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Showing contexts for: section 17b in Shri. Narasimha S/O Laxmanrao Durg vs The Central Pension Accounting on 13 September, 2023Matching Fragments
17. Therefore, in the contextual facts of the present case, as per Section 17B, every retired judge shall be entitled to an additional quantum of pension in accordance with the scale mentioned therein. In this case, we are concerned with the first slab as per which, a retired judge from 80 years to less than85 years would be entitled to additional quantum of pension @ 20% of basic pension.
18. Petitioner had retired from service on attaining the age of superannuation on 29-
07- 1998. His date of birth is 30-07-1936. Therefore, on 29-07-2015 he completed 79 years of age. He entered into the 80th year of age on 30-07-2015 and completed 80 years on 29-07- 2016. According to the petitioner, he would be entitled to the first scale of benefit as per Section 17B w.e.f. 30-07-2015 when he stepped into his 80thyear. On the other hand, stand of the respondents is that the benefit of the first scale under Section 17B would be available to the petitioner on his completion of 80th year i.e. from 30-07- 2016.This is the bone of contention which we are called upon to answer in this proceeding.
19. Therefore, question for consideration is, whether in the facts and circumstances of the case, petitioner would be entitled to the additional quantum of pension @ 20% of basic pension from 30-07-2015 or from 30- 07-2016 as per the first scale provided under Section 17B of the High Court Judges (Salaries and Conditions of Service) Act, 1954, as amended?
20. To answer this question, it is necessary to examine the meaning of the expression "from eighty years" as appearing in Section 17B. As noticed above, the benefit of additional quantum of pension would be entitled to a retired judge from eighty years to less than eighty five years. What precisely would be the meaning of the expression "from eighty years"?
22. Therefore, as per the dictionary meaning, the expression "from eighty years"
would indicate the starting point of eighty years. However, as a note of caution, it has also been clarified that inclusiveness or exclusiveness associated with the expression would have to be interpreted having regard to the intention for use of such word or expression.
23. Petitioner is right when he says that Section 17B was inserted in the parent Act in the year 2009 to provide some succour to the ageing retired judges. Long back Winston Churchill had said that service rendered by judges demands the highest qualities of learning, training and character. These qualities are not to be measured in terms of pounds, shilling and pence according to the quantity of work done. After rendering such service to the nation, it is the duty of the State to ensure that a retired judge who has entered the autumn of his life is adequately looked after. A retired judge at the fag end of his life has peculiar problems on account of his advanced years and failing health. It is to cater to such a situation that Parliament in its wisdom had amended the Act in the year 2009 by inserting Section 17B entitling every retired judge to additional quantum of pension or in case of death, the family to additional quantum of family pension in the scale mentioned.