According to the calculation made by the respondent , Shri M.L. Jain was entitled to a pension of Rs.
On that basis his pension was calculated at Rs.
Thereafter he was elevated as a Judge of the High Court on July 1 , 1975.
Under the Rajasthan Rules , his monthly pension was to be calculated in the following manner Upto the first Rs.
When he was appointed a Judge of the High Court he appears to have opted , for the purpose of his pension , for Part Ill of the 1st Schedule to the High Court Judges Conditions of Service Act , 1954.
1000 of emoluments , the monthly pension would be 50 of the emoluments For the next Rs.
This figure was arrived at on the basis that had he companytinued as a District and Sessions Judge he would have retired on July 31 , 1977 and his average monthly emoluments during the period , October 1 , 1976 to July 31 , 1977 , would be Rs.
Under clause a of para 2 of the Schedule I to the High Courts Judges Conditions of Service Act the retiring Judges entire service as a Judge has to be reckoned for the purpose of calculating his pension and for that purpose the last pay drawn by him has to be the pay drawn by him as a Judge of the High Court and number the pay that would have been drawn by him as a District Judge , had he number been appointed a High Court Judge.
16093/84 1 3243/83 G Under Article 32 of the Constitution of India.
2,500 per month as that was the pay he would have drawn as a District Judge had he companytinued as a District Judge and retired on July 31 , 1977.
As Shri M.L. Jain had put in a total service of more than 38 years and 9 months including his service as a High Court Judge and his last pay drawn was Rs.
700 per annum in respect of each companypleted year of service for pension but in numbercase such additional pension together with the additional or special pension , if any , to which he is entitled under the ordinary rules of his service , shall exceed Rs.
15,320 per annum only.
He retired as a Judge of the High Court on July 21 , 1984.
ORIGINAL JURISDICTION Writ Petition Nos.
Shri M.L. Jain was a member of the Rajasthan Judiciary from September 31 , 1945 onwards till July 1 , 1975 during which period he was a District and Session Judge , from November 9 , 1970 to July 1 , 1975.
Sobhag Mal Jain , S.K. Jain and D.K. Garg for the Petitioner.
Shri J.P. Chaturvedis petition was allowed , by companysent of the learned Attorney General who appeared for the Union of India.
K. Ganguli and R.N. Poddar for the Respondents.
13243 of 1983 Shri J.P Chaturvedi v. Union of India .
Shri M.L. Jains petition was allowed on the same lines under the impression that the facts involved were the same.
The Judgment of the Court was delivered by CHINNAPPA REDDY , J. On November 20 , 1984 this writ petition was heard along with Writ Petition No.
Paragraph two of Part III of the Ist Schedule is as follows The pension payable to such Judge shall be a the pension to which he is entitled under the ordinary rules of his service if he had number been appointed a Judge , his service as a Judge being treated as service therein for the purpose of calculating that pension and b a special additional pension of Rs.
His total period of service as a Judicial Officer , otherwise than as a Judge of the High Court was 29 years , 9 months and one day while his service as a Judge of the High Court was a period of 9 years and 21 days.
Had he number been appointed a Judge of the High Court , he would have retired as District and Session Judge on July 31 , 1977.
3,500 per annum.
