L 152 Sup CI/73 After the dismissal of the Writ Petitions of Shri B. Malik and Shri N. C. Desai by the Allahabad High Court Shri Nara simham is stated to he approached the Home Secretary in the matter of payment of his pension and to have tried to distinguish his case from those of Shri Malik and Shri Desai.
to Shri Narasimham.
Having failed to get the desired relief from the Government Shri Narasimham filed the present writ petition in November, 1970.
K. Daphtary, S. C. Manchanda, A. K. Nag and Sapna Ghosh for the appellant.
630 of 1970 K. Daphtary, B. P. Singh and D. N. Misra for the petitioner.
Apart from questioning the companyrectness of the aforesaid judgment of the Allahabad High Court he also tried to distinguish his case from the cases of the other two Chief Justices.
C. Setalvad, M. C. Bhandare, B. Sen, R. N. Sachthey and P. Nayar for the respondents.
The Government, however, decided to calculate his pension in accordance with the scale and the provisions of the 1954 Act which provide for payment of pension in terms of rupees without any reference to pound sterling or to its current rate of exchange into rupees.
order or direction directing the opposite party No.
per month by the Accountant General of U.P. This payment order was addressed to the Treasury Officer, Allahabad.
According to the petitioner the amount of pension calculated in accordance with the terms of the 1937 Order being more favourable to him than the amount determined under the 1954 Act, he was entitled to receive pension under the former.
Civil Appeal for 2165 of 1970.
In April 27, 1972 Shri Narasimham was permitted to file additional written arguments on two points which, according to his representation, he had number fully developed in his earlier oral address.
Indeed, it is so admitted by him in Para 6 of his rejoinder affidavit dated February 12, 1969 though it is stated in Para 5 thereof that he had at that time number thought of the question as to what his pension would be, under the 1937 Order and in Para 7 thereof that there was numberquestion of the exercise of any option between the 1937 Order and the 1954 Act, the option being companyfined as between Part I and Part II of the First Schedule of the 1954 Act.
2165 of 1970 Shri M. C. Desai vs. Union of India because they raise companymon questions of law.
24,724.56 ps.
These cases were originally heard in November, 1971 by a Bench of which our late brother Roy J., was a member.
Appeals by certificate from the judgment and order dated September 10, 1967 of the Allahabad High Court in Civil Misc.
2065 of 1970 Shri B. Malik vs. Union of India anr.
The relevant facts of the three cases may number be briefly stated P. No.
2065 of 1970 Shri B. Malik was an Advocate of the Allahabad High Court when he was appointed a Puisne Judge of that High Court in 1944 and was appointed Chief Justice of the same Court on December 15,.1947.
Civil Appeal No.
On January 4, 1965 he was appointed Chief Justice of the Patna High Court from where he retired on August 2, 1968.
On July 26,1948 when India was a Dominion under the Indian IndependenceAct,1947 he was appointed a Puisne Judge of the Orissa High Court and on March 31, 1956, after the enforcement of the High Court Judges Conditions of Service Act, 28 of 1954 hereinafter called the 1954 Act , enacted by the Parliament as provided in Art.
2165 of 1970 Shri Gupta adopted the arguments addressed in the other two cases.
Soon after his retirement he was appointed a Member of the Law Commission on August 2, 1968.
1 Union of India to pass suitable orders enabling the petitioner to draw his pension at the Treasury in England in sterling c a writ, order or direction.
1,666.65 per mensem Rs.
His option reads In pursuance of the proviso to section 15 of the High Court Judges Conditions of Services Act, 1954 I, R. L. Narasimham, I.C.S., Chief Justice of the Patna High Court, hereby elect to receive the pension payable to me u nder Part I of the First Schedule to that Act.
A Full Bench of the Allahabad High Court, by a companymon order dated September 10, 1969, dismissed both the Petitions of Shri Malik and Shri Desai.
The order companymuting his pension, according to his writ petition, was passed in October, 1966 which was obviously after the devaluation of the Indian rupee.
According to his submission at the time of his appointment he was governed by the Government of India Act, 1935 and by virtue of Section 221 of that Act, Art.
2,060.38 ps.
2165 of 1970 Shri M. C. Desai having joined the Indian Civil Service in December, 1925 was appointed an Additional Judge of the Allahabad High Court on December 13, 1948.
Both Shri Malik and Shri Desai applied to the Allahabad High Court under Art.
The Accountant General on March 17, 1967 sent a reply starting that he companyld only fix the amount of pension as sanctioned by the President of India.
He retired as Chief Justice of that Court on January 11, 1956.
the Union of India to refix his pension in accordance with the provisions of the Government of India High Court Judges Order, 1937 in sterling and then to companyvert the same into rupees at the present rate of exchange, b a writ.
C. Chagla, S. C. Manchanda, J. P. Goyal and G. N. Wantoo and R. A. Gupta, and M. C. Setalvad for the appellant.
118260 for Rs.
Sen, R. M. Mehta and S. P. Nayar for the respondents.
The exercise of this option it made without prejudice to my right to claim pension in pound sterling under the provisions of the High Court Judges Order, 1937 to be companyverted into rupees at superannuation if it will be more favourable time.
32 of the Constitution and Shri S. C. Manchanda addressed arguments on behalf of Shri Malik in C.A. No.
Under Article 32 of the Constitution of India for the enforcement of fundamental rights.
ORIGINAL CIVIL APPELLATE JURISDICTION Writ Petition No.
Civil Appeal No.
His main prayer was that he was entitled to be paid his pension in rupees by calculating it initially as payable in pounds sterling and then companyverting the sterling into rupees at the current rate of exchange prevailing at the time of payment vide last part of Para 16 of his writ petition and last part of para 3 of his rejoinder affidavit .
and iii C.A. No.
883/ out of the pension of Rs.
His right to receive pension in terms of the 1937 Order has been preserved, claims Shri Malik, and it is added that he is entitled to be paid the equivalent of his pension expressed in pounds in terms of Indian currency calculated at the prescribed exchange rate when pension is paid to him in India.
per mensem and Rs.
630 of 1970 Shri R. L. Narasimham vs. Union of India anr.
PAI SA/5990 dated February 6, 1967, and ii to issue an order, direction or writ in the nature of mandamus directing the Accountant General, Allahabad to issue a fresh PPO for Rs.
AND Civil Appeals Nos.
ii C.A. No.
Writ Petitions Nos.
Writ Petition No.
630 of 1970.
The prescribed rate of exchange, according, to the submission, must be current market rate of exchange.
Sen, R. M. Mehta, R. N. Sachthey, S. P. Nayar, B. D. Sharma for respondents Nos.
630 of 1970 Shri Narasimhan, petitioner in W.P. No.
R. L. Narasiniham 2 7 68 On October 9, 1968 as per annexure F to Shri Narasimhams writ petition the Accountant General, Bihar, intimated to the Accountant General, Central Revenues, New Delhi and also among others, to Shri Narasimham, the sanction of the Government of India with respect to the payment of Rs.
20,000/ p.a.
Unfortunately before the judgment companyld be announced Roy J., died with the result that these cases were set down for hearing before the present Bench.
On behalf of Shri Desai in C.A. No.
15,590.00 per annum.
In reply the Union of India was permitted to file written arguments by May 5, 1972.
Obviously Shri Desai had elected to receive pension under Part I as provided by the proviso to s. 15 of that Act.
221 of the Constitution and s. 25 of the 1954 Act, his right in respect of pension companyld number be varied to his disadvantage after his appointment.
He was appointed Chief Justice of the same Court on January 17, 1961, after the 1954 Act had companye into force, and retired as Chief Justice of that Court on February 25, 1966.
Sometime prior to the actual date of his retirement the question of determining the exact amount of pension in rupees payable to the petitioner arose.
The Judgment of the Court was delivered by Dua, J. This judgment will dispose of three cases i W.P. No.
2065 of 1970.
The pension payment order was actually issued to him for payment of pension of Rs.
87,219.80 ps.
with the result that his pension payment order was revised by the Accountant General, U.P., and the balance of the pension payable to him was fixed at Rs.
2065 of 1970.
On June 6, 1965 Indian rupee was devalued and on November 18, 1967 English pound was devalued.
2065 2165 of 1970.
On January 19, 1967 he wrote to the Accountant General of U.P. pointing out that his pension was to be expressed in sterling and then companyverted into rupees at a rate of exchange fixed by the Government of India.
directing the opposite party No.
B. Dadachanji, O. C. Mathur, Ravinder Narain, P. C. Bhabpatai.
He became a permanent Judge of that Court on January 24, 1950.
Shri Desai thereupon wrote, to the Secretary, Ministry of Home Affairs, Government of India, New Delhi on May 9, 1967 for either refixing his pension in rupees after taking into companysideration the effect of devaluation of the rupee or for making an order of payment of pension to him in sterling in England.
93,062.75 being the companymuted value of Rs.
3006 of 1967 and 1646 of 1948.
630 of 1970 joined the Indian Civil Service on October12, 1931 and he was assigned to Bihar Cadre.
The President sanctioned a sum of Rs.
The petitioner did number claim that he was entitled to receive his pension in pounds sterling under the provisions of the Government of India High Court Judges Order, 1937 hereinafter called the 1937 Order .
His prayer was rejected by the Home Ministry on April 20, 1968.
In Shri Maliks writ petition prayers were made inter alia that the High Court be pleased i to issue an order, direction or writ in the nature of certiorari and quash the order of the Accountant General U.P., Allahabad expressed in his letter No.
221 2 , he was appointed Chief Justice of that High Court.
p.m. and Rs.
Shri Desai prayed for a a writ, order or direction to.
In that letter he claimed payment of pension under paragraph 933A of the Civil Service Regulations.
M. Lal and E. C. Agarwala for the intervener Kirshna Prasada C. Agarwala for the intervener I. M. Lal Civil Appeal No.
In March, 1968 he represented his case to the Minister of Home Affairs in which he tried to distinguish his case from that of Shri Malik whose writ petition was at that time pending in the Allahabad High Court.
1 and 2.
1,299.10 ps.
Shri Narasimham and Shri Desai had originally joined the Indian Civil Service and were appointed first as puisne Judges and then as Chief Justice of their respective High Courts.
1 to recalculate the amount of his pension that has been companymuted in accordance with the provisions of the Government of India High Court Judges Order, 1937 according to the present rate of exchange and to pay to the petitioner the difference between the said amount and the amount already paid to him.
On July 12, 1966 Shri Desai got companymuted half of his pension with effect from that date and received in lieu thereof Rs.
per annum in view of the devaluation of the Indian rupee in supersession of PPO No.
1,611.65 ps.
226 of the Constitution the former in August, 1967 and the latter in May, 1968.
