V.S. MALLIMATH vs UNION OF INDIA

The Supreme Court addressed a petition under Article 32 by a retired Chief Justice of the Kerala High Court regarding the denial of monetary benefits during his tenure as a Member of the National Human Rights Commission. The Court held that the Proviso to Rule 3 of the National Human Rights Commission Chairperson and Members (Salaries, Allowances and other Conditions of Service) Rules, 1993, which affects salary entitlements due to prior pensions, was incorrectly applied. The Court ruled that the petitioner was entitled to full salary, gratuity, and encashment of earned leave, thereby upholding his claims against the Union of India.