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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Shailendra Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Dr Dhananjaya Y Chandrachud, CJI
Background
1. The jurisdiction of this Court under Article 32 of the Constitution has been invoked by eight judges of the High Court of Patna who are aggrieved by a communication dated 13 December 2022 issued by the Under Secretary to the Government of India in the Department of Justice of the Union Ministry of Law and Justice. The communication has been issued to the Senior Accounts Officer in the office of the Principal Accountant General (A&E) at Patna.
2. The petitioners were appointed as District Judges on 15 April 2010. Seven petitioners in the first of the two petitions, were appointed as Judges of the Patna High Court on 4 June 2022 while the sole petitioner in the second petition was appointed as a Judge of that High Court on 22 November 2023. On appointment as Judges of the High Court, their salaries and conditions of service were to be governed by the High Court Judges (Salaries and Conditions of Service) Act 19541[Act of 1954].
3. Chapter III of the Act governs salaries and pensions. Section 13A envisages that the Chief Justice of a High Court would be paid a salary of Rs 2,50,000 per mensem and that the salary of a Judge of a High
Pensionary benefits of High Court Judges – Once appointed to High Court, every Judge ranks at par – Once appointed, no distinction can be made between Judges for the purpose of payment of salary and ....
(1) Pensionary Benefits of Judges in Higher Judiciary – Union of India shall pay full pension of Rs.15,00,000/- per annum to a retired Chief Justice of High Court – Union of India shall pay full pen....
The main legal point established in the judgment is the entitlement of a former Judge of the High Court to blend her service periods and have her pensionary payments computed based on her last drawn ....
Retired Judges of High Courts are entitled to medical facilities on par with sitting Judges, affirming the need for legislative uniformity to uphold judicial independence.
Judges' pensions are a protected right under Article 125(7) of the Federal Constitution, and any alteration to the pension adjustment formula that disadvantages retired judges is unconstitutional.
Family pension is included in the definition of pension under the Judges Act, entitling the spouse of a retired Chairperson to claim it.
Article 229 (2) of Constitution of India nowhere prescribes or indicates any particular form in which rule should be framed nor does it prescribe any formality required to be gone through.
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