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Supreme Court of India 2024-03-15 disposed

Union of India, Ministry of Law & Justice vs Justice (Retd) Raj Rahul Garg (Raj Rani Jain) and Others

Bench: 3 — Dr Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

In Brief

A former District Judge who was appointed as a High Court Judge and later retired sought to blend her service periods for pension computation despite a 54-day break between retirement from district judiciary and assumption of High Court office. The Supreme Court held she was entitled to cumulate both service periods under Part III of the High Court Judges Act 1954. The pension must be calculated using her last High Court salary, not her District Judge salary, ensuring equal treatment with Judges appointed from the Bar. The break in service does not disentitle cumulation where appointment followed an in-service recommendation, as judicial pension must reflect dignity of office and independence.

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Judicial Administration Pension Law High Court Judges Judicial Service Constitutional Law Service Cumulation Discrimination and Equality

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