Guwahati HC judgment may pave way for enhanced retirement benefits for Civil Servants Published on: 07 Sep, 2021

SHLOK CHANDRA

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The Guwahati High Court on 15.03.2018 decided in the case of Virendra Dutt Gyani v. Union of India & Ors that retired High Court and Supreme Court judges would be entitled to to a 20% additional quantum of pension upon turning 79 years of age.

In the instant case, filed by a retired High Court judge, the court was called upon to interpret section 17B added to the High Court Judges (Salaries and Conditions of Service) Act, 1954 vide The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2009. Vide the amendment the following section 17B was added:

“17-B   Additional quantum of pension or family pension-Every retired judge of after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale:

 

Age of pensioner or family pensioner

Additional quantum of pension or family pension

From eighty years to less than eighty five years

Twenty percent of basic pension or family pension

From eighty five years to less than ninety years

Thirty percent of basic pension or family pension

From ninety years to less than ninety five years

Forty percent of basic pension or family pension

From ninety five years to less than hundred years

Fifty percent of basic pension or family pension

From hundred years or more

Hundred percent of basic pension or family pension

The court decided that the term “from 80 years” as appearing in Section 17B would mean the starting point of eighty years. The court also noted that the Parent Act was introduced to provide some succor to the ageing retired judges. The SLP against this judgment was dismissed on 08.07.2019. Relying on this judgment, associations of civil servants are approaching the Ministry of Personnel, Public Grievances and Pensions to seek parity with retired judges.


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