The Hindu : Karnataka News : Retired judges challenge disparity in gratuity

Online edition of India's National Newspaper
Friday, Nov 05, 2004

Karnataka

Karnataka

Retired judges challenge disparity in gratuity

By Our Staff Reporter

BANGALORE, NOV. 4. Three retired judges petitioned the Karnataka High Court on Thursday challenging the discrimination among judges regarding grant of gratuity.

The petitioners, M.P. Chinnappa, H.N. Narayan, and Mohammad Anwar, all recently retired from the Karnataka High Court, said they were aggrieved by the acts of the respondents in discriminating between advocates appointed to the post of High Court judge and those appointed as judges from the cadre of district judge.

In case of elevation from the cadre of district judge, the maximum gratuity payable in terms of Karnataka State Civil Service Rules to judges at the time of retirement is Rs. 2.5 lakhs, whereas the maximum gratuity payable to advocates appointed as High Court judges is Rs. 3.5 lakhs (under the All-India Service Rules).

The Constitution suggests that the judges of the High Court are equal in every aspect, notwithstanding the position that any of them may have occupied prior to their appointment. They said the State rules must operate in tandem with the spirit of the Constitution, whereas it was contrary here. They prayed to the court to declare Section (A) (2) of the High Court Judges (Salaries and Condition of Services) Act of 1954 as ultra vires Article 14 and Article 21 of the Constitution.

The petitioners urged the court to direct the respondents — the Accountant-General, the State represented by the Chief Secretary, the Government of India represented by the Law and Justice Department, and the Central Pension Accounting Officer — to pay them the gratuity of Rs. 3.5 lakhs.

Justice R. Gururajan observed that the Accountant-General had said these matters were not subject to judicial orders. He said the petition would be adjourned so that the Accountant-General would use his good offices to see that the matter was settled. He granted four weeks' time so that the Government could take a stand. The case was adjourned to December 12.

Dismissed

Justice N.K. Patil on Thursday dismissed petitions by Ramesh Chandra Lahoti and several others challenging the November 22, 2003 notification of the Director of Agriculture Marketing enhancing the market fee payable by traders from one per cent to 1.5 per cent. The fee had been enhanced to enable the APMC authorities to create a revolving fund. While the enhanced fee was expected to generate Rs. 15 crores, the Government was expected to contribute Rs. 5 crores. The traders said the enhancement was illegal and ultra vires of the APMC Act of 1966. They urged the court to quash the notification.

Mr. Justice Patil observed that if the petitioners had thought over the reason behind the enhancement they would not have approached the court.

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