VidhiSangh

Supreme Court of India · 06/09/2019

K. SREEDHAR RAO versus UNION OF INDIA THROUGH SECRETARY, MINISTRY OF LAW & JUSTICE, NEW DELHI

[2019] 12 S.C.R. 81 · 2019 INSC 1012

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Summary

A judge who retired while serving as Acting Chief Justice claimed the pensionary benefits and ceiling applicable to a retired Chief Justice. Reading the pension rules together, the Court held that acting service attracted the Chief Justice rate for that period of computation but did not confer the substantive status or higher pension ceiling. The petition was dismissed without deciding whether the petitioner could change his earlier pension election.

Issues

  1. Whether retirement as Acting Chief Justice conferred the pension ceiling of a retired Chief Justice.
  2. What effect the rule deeming acting service to be Chief Justice service had on pension computation.

Provisions considered

Held

Result

The writ petition and claim for a declaration of entitlement to a retired Chief Justice’s pensionary benefits, including the higher ceiling, were dismissed.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 81.