Judicial Officers' Pension : Supreme Court Lays Down Time Line For Disbursal Of Arrears By States/UTs

The Supreme Court, pronouncing its judgement in All India Judges Association v. Union of India matter (concerning pay hike for judicial officers), provided a timeline for the Center and the States to pay retired judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission. The judgement was pronounced by a bench comprising Chief Justice of India DY Chandrachud, Justice V Ramasubramanian and Justice PS Narasimha.

Justice Narasimha, pronouncing the judgement, said–

"In the case of payment of arrears, this court in its orders on 27 July 2022 and 18 January 2023 had already directed that all arrears of pay be cleared by 30 June 2023. In this regard it is directed, the compliance affidavit must be filed by all States and Union Territories by 30th of July 2023.

The revised rate of pensions as have been approved by this court shall be payable by 1st July 2023. For the payment of arrears of additional pension, gratuity, and other retirement benefits following the order of 27.07.2022 and 18.01.2023, it is directed that 25% will be paid by 31 August 2023, another 25% by 1 October 2023 and the remaining percent by 31 December 2023."

On July 27, 2022, the Supreme Court had, while emphasizing on the need to revise the pay structure for the judicial officers, ordered for implementation of the enhanced pay scale as recommended by the Second National Judicial Pay Commission with effect from January 1, 2016. The court had directed the Center and the States to pay the arrears to the officers in 3 instalments - 25% in 3 months, another 25% in next 3 months and balance by June 30, 2023. 

On January 18, 2023, to implement its earlier order, the Supreme Court directed for the States and Union Territories which had not yet made payment of the first installment, to make payment of the first installment by 31 March 2023. It was directed for the payment of the second installment by 30 April 2023, and the third and final installment to be made by 30 June 2023. Certain States and UTs filed applications seeking extension of time.

The Second National Judicial Pay Commission was constituted by the Apex Court in 2017 for reviewing the pay scale and other conditions of Judicial Officers belonging to the subordinate judiciary all over the country. The Bench comprising Justices J Chelameswar and Abdul Nazeer had appointed former Supreme Court Judge Justice PV Reddy as commission Chairman and former Kerala High Court Judge and Senior Supreme Court lawyer R.Basant as member.

Justice Narasimha also stated–

"We have accepted a large recommendation of the SNJPC. Apart from that, we have also collated the principles on the basis of which the earlier judgements were given accepting the recommendations with respect to the district judiciary. These relate to uniformity in designation and service conditions, separation of powers, Independence of the District judiciary as part of the basic structure, judicial independence...We have also given a list of recommendations which has been accepted. Primarily, we have dealt with recommendations on pay and thereafter pension, gratuity, and other things."

The Court also accepted various recommendations made by the Commission regarding pay and service conditions of judges and directed the High Courts to amend their service rules to give effect to them.

The court added in its order–

"Ultimately the effect of acceptance of the recommendations is that necessary amendments must be carried out in service rules of judicial officers across all jurisdictions. It is thus directed that the High Court and the competent authorities wherever applicable bring the rules in conformity with the recommendations accepted by this court within a period of three months. Compliance affidavit be placed on record by the High Court, the states, and the union within four months...We will list this case on 17th July 2023."

Background

The Supreme Court had ordered for implementation of the enhanced pay scale as recommended by the Second National Judicial Pay Commission with effect from January 1, 2016. The bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli also directed the Center and the States to pay the arrears to the officers in 3 instalments - 25% in 3 months, another 25% in next 3 months and balance by June 30, 2023.

The Second National Judicial Pay Commission was constituted by the Apex Court in 2017 for reviewing the pay scale and other conditions of Judicial Officers belonging to the subordinate judiciary all over the country. The Bench comprising Justices J Chelameswar and Abdul Nazeer had appointed former Supreme Court Judge Justice PV Reddy as commission Chairman and former Kerala High Court Judge and Senior Supreme Court lawyer R.Basant as member.

Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015

Citation : 2023 LiveLaw (SC) 452

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