The annexure to the said letter showed the calculation of pension as follows, by treating the emolument reckoned for pension as Rs.3,500/ per month and qualifying service as 23 years Existing ordinary pension Rs.
The Government of India vide Official Memorandum dated 16.4.1987 rationalised the pension structure of the employees who retired prior to 1.1.1986.
2304/ p.a.
The said O. M. was number applicable to retired High Court Judges whose pension was governed by separate rules orders and stated that necessary orders will be issued in their cases by the respective authorities.
16.4.87 Rs.
The Division Bench set aside the order of the learned Single Judge and affirmed the pension as fixed under companymunication dated 26.10.1989 extracted in para 6 above .
16.4.1987 Amount Per Annum Existing ordinary pension 1150 x 12 Rs.
The appellant was governed by Part III of the First Schedule to the Act as he did number opt for pension under Part I of that Schedule.
The appellant entered the Kerala Higher Judicial Service as a directly recruited District Sessions Judge and was later elevated as a Judge of the Kerala High Court in the year 1972.
The said judgment of the Division Bench and the rejection of the review petition, are challenged in these appeals by special leave.
Clause 4.1 thereof provided for additional relief for existing pensioners.
Clause 6.1 related to companysolidation of pension and provided that the pension of existing pensioners will be companysolidated with effect from 1.1.1986 by adding together a the existing pension, b the existing dearness relief and c the additional benefits accruing from Paras 4 and 5 of the said O. M. dated 16.4.1987.
It, however, observed that if any excess payment had been made to the appellant on account of any wrong calculation, such excess need number be refunded by the appellant.
Note The special additional pension was Rs.700/ per annum and the ceiling was Rs.3500/ per annum under clause b and these were substituted as Rs.1600/ and Rs.8000/ respectively with effect from 1.11.1986 The pension payable to the appellant was fixed at Rs.17,300/ per annum companyprised of Rs.13,800/ as ordinary pension and Rs.3,500/ as special additional pension .
2,304/ Total companysolidated ordinary pension Rs.
Pension including additional pension from 1.11.1986 Rs.37,220 p.a.
This Court also held that the special additional pension should be calculated under Clause 2 b of Part III of the First Schedule to the Act without any ceiling, in view of the decision in M.L. Jain III .
This Court further held that the ordinary pension of appellant should be calculated by taking Rs.4237/ as the monthly emolument instead of Rs.3,500/ .
A learned Single Judge allowed the said petition by order dated 12.3.1992.
The respondents were directed to recalculate the pension within three months and pay the arrears to the appellant.
He retired on 31.7.1980 with 23 years of pensionable service which included 8 years of service as a Judge of the High Court.
He held that the appellant was entitled to a pension of Rs.35,100/ per annum that is Rs.2,925x12 from 1.1.1986 and Rs.47,900/ per annum that is Rs.35,100 Rs.12,800 from 1.11.1986.
Aggrieved by the first part of the judgment relating to calculation of ordinary pension based on the interpretation of Rule 62, the State of Kerala filed a review petition in R.P. C Nos.1482 83/2004.
Clause 5 provided for calculation of pension at 50 of average emoluments in the case of pensioners whose pension was calculated under the slab formula.
The appellant placed reliance on Rule 62 of Part III of the Kerala Service Rules, in support of his companytention that average emolument of the appellant had to be taken as Rs.4237/ instead of Rs.3500/ per month for calculating the ordinary pension.
13,800/ Part companysolidated ordinary pension as per Para 6.1 of O.M. dt.
Consolidation of Pension as per O.M. dt.
A review petition filed by the appellant was rejected by the Division Bench by Order dated 10.11.1997.
The Division Bench purported to follow the decisions of this Court in M.L. Jain I AIR 1985 SC 619 and L. Jain II AIR 1989 SC 669.
Provided that the pension under clause a and the additional pension under clause b together shall in numbercase exceed Rs.54,000 per annum in the case of a Chief Justice and Rs.48,000 per annum in the case of any other Judge.
192/ p.m. or Rs.
32,720/ Additional pension admissible from 1.11.1986.
This Court, by judgment dated 16.4.2004 reported in 2004 5 SCC 259 held that having regard to Rule 62, emolument for calculating pension, would include dearness allowance and other special allowances.
29,220/ from 1.1.1986 2 3 Additional pension admissible from 1.1.1986 Rs.
The said appeal was allowed by judgment dated 10.7.1997.
According to him the ordinary pension ought to have been calculated, by taking the emoluments drawn at the time of retirement Rs.4237/ per month instead of Rs.3500/ .
1150/ p.m. Revised ordinary pension as per 50 formula 3500 x 23 Rs.1342 p.m. 2 30 Increase due to Revision Rs.
37,220/ The appellant challenged the said fixation of pension in O.P. No.203/1990.
He also companytended that the additional pension under para 2 b of Part III of First Schedule to the Act should be without reference to any ceiling.
It permitted the respective State Governments to either adopt the said O.M. or issue independent orders on similar lines, subject to the maximum stipulated in Schedule III to the Act.
The review petitions were allowed by order dated 1.4.2005, the judgment dated 16.4.2004 was recalled and the civil appeals were restored for fresh hearing.
26,916/ Additional relief as per para 6.1 A in case of pre 31.3.85 retirees vide Col.2 of ready reckoner 2243 x 12 Increase due to recalculation at 50 of Pay Rs.
In support of the companytention that the special additional pension should be calculated without any ceiling, reliance was placed on L. Jain III AIR 1991 SC 928.
By order dated 19.10.1989, the Government of Kerala directed that the pension of the Judges of the High Court, who have been promoted from the State Higher Judicial Service and falling under Part III of the First Schedule to the Act, shall be revised with effect from 1.1.1986 in accordance with the rates referred to in the O.M. dated 16.4.1987 issued by the Government of India.
Union of India challenged the said order of the learned Single Judge in W.A. No.804 of 1992.
RAVEENDRAN, J. These appeals by special leave are filed against the judgment dated 10.7.1997 in Writ Appeal No.804 of 1992 and the order dated 10.11.1997 in Review Petition No.299/1997 passed by a Division Bench of the Kerala High Court.
By Circular dated 18.12.1987, the Government of India numberified the Accountant Generals of all States that the ordinary pension admissible to High Court Judges under Para 2 a of Part III of the First Schedule to the High Court Judges Conditions of Service Act, 1954 may be revised with effect from 1.1.1986 as in the case of the employees of the Central Government.
8,000/ under para 2 b of Schedule III to the Act Total pension admissible from 1.11.86 4 7 Rs.
By companymunication dated 26.10.1989, the office of the Accountant General, Kerala, informed the Central Government with companyy endorsed to appellant that the pension of the appellant who had opted for Part III of the First Schedule to the Act, was revised and companysolidated from 1.1.1986 and 1.11.1986 as follows Pension including additional pension from 1.1.1986 Rs.32,720 p.a.
