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Issues: (i) fixation of the petitioner's pension; (ii) computation of the cash equivalent of leave to his credit; and (iii) entitlement to gratuity at the enhanced maximum limit.
Issue (i): fixation of the petitioner's pension.
Analysis: The petition was disposed of by applying the court's earlier order on the same pension question, and the petitioner's pension was to be fixed in accordance with that determination.
Conclusion: The pension claim was decided in favour of the petitioner in terms of the earlier order.
Issue (ii): computation of the cash equivalent of leave to his credit.
Analysis: The leave account was to be worked out by treating the credit as leave on half allowances, converting it into leave on full allowances by division by two, and then applying the ceiling of 180 days for retirement on or before 30.6.1986 and 240 days for retirement on or after 1.7.1986. The same principle applicable to High Court Judges was held to apply mutatis mutandis to Supreme Court Judges.
Conclusion: The respondent was directed to calculate and pay the cash equivalent of leave on that basis.
Issue (iii): entitlement to gratuity at the enhanced maximum limit.
Analysis: It was recorded that the maximum gratuity payable to a Judge had been agreed at rupees one lakh with effect from 1.1.1986, and directions were required to implement that ceiling for qualifying retirees.
Conclusion: Payment of gratuity was directed subject to a maximum of rupees one lakh with effect from 1.1.1986.
Final Conclusion: The writ petition succeeded on the substantive service-benefit claims and was disposed of by issuing directions for pension fixation, leave encashment computation, and payment of gratuity at the enhanced limit.
Ratio Decidendi: Where the governing benefit structure for Judges is clarified or enhanced, the corresponding cash-equivalent leave and gratuity entitlements must be worked out and implemented in accordance with that clarified entitlement, including application of the relevant ceiling and conversion method.
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