In WP (C) 643 of 2015 - SC- Supreme Court provides for a timeline to the Center and States for disbursing arrears vis-à-vis judicial officers’ pension
Chief Justice DY Chandrachud, Justices V. Ramasubramanian & PS Narasimha [19-05-2023]

Read Order: All India Judges Association v Union of India

Simran Singh

New Delhi, May 19, 2023: In a civil writ petition, the Supreme Court today directed the Center and the States to have a timeline to pay retired judicial officers' pension as per the enhanced pay scale in accordance with the recommendations made by the Second National Judicial Pay Commission.

In the case at hand, the Second Nations Judicial Pay Commission was constituted by the Supreme 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 of Justice J. Chelameswar and Abdul Nazeer had appointed former Supreme Court Judge, Justice P.V. Reddy as Commission Chairman and former Kerala High Court Judge and Senior Supreme Court advocate R. Basant as its member.

As per the recommendation by the Second National Judicial Pay Commission, the full bench of the then Chief Justice N.V. Ramana, Justice Krishna Murari and Justice Hima Kohli had order implementing enhanced pay scale with effect from 01-01-2016. The Center and the States were also directed to pay the arrears to the judicial officers in 3 instalments i.e. 25% in 3 months, 25% in the next 3 months and the balance amount by 20-06-2023.

The Bench vide order dated 27-07-2022, while emphasising 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 01-01-2016. Vide its order dated 18-01-2023, the Supreme Court directed the States and Union Territories which had not yet made payment, to do the needful in instalments.

The Court had stated that they had accepted a large number of recomendation of the Second National Judicial Pay Commission. Apart from that, they had also collated the principles on the basis of which the earlier judgements were given, accepting the recommendations with respect to the District Judiciary. They related to uniformity in designation and service conditions, separation of powers, independence of the District Judiciary as part of the basic structure and judicial independence. Primarily, the Court dealt with recommendations on pay and thereafter considered pension, gratuity, etc.

The Bench 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 that ultimately the effect of acceptance of the recommendations of this Court was that necessary amendments must be carried out in Service Rules of the Judicial Officers across all jurisdictions. It was thus directed that the High Courts and the competent authorities, wherever applicable, bring the rules in conformity with the recommendations accepted by this Court within a period of 3 months. Compliance affidavits were to be placed on record by the High Courts, the States and the Union within 4 months. It was further directed that compliance affidavits must be filed by all the States and Union Territories by 30-07-2023 stating that the arrears of pay have been positively credited into the accounts of the concerned officers.