Comply With Direction To Raise Judicial Officers' Pension : Supreme Court Gives Final Opportunity To States

"Such of those State Government who have not complied with the order dated 05.04.2022 are directed to do so within a period of 4 weeks from today."

Considering the fact that most of the retired judicial officers are at an advanced age, a Bench comprising Justice L.Nageswara Rao and B.R. Gavai had directed all the State Governments to adhere to its order dated 08.10.2012, wherein the Apex Court had directed that existing pension of all the past pensioners who had retired after 01.01.1996 and the pensioners whose pensions were consolidated as per Karnataka model shall be raised by 3.07 times on par with the other pensioners subject to minimum of 50% of the revised pay scale of their respective posts.

Amicus Curiae, Mr. Siddharth Bhatnagar submitted a note apprising the Bench about the status of compliance by the State Governments. The Bench noted that some of the States had not complied with its order dated 05.04.2022. In view of the same, Justice Rao stated -

"We will say in 4 weeks they have to comply, no further time will be granted."

Advocate, Mr. Gopal Jha, appearing on behalf of the petitioner, informed the Bench that Delhi, Maharashtra, Orissa and Kerala have not complied with the concerned order. He impelled the Bench to direct the Chief Secretary of these States to be present before the Bench on the next date of hearing.

Justice Rao remarked -

"If they do not comply we will see next time."

It is pertinent to note that the 'Karnataka model' is the Karnataka Government Order dated 04.02.2004 pertaining to the pension of retired judicial officers. By order dated 08.04.2004, the Apex Court had adopted the the said model -

"Learned Amicus Curiae has placed before us a Government Order dated 4th February, 2004 issued by the Government of Karnataka in regard to the payment of pension to the retired Judicial Officers and suggested that the same model may be adopted by other States. We take this Government Order on record and expect that all other States may adopt the said model. The States may file their response within a period of two months."

[Case Title: All India Judges Association And Ors v. Union of India And Ors. Writ Petition (C) No. 1022 of 1989]

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