VidhiSangh

Supreme Court of India · 13/08/2018

K. ANBAZHAGAN & ANR. versus THE REGISTRAR GENERAL HIGH COURT OF MADRAS & ANR.

[2018] 10 S.C.R. 810 · 2018 INSC 697

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Summary

Five advocates appointed as ad hoc Fast Track Court judges challenged denial of retirement benefits. The Supreme Court held their appointments were in a pensionable judicial establishment and were not contractual. It awarded superannuation pension to two judges, compensation pension to three in the circumstances, and gratuity and earned-leave encashment to all five.

Issues

  1. Whether the judges’ ad hoc appointments were excluded from the pension rules as contractual or non-pensionable employment.
  2. Whether qualifying service and the circumstances of discontinuance supported pension and other retirement benefits.

Provisions considered

Held

Result

Appeals allowed and the High Court judgment set aside. Specified pensions, gratuity and earned-leave encashment directed within two months, with seven per cent simple interest on delayed payments. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 810.