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2002 DIGILAW 1385 (SC)

Kuldip Singh v. Union Of India

2002-10-31

ARIJIT PASAYAT, N.KIRPAL, Y.K.SABHARWAL

body2002
ORDER : N. Kirpal, CJI. W.P(C)No.525/2002 Response to be filed by the Union of India within 8 weeks. 2. List thereafter. W. P. (C) No.410/2001 3. Learned Attorney General submits that Bill for bringing about the necessary amendment in the rules has been tabled. According to the proposed Bill with regard to the calculation of the pension, 5 years will be added to the number of years, the Judge has served in the Supreme Court, where he has been appointed directly from the Bar, for the purpose of determining the amount of pension payable. Mr.Parekh contends and in our view rightly that it would be logical that instead of 5 years, the period to be added should be 10 years, inasmuch as same is the period prescribed by Article 124(3) (b) for a lawyer to be eligible to be considered for appointment as a Judge of this Court. Ordinarily, no member of the Bar would be directly appointed as a Judge of this Court unless he has put in at least about 30 years of practice. This being so, giving credit of only 5 years seems to be insufficient. The learned Attorney General may kindly consider this aspect and take appropriate action. 4. To come up for further directions after eight weeks. 5. We hope that by that time the necessary amendments will be carried out. 6. Remaining Petitions to come up after eight weeks. 7. To be listed before a Bench of which Hon'ble Mr. Justice Y.K. Sabharwal is a Member.