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FACTS AND OVERVIEW
The Supreme Court held that an Acting Chief Justice can be given pension only for the period during which the tenure of Chief Justice occured and not more. Justice Rao had filed the appeal to the Supreme Court. He retired after serving for 14 months as the acting Chief Justice of the Gauhati High Court, but claimed pension as a regular Chief Justice
LEGAL MANDATE ON POST RETIREMENT BENEFITS OF JUDGES
Article 124 of the Constitution deals with the establishment and constitution of the Supreme Court. Art. 124(7) provides: "No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India." Similarily, Article 220 of the Constitution forbids post retirmement judicial benefits to permanent judges of the High Court .
A Bare reading of this clause is sufficient to assume that post retirement judicial benefits to judges is barred explicity by the Constitution itself, but this primarily is not the case. Surprisingly, a number of Central Acts like the Protection of Human Rights Act, 1993 and the Consumer Protection Act 1986 to name a few allow Retired judges to head Commissions as a post retirement benefit. Even the 14th Report of the Fist Law Commission of India suggested that a bar on benefits similar to that of Auditor and Comptroller-General and members of Public Service Commissions.
Grant of pension to High Court Judges is regulated by Section 14 and Schedule I of the High Court Judges (Salaries and Conditions of Service ) Act 1954.
JUDGEMENT
The Bench was consisting of judges Justices Arun Mishra, M.R. Shah and B.R. Gavai. The Supreme Court held that the Judge is entiled to claim that Chief Justice’s pension only for the 14 months he was Acting Chief Justice and for the limited purpose of salary, such an Acting Chief Justice is treated on a par with the Chief Justice and not for any other purpose, more particular with reference to pension.
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