In Brief
K. Sreedhar Rao retired as Acting Chief Justice of the Gauhati High Court after serving 14 months in that position. He claimed entitlement to the full pensionary benefits (including the maximum ceiling of Rs.15 lakh per annum) applicable to a retired Chief Justice. The Supreme Court held that while an Acting Chief Justice receives the Chief Justice's salary during service, this does not extend to post-retirement pension benefits or the pension ceiling. The Court distinguished between substantive appointment as Chief Justice (Article 217) and temporary appointment as Acting Chief Justice (Article 223). The statutory rule treating service as Acting Chief Justice as equivalent to Chief Justice service applies only to the calculation of pension quantum for that period, not to the overall pension status or ceiling. The petition was dismissed."
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