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august 1988

Supreme Court of India · 1988-08-18

M.L. JAIN vs UNION OF INDIA

Citation / case number
SC 1984/68303
Court
Supreme Court of India
Petitioner
M.L. JAIN
Respondent
UNION OF INDIA
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the letter dated December 18, 1987, from the Ministry of Law & Justice allowing State Governments to deny revised pension benefits to High Court Judges is unconstitutional as it violates Article 14 of the Constitution, which mandates equal treatment. The Court emphasized that such a direction leads to discriminatory treatment among judges of the same class without a rational basis. The judgment clarified that while the salary of High Court Judges is charged to the State's Consolidated Fund, their pension is charged to the Consolidated Fund of India.

M.L. JAIN vs UNION OF INDIA · Niyam