In view of our decision in D.S Nakara v. Union of India (1983) 1 SCC 305, AIR 1983 SC 130, 1983 UPSC 263, (1983) 2 SCR 165, (1983) 1 LLJ 104 and for the reasons mentioned by the Allahabad High Court in the case of Bidhubhushan Malik v. Union of India AIR 1983 All 209, 1983 All LJ 437, (1983) 9 All LR 313 which we have accepted as correct in Special Leave Petition No. 9616 of 1983 just now dismissed by us we allow the writ petitions. The Judges of the High Court and of the Supreme Court will be entitled to the pensionary benefits under the amended Act of 1976 irrespective of the dates of their retirement. They will be so entitled with effect from October 1, 1974. Arrears of pension calculated under the provisions of the new Act will be paid to those to whom it is due within four months from today. In the case of Judges who have died after October 1, 1974 the amounts due will be paid to the legal heirs of the Judges within four months from today. The family pension due to the widows will be calculated under the provisions of the 1976 amending Act and paid to them. Ad hoc payments made, if any, will be adjusted while making such payments. The writ petitions are disposed of accordingly. What we have said about pensionary benefits does not apply to payment of gratuity.