B. D. AGRAWAL, J.:- Chapter III of High Court Judges (Conditions of Service) Act, 1954 (Act No.28 of 1954) provided for Payment of pension to High Court Judges. Section 14 of Chapter III of the aforesaid Act stated that every Judge shall, on his re- tirement, be paid a pension in accordance with the scale and provisions in Part I of the First Schedule.

2. Parliament amended this Act by High Court Judges (Conditions of Service) (Amendment) Act of 1976. The Amending Act came into force on March 18, 1976. The Amending Act was given some retrospectivity; Section 1 (2) there of provided that the Amending Act shall be deemed to have come into force on October 1, 1974. Inter alia, the Amending Act of 1976 amended the First Schedule of the parent Act. The amended Schedule liberalised the pension admissible to Judges and Chief Justices of High Courts. The following table shows the enhancement in pension :

Prior to Amendment After the Amendment

Paras. 2 to 5 Chief JusticeJudge Rs. 20,000/-Rs. 16,0000/-

Rs. 28,000/-Rs. 22,400/-

Para. 8

Chief Justice

Rs. 20,000/- Rs. 28,000/-

Para. 9

Judge

Rs. 6,000/- Rs. 8,400/-

3. Para 10 of the First Schedule introduced by the