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1998 Supreme(Ker) 36

C.S.RAJAN
Justice M. M. Pareed Pillay – Appellant
Versus
Union of India – Respondent


Judgment :-

C.S. Rajan, J.

The petitioner had service of 11 years and 5 months as District Judge and as judge of the High Court 10 years, seven months and 17 days. The total judicial services of the petitioner is 22 years and 17 days. As per Ext. P-1 letter of the first respondent sanction for payment of Rs. 80.000/- was issued. The first respondent accepted the recommendation made by the Fifth Central Pay Commission in its interim report and ordered that with effect from 1.4.1995 dearness allowance as linked to the average All India Consumers' Price Index 1201.66 may be treated as dearness pay for reckoning emoluments for the purpose of retirement gratuity and death gratuity under the Central Service (Pension) Rules, 1972. The ceiling limit of gratuity was enhanced to R.2.5 lakhs. The fourth respondent addressed a letter to the first respondent as per Ext. P-3 stating that the petitioner would be eligible for Rs. 2,34,720/- as Death-cum-Retirement Gratuity as per the revised orders. This Court as per Ext. P-6 judgment, in the case of another retired Judge Sri. S. Padmanabhan held that the orders of the State Government pegging the retirement gratuity payable to a retired High Court










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