Retired judge wins case over pension

A retired high court judge got relief from the high court as it granted him more pension from the beginning of his 80th year as sought by him.

RG Desai, a high court judge, retired on January 1, 1989. Since then, he has been drawing pension from the high court according to the High Court Judges (Salaries and Conditions of Service) Act 1994. But Desai filed a petition seeking additional pension from January 1, 2006 when he turned 80.

He contended that an amendment of the act, after incorporating section 17(B), specified that a retired judge was entitled to an additional 20% of the basic pension from the beginning of his 80th year to less than 85 years.

Pursuant to this amendment, Desai received a communication from the office of the principal accountant general on December 3, 2009 showing 20% rise in pension from the age of 81 to 85 from January 1, 2007 to December 31, 2011.

 Desai sought quashing of the endorsement on December 3, 2009 saying that he was entitled for the additional pension from January 1, 2006 — and not January 1, 2007 — when he had completed 79 years.

 “The object of inserting 17(B) of the act is to provide additional quantum of pension to mitigate old age sickness and dependency. This is a social piece of legislation. An aged man shall enjoy the benefit under the section 17(B) of the act at the earliest point of time,” the high court said.

 “The words ‘from 80 years to less than 85 years’ in the section make it clear that it is from the commencing point of the 80th year of a retired judge that he is entitled for 20% of additional quantum of pension for a period of five years, this is up to the end of the 84th year. Therefore, this benefit is extended from the first day of the 80th year and not from the first day of the 81st year,” it said.