Pension of Judge High Court

Computation of pension of Judge High Court having service as Judge as such less than five years — paragraph 16 & 29 — Presidential Order, 1997 — AJ&K Civil Services Pension Rules, 1971 — AJ&K Finance Department Regulations, 1986 — there is no dispute that the appellant held the post of Judge of the High Court on regular basis, thus, according to the provision of paragraph 16 of the Presidential Order, 1997, his service as Judge High Court has to be treated as service for the purpose of calculation of pension. Whereas according to the spirit of paragraph 29 of the Presidential Order, 1997, the statutory provision in this regard has to be interpreted favorable to the appellant. In this background, after collective appreciation of the provisions of paragraphs 16 and 29 of the Presidential Order, 1997 in juxtaposition with the Civil Services Pension Rules, 1971 and the Finance Department Regulations dated 23.9.1986, it can be safely concluded that the pension of the appellant shall be calculated on the basis of last pay drawn by him as Judge of the High Court. The conclusion drawn by the High Court in the impugned judgment in this regard in our opinion is not based on proper interpretation of paragraph 16 of the Presidential Order, 1997. The High Court, thus, has fell in error of law while holding that the pension of the appellant has to be calculated on the basis of the presumptive last pay drawn as District and Sessions Judge. According to the hereinabove mentioned statutory provision, no such concept is admissible rather the term “last pay drawn” is very much clear which means the actual pay drawn. In the judgments referred to and relied upon by the learned counsel for the parties although some incidental matters have been considered but in none of the reports, interpretation of paragraph 16 of the Presidential Order, 1997 has been made keeping in view the peculiar legal proposition involved in the case in hand. Justice Rtd. A. Rashied Sulehria v. Azad Govt. 2015 SCR 1396 (D) AIR 1985 SC 619 rel.
Service as less than five years — computation of pension — mode — presumptively calculated pension as District and Sessions Judge or actual drawn pay as Judge High Court — The interpretation of pari materia statutory provision made by the apex Court of India and the principle of law enunciated, due to identicity of the legal and factual proposition is fully applicable to the case in hand. In view of the above stated facts and reasons, the juxtapose interpretation of the statutory provisions of paragraphs 16 and 29 of the Presidential Order, 1997 read with notification dated 30.09.1986, for the purpose of calculation of pension of the appellant, his last pay drawn as Judge of the High Court shall be considered and not the presumptively determined pay as District and Sessions Judge. Therefore, the findings recorded in para 18 of the impugned judgment of the High Court are not consistent with the principle of law. Justice Retired Abdul Rashied Sulehria v. Azad Govt. & others 2015 SCR 1396 (F)