JUDGMENT :

The petitioner, who retired from the post of Chairman of the Kerala Administrative Tribunal on 03.09.2015, is aggrieved by the condition fixed in Ext.P5 order in which Government ordered that pension and other benefits of the Chairman, Kerala Administrative Tribunal shall be fixed as follows:

“(i) An amount of Rs.34,350/-for each completed year of service i.e Rs.14,313/-(Rs.34,350 x 5/12) per month as pension with effect from 4.9.2015 and Rs.96,254/-for each completed year of service i.e Rs.40,218/-(Rs.96,254 x 5/12) per month as pension with effect from 1.1.2016 subject to the condition that the current pension and pre-pension taken together should not exceed 50% of the salary of the highest post he held while in service.

(ii) DCRG will be 10 days of salary for each completed service of six months subject to the condition that DCRG of pre-service and current service together should be limited to the maximum DCRG of High Court Judges.”

2. The grievance is as against the condition stipulated in clause (i) to the effect that the monthly pension would be subject to the condition that the current pension and pre-pension taken together should not exceed 50% of the salary of the h