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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
N.K. Sud – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer:
1. The petitioners have filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking quashing the impugned order dated 18.08.2022 (Annexure P-9) issued by Respondent No.1, being illegal, arbitrary, and in violation of their constitutional rights and further directing the respondents to pay the petitioners the full salary and arrears due during their tenure as Lokayukta, Haryana, at par with a Judge of the High Court without deduction of pension, along with interest @12% from the date of assumption of office, and to ensure full pensionary benefits as Lokayukta in accordance with law.
The conspectus of Facts:
2. The petitioners are former Judges of this Court. Petitioner No.1 was appointed as Lokayukta for the State of Haryana under the Haryana Lokayukta Act, 2002 (in short as “2002 Act”), vide warrant of appointment dated 13.01.2006 and assumed charge on 16.01.2006. Petitioner No.2 was similarly appointed vide warrant dated 19.01.2011 and assumed charge on the same day, each for a fixed tenure of five years. At the time of their appointment, both petitioners were drawing pension as retired High Court Judges.
3. Unde
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 ....
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 ....
(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....
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.
The state legislature possesses the constitutional competence to enact laws providing pensionary benefits to former members of the legislative assembly. The absence of an express provision for pensio....
Family pension is included in the definition of pension under the Judges Act, entitling the spouse of a retired Chairperson to claim it.
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