Amended judicial pension benefits apply from 1.10.1974 regardless of retirement date, with gratuity expressly excluded.

Amended pensionary benefits under the 1976 law were treated as payable to High Court and Supreme Court Judges irrespective of retirement date, operating from 1.10.1974, with arrears directed within the time fixed by the Court. The same relief was extended to family pension for widows and amounts due to legal heirs of deceased Judges, following the reasoning in D.S. Nakara and the Allahabad High Court decision in Bidhubhushan Malik. Gratuity, however, was expressly excluded from the benefit.

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Issues: (i) Whether the Judges of the High Court and the Supreme Court were entitled to pensionary benefits under the amended law of 1976 irrespective of the dates of retirement and with effect from 1.10.1974. (ii) Whether the directions extending pensionary benefits also applied to gratuity.

Issue (i): Whether the Judges of the High Court and the Supreme Court were entitled to pensionary benefits under the amended law of 1976 irrespective of the dates of retirement and with effect from 1.10.1974.

Analysis: The entitlement was accepted on the basis of the earlier decision in D.S. Nakara and the reasoning accepted in the Allahabad High Court decision in Bidhubhushan Malik, which was treated as correct. The benefit was directed to operate irrespective of the dates of retirement, with arrears payable within the time fixed by the Court. The same approach was extended to family pension payable to widows and to amounts due to legal heirs of deceased judges.

Conclusion: The claim for pensionary benefits succeeded, and the writ petitioners were held entitled to the amended pensionary benefits from 1.10.1974.

Issue (ii): Whether the directions extending pensionary benefits also applied to gratuity.

Analysis: The Court expressly excluded gratuity from the benefit granted for pensionary payments.

Conclusion: The relief granted did not extend to gratuity.

Final Conclusion: The writ petitions were allowed with directions for payment of pensionary and family pension benefits under the amended law, but without extending the relief to gratuity.

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