UNION OF INDIA vs BIDHUBHUSHAN MALIK AND OTHERS

The Supreme Court upheld the Allahabad High Court's ruling that the provisions of the High Court Judges (Conditions of Service) Act, 1954, which restricted pension eligibility to judges retiring after October 1, 1974, were unconstitutional. The Court affirmed that all judges, regardless of their retirement date, are entitled to pension as per the Act, and clarified that the date of October 1, 1974, is significant only for the commencement of liberalized pension provisions under the 1976 Amendment. Consequently, the special leave petition was dismissed.