difficulties of the retired Judges in getting the medical facilities under the CGHS Scheme including the fact that the facilities thereunder were provided at only three cities in Maharashtra, namely, Mumbai, Nagpur and Pune. This letter was treated as suo motu Writ Petition No.6285 of 2005 and an order was passed by the High Court on 17.07.2006 directing the Government of Maharashtra to frame rules for medical treatment and reimbursement of retired Judges of the Bombay High Court. The Government of Maharashtra drafted the Maharashtra Retired High Court Judges (Facilities for Medical Treatment) Rules, 2006, pursuant to the order dated 17.07.2006 of the Bombay High Court and placed the Draft Rules of 2006 before the High Court. The amicus curiae appearing for the suo motu writ petitioners, however, suggested a change in the Draft Rules of 2006 and the change was that the retired Judges shall be entitled to the medical facilities and reimbursement provided in the Draft Rules whenever the CGHS Scheme is not availed of and the High Court disposed of the writ petition by order dated 15.01.2007 with the direction to the State Government to either notify the Draft Rules in the form suggested by the amicus curiae or amend the G.R. for medical benefits to sitting Judges and extend the same benefits also to the retired Judges in exercise of its power under sub- section (2) of Section 24 of the Act. The Government of Maharashtra (the appellant herein) then filed Civil Application No. 73 of 2008 for review of the order dated 15.01.2007, but by order dated 22.04.2008 the High Court rejected the prayer for review and directed the State Government to comply with the order dated 15.01.2007 of the High Court within two months. Aggrieved, the appellant filed this appeal against the order dated 15.01.2007 passed in suo motu writ petition No.6285 of 2005 and the order dated 22.04.2008 rejecting Civil Application No.73 of 2008.

4. Section 23D of the Act which is titled “Medical facilities for retired Judges” is extracted hereinbelow:

“23D(1) Every retired Judge, shall, with effect from the date on which the High Court Judges (Conditions of Service) Amendment Act, 1976, receives the assent of the President be entitled for himself and his family, to the same facilities as respects medical treatment and on the same conditions as a retired officer of the Central Civil Services, Class-I and his family, are entitled under any rules and orders of the Central Government for the time being in force.

(2) Notwithstanding anything in sub-section (1) but subject to such conditions and restrictions as