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The Association of Retired Judges of the Supreme Court & High Courts v. Union of India

We have heard Shri P.P. Rao and Shri M.R. Calla, learned Senior Counsel appearing for the applicant/petitioner and Shri Ranjit Kumar, learned Solicitor General appearing for the Union of India.

(Ranjan Gogoi and N.V. Ramana, JJ.)


 


The Association of Retired Judges of the Supreme Court & High Courts __________________ Petitioner


 


v.


 


Union of India _______ Respondent


 


And in the Matter Of


 


The Association of Former Judges of the High Court of Delhi & Ors. ____ Applicants


 


I.A. 3/2015, decided on August 3, 2015


&


I.A. 4/2015


In


Writ Petition (Civil) No(s). 523/2002


 


The Order of the court was delivered by


Order


 


1. We have heard Shri P.P. Rao and Shri M.R. Calla, learned Senior Counsel appearing for the applicant/petitioner and Shri Ranjit Kumar, learned Solicitor General appearing for the Union of India.


 


2. Shri P.P. Rao, learned Senior Counsel has submitted that the direction by this Court for addition of ten years of service to the service of a judge of the High Court appointed from the Bar for the purposes of computation of his entitlement to pension is in the form of a self-operating direction contained in the judgment and order dated 31st March, 2014 passed by this Court in Writ Petition (Civil) No. 521 of 2002 and other connected matters.


 


3. Shri Ranjit Kumar, learned Solicitor General, on instructions received, has submitted that an amendment to the High Court Judges (Salaries and Conditions of Service) Act, 1954 would be required and for the said purpose a Bill is proposed to be laid before Parliament to introduce Section 14A to the Act. Shri Ranjit Kumar has further submitted that if circumstances permit the Bill will be introduced in the current session of Parliament itself. A copy of the Bill has also been laid before the Court.


 


4. As specifically Section 14A is proposed for incorporation in the High Court Judges (Salaries and Conditions of Service) Act, 1954 by way of an amendment to give effect to the judgment of this Court, we are of the view that the reliefs that would be due to the applicant-petitioners in terms of the judgment and order dated 31st March, 2014 passed in Writ Petition (Civil) No. 521 of 2002 and other connected matters should await the outcome of the legislative exercise. In this regard, we have received an assurance from Shri Ranjit Kumar, learned Solicitor General that the matter will be expedited and dealt with with utmost expedition.


 


5. I.A. Nos. 3 and 4 of 2015 in Writ Petition (Civil) No. 523 of 2002 shall stand closed. The Union of India shall act in terms of the assurance given before the Court.


 


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