N.L. Abhyankar and Others vs Union of India and Others

O. Chinnappa Reddy, J.—In view of our decision in Union of India Vs. Bidhubhushan Malik and Others, and for the reasons mentioned by the Allahabad High Court in Writ Petition No. 3281 of 1979 dated 2.3.1983 in the case of Bidhubhushan Malik and Ors. v. Union of India, which we have accepted as correct in SLP No. 9616 of 1983 just now dismissed by us we allow the writ petitions. The Judges of the High Court and of the Supreme Court will be entitled to the pensionary benefits under the amended Act of 1976 irrespective of the dates of their retirement. They will be so entitled with effect from 1.10.1974. Arrears of pension calculated under the provisions of the new Act will be paid to those to whom it is due within four months from today. In the case of Judges who have died after 1.10.1974 the amounts due will be paid to the legal heirs of the Judges within four months from today. The family pension due to the widows will be calculated under the provisions of the 1976 Amending Act and paid to them. Ad-hoc payments made, if any, will be adjusted while making such payments. The writ petitions are disposed of accordingly. What we have said about pensionary benefits does not apply to payment of gratuity.