M.L. JAIN & ANR. vs UNION OF INDIA

The Supreme Court interpreted Paragraph 2 of Part III of the First Schedule to the High Court Judges (Conditions of Service) Act, 1954, clarifying that the pension for a retiring Judge must be calculated based on the last pay drawn as a High Court Judge, not the pay of a District Judge. The Court held that the Ministry of Law's letter dated September 19, 1984, which suggested otherwise, constituted a departure from the statutory provisions. Consequently, the petitioner was entitled to a pension of Rs. 1,525 per month, subject to the ceiling of Rs. 1,500 as per Rajasthan Rules, leading to the allowance of the writ petition.