Arising from the Appeal filed by retired Judge K. Sreedhar Rao at the Supreme Court, the 3-man bench, consisting of Justices Arun Mishra, BR. Gavai, and M.R. Shah, have recently passed a decision stating that a retired Acting Chief Justice of a High Court is not entitled to claim the pension payable to a regular Chief Justice.
The Appellant, retired Judge K. Sreedhar Rao, functioned in the capacity of Acting Chief Justice of Gauhati High Court, for 14 months, before his retirement.
The Supreme Court held that he was only entitled to a Chief Justice’s pension for the 14 months period he served.
As gleaned from the Court’s decision, an Acting Chief Justice can only be treated at par with a regular Chief Justice with regards to salary, and not for any other purpose, especially pension.