Full Judgment Text
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CASE NO.:
Writ Petition (civil) 410 of 2001
PETITIONER:
KULDIP SINGH
RESPONDENT:
UNION OF INDIA
DATE OF JUDGMENT: 29/04/2002
BENCH:
B.N. KIRPAL & ARIJIT PASAYAT & H.K. SEMA
JUDGMENT:
JUDGMENT
2002 (3) SCR 620
The following Order of the Court was delivered
In this writ petition, the question which arises for consideration relates
to pension which is payable to a Judge who retires from this Court after
having been appointed directly from the Bar. Similar question also arises
with regard to Bar appointees to the High Courts. Experience has shown that
the Bar appointees especially, if they are appointed at the age of 50 years
and above get lesser pension than the Service Judge appointees. It is to be
seen that as far as the Constitution of India is concerned, it stipulates
the manner of appointment of the Judges and provides what may be termed as
the qualification required for their appointment. The Constitution
contemplates appointment to the High Courts from amongst members of the Bar
as well as from amongst the Judicial Officers. The Constitution does not
provide for any specific quota. Till a few years ago in practice 66-2/3% of
vacancies were filled from amongst members of the Bar and 33-1-1/3% from
the Judicial Services. It is only in the Conference of 4th December, 1993,
of the Chief Ministers and the Chief Justices that it was decided that the
number of vacancies from amongst the judicial Officers "might go up to
40%." The decision of 4th December, 1993, cannot mean that the number of
Judges from the Services have to be 40%. The normal practice which has been
followed was 2/3rd and 1/3rd from amongst members of the Bar and Judicial
Services respectively and it is only on a rare occasion that the Chief
Justice of a High Court can propose more service Judges being appointed if
suitable members of the Bar are not available. But this cannot be more than
40% in any case. It may here also be noted that in the Chief Justices’
Conference held in 1999 it was unanimously resolved that the quota should
normally be 66-2/3% and 33-1/3% and it is on this basis the Government
should determine the likely number of Bar Judges and then consider whether
the High Court Judges who are appointed from amongst the members of the Bar
should not be given the same weightage as is now sought to be given to the
members of the Bar who are appointed to this Court as far as pension is
concerned.
To come up for further orders after the ensuing summer vacation.