Credit Judicial Officers' Pension Arrears By December 8 Or Face Contempt : Supreme Court's Final Warning To States

The Supreme Court today (23.11.2023) gave the Chief Secretaries of defaulting States and Union Territories a "final chance" to comply with its order in All India Judges Association v. Union of India matter, in which the Apex Court had 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 (SNJPC).

The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra stated that it was prima facie of the view that despite the directions of the court, certain States and Union Territories had not complied with the same wholly or partly and practiced wilful breach and non compliance of the orders of the court. This, the bench said, warranted contempt against the Chief Secretaries of defaulting States or Union Territories as the case may be. However, granting a final opportunity, the bench ordered–

"In order to grant one last opportunity of compliance, we direct that the directions of this court shall be effected on or before December 8, 2023, failing which Chief Secretaries of all default States or Union Territories shall personally remain present before this court on December 8. Compliance affidavit to be filed before the next date of hearing."

The court also highlighted that the compliance with its order meant actual crediting of the amount payable to each judicial officer. It stated–

"We clarify that directing compliance before December 8 shall mean actual crediting of amount payable to each judicial officers and in case of family pensions, surviving spouses."

On May 19, 2023, the Supreme Court had directed for all States and UTs to file a compliance affidavit underlining their compliance with its earlier orders by 30th of July 2023. Earlier orders included the one of July 27, 2022, in which 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. Further, 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.

As per its May 19 order, it was held that the revised rate of pensions as had been approved by the Supreme 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 was directed that 25% would be paid by 31 August 2023, another 25% by 1 October 2023 and the remaining percent by 31 December 2023. 

In its order, the Supreme Court had also directed that the posts of District Judges (Selection Grade) shall be increased to 35% of the cadre strength as against the existing 25%, and the District Judges (Super Time Scale) shall be increased to 15% of the cadre strength as against the existing 10%. Further, the Court directed that the grant of 1st Assured Career Progression (ACP) for Civil Judges (Junior Division) be given on the basis of relaxed norms which may be devised by the High Courts, with reference to the suggestions of the Commission. Regarding the same, the bench noted that while most High Courts had complied with its orders, it appeared that some State Governments were still in process of notifying rules proposed by High Courts. In certain cases, High Courts were yet to comply. Thus, the court directed–
"All High Courts shall ensure compliance no later than by 31 Dec 2023. The HCs shall communicate proposed amendments to rules to state govternments/UTs. The State Governments shall notify rules by 31 Jan 2024."

Additionally, in an intervention application, the High Court of Telangana sought clarification on age of judicial officers for superannuation. The counsel for the High Court submitted that since the State government had increased age of retirement of government officials form 60 years to 61 years, the High Court may be permitted for carrying out a similar amendment to increase the age of retirement for Telangana judges. The same was allowed with the bench noting that the increase in age of retirement of judicial officials would be beneficial. 

The petitioners were represented by Gourab Banerji, Sr. Adv. and Mayuri Raghuvanshi, AOR.

Background

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