TMI Blog2004 (4) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... was elevated as a Judge of the High Court of Kerala in 1972. He retired from service with 23 years of pensionable service; 8 years of which he served as a High Court Judge. The Pension and other benefits of High Court Judges are determined on the basis of Part III of the 1st Schedule of the High Court Judges (Conditions of Service) Act, 1954, as amended by the Amending Acts, 1986 and 1988. In accordance with these provisions, the basic pension payable to the Appellant was fixed at ₹ 17,300/- p.a. The U.O.I. issued order O.M. dated 16.04.1987 rationalizing the pension structure of employees who retired before 1.1.1986. It is also stated in the said order that separate orders vis- -vis the Pension of the retired High Court and Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court of Kerala. The Division Bench vide judgment dated 10.07.1997 allowed the appeal, inter alia, holding that the method used by the U.O.I. in calculating the pension was quite correct and held that the method used by the learned Single Judge in calculating the pension by adding the figures under clauses (a) and (b) of para 2 of Part III of the 1st Schedule of the Act in order to find out the amount of revised pension, was not correct. Aggrieved, the appellant filed Review Petition No. 299/1997 before the High Court. The High Court vide Order dated 10.11.1997 dismissed the Review Petition, inter alia, holding that the appellant had no case that the order sanctioning pension to the appellant is illegal. Hence these appeals by special ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance on Rule 62 of Part III of the Kerala Service Rules, which reads as follows :- Rule 62. The term emolument when used in this part means the emolument which the employee was receiving immediately before his retirement and includes : (a) pay as defined in Rule 12(23) in Part I of these rules and for pay of the appointed under rule 9 or rule 31 of the Kerala State and Subordinate Service Rules. (b) The dearness pay the employee was actually in receipt of. It is the respondents contention that the appellant was getting dearness allowance and special allowance and not dearness pay, to attract Rule 62. In fact, the respondents rely on this very Rule to justify why dearness allowance and other special allowance were not added to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... III of the 1st Schedule to the Act can be put together to find out the revised rate from the table attached to the order dated 16.4.1987, which rationalised the pension structure of employees who retired before 1.1.1986; the Division Bench held that such a course is not permissible. Cl. (a) of para 2 deals with the pension to which a Judge is entitled under the ordinary rules of his service. Cl. (b) refers to a special additional pension per annum in respect of each completed year of service to be paid to the retired High Court Judge. The notification/order dated 18.12.1987 clearly states that the ordinary pension admissible to High Court/Supreme Court Judges under para 2(a) of Part III of the 1st Schedule to the High Court/Supreme Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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