The Government of India number having agreed with the stand taken by the appellant, he moved the High Court as stated above and in his petition challenged the validity of the second proviso to section 14 of the 1954 Act as also of clause a of section 15 thereof read with Part II of the said First Schedule.
From the Judgment Order dated 29 6 1970 of the Gujarat High Court in SCA No.
278 of 1972.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
M. Abdul Khader, J. L. Jain and Miss A. Subhashini for the Respondent.
The Judgment of the Court was delivered by KOSHAL, J. This is an appeal by certificate granted by the High Court of Gujarat under article 133 1 c of the Constitution of India and is directed against its judgment dated 29th June 1970 dismissing a petition under article 226 of the Constitution in which the appellant, who began his career as a member of the Indian Civil and was ultimately appointed a High Court Judge, prayed for the issuance of appropriate writs to ensure that he was granted two pensions independently of each other, one in relation to his service as a High Court Judge and the other for the service rendered by him prior to his appointment as such.
46/68.
Appellant in person.
On the 6th October 1932 the appellant was appointed by the Secretary of State for India to the Indian Civil Service and was allotted to its Bombay cadre.
The stand taken by the appellant was that he was number bound to exercise any option and that pension in relation to his service as a High Court Judge was payable to him under section 14 of the 1954 Act read with Part I of the said First Schedule.
He was appointed Additional Judge of the Bombay High Court on the 12th June 1959 and on bifurcation of the State of Bombay on the 1st May 1960 became an Additional Judge of the High Court of Gujarat wherein he was made a permanent Judge on the 5th April 1961 and companytinued to serve as such till 10th February 1969 on which date he submitted his resignation from and relinquished charge of his office Through a letter dated 28th May 1966 addressed to the Registrar of the High Court of Gujarat, the Accountant General, Gujarat requested the appellant to exercise his option in accordance with the proviso to section 15th of the high Court Judges Conditions of Service Act, 1954 hereinafter called the 1954 Act and to intimate whether he would receive his pension under Part I or Part II of the First Schedule to that Act.
The facts leading to the petition decided by the impugned judgment are number in dispute and may be shortly stated.
