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SUPREME COURT
Swatanter Kumar, J
Secretary Ministry of Health and Family Welfare Government of Maharashtra v. S. C. Malte and Others
Headnote: Read headnote
1.Leave granted.
2. I have read the judgment of my learned brother Justice Swatanter Kumar but with due respect to his learning I am unable to persuade myself to agree with his conclusion that the appeals have no merit and with the directions in his judgment. In my view, the appeals should be allowed and the impugned orders of the High Court should be set aside for reasons whichI shall indicate after setting out the facts.
3. The facts very briefly are that S.23D of the High Court Judges (Salaries and Conditions of Service) Act, 1954 (for short “the Act”) provides for medical facilities for retired Judges. Sub-section (1) of S.23D provides that every retired Judge shall be entitled for himself and his family to the same facilities as respects medical treatment and on the same conditions as a retired officer of the Central Civil Services, Class - I and his family, are en
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.
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 High Court cannot order compulsory retirement of judicial officers; such authority rests with the Governor based on the High Court's binding recommendations after assessment of fitness for servic....
The Chief Justice's recommendations for pay scales under Article 229 must be approved by the state unless there are strong reasons for refusal, emphasizing the principle of equal pay for equal work.
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.
The court upheld the legitimacy of a judicial officer's premature retirement based on performance evaluation, emphasizing the absence of necessity for a hearing and the subjective satisfaction of the....
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 ....
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