Supreme Court of India

Union of India, Ministry of Law & Justice v. Justice (retd) Raj Rahul Garg (raj Rani Jain) and Others

Neutral citation
Reported as [2024] 3 S.C.R. 848
Bench Dr Dhananjaya Y Chandrachud, J B Pardiwala and Manoj Misra JJ.
Decided 15 March 2024

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the opinion that para 2(ii) of the letter dated September 19, 1984 is a clear departure from para 2 clause (a) of Schedule I to the High Courts Judges (Conditions of Service) Act.

Judgment, page 16

From the headnote

Issue for Consideration Whether gap between the retirement of a District Judge and her subsequent appointment as the Judge of the High Court would constitute ‘break in service’ adversely affecting her pensionary and other retirement benefits. Headnotes The High Court Judges (Salaries and Conditions of Service) Act, 1954 – s. 14, 15, Para 2, Part III of the First Schedule – Entitlement of High Court Judge promoted from District Judiciary to pension and retirement benefits despite break in service – Break in service has no adverse implications in computing pension since service upon appointment

Where later benches applied it

Of those, 1 relied on

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