STATE OF PUNJAB vs JUSTICE S.S. DEWAN(RETD.C.J.) .

The Supreme Court held that the amended Rule 16 of the Punjab Superior Judicial Service Rules, 1963, which allows for the addition of up to 10 years of actual practice at the bar to the qualifying service for pension, applies to all retired judges, not just those who retired after the amendment. Citing D.S. Nakara v. Union of India, the Court found the State's interpretation of the amendment as having only prospective effect to be illegal. The Court directed the State of Punjab to refix the respondent's pension in accordance with the amended rule and pay arrears with interest at 18% per annum.