In a stern ultimatum issued today by the Supreme Court, Chief Secretaries of defaulting States and Union Territories were given a final chance to adhere to the court’s directives in the matter of All India Judges Association v. Union of India. The Apex Court, led by CJI DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, expressed dissatisfaction with the non-compliance of certain States and Union Territories regarding the payment of retired judicial officers’ pensions according to the enhanced pay scale recommended by the Second National Judicial Pay Commission (SNJPC).
The bench expressed its prima facie view that some entities willfully breached and failed to comply with the court’s orders, potentially warranting contempt proceedings against the Chief Secretaries. However, extending a final opportunity for compliance, the bench mandated that the directions be executed on or before December 8, 2023. Failure to comply would necessitate the personal presence of Chief Secretaries before the court on that date, with a requirement to file a compliance affidavit.
Emphasizing the gravity of compliance, the court clarified that meeting the deadline involved the actual crediting of the payable amounts to each judicial officer, including surviving spouses in the case of family pensions.
This development stems from the court’s earlier orders, particularly the one on May 19, 2023, wherein States and Union Territories were instructed to file a compliance affidavit by July 30, 2023. Previous orders, dated July 27, 2022, and January 18, 2023, directed the implementation of the enhanced pay scale and the payment of arrears in three installments. Despite extensions granted for some States and UTs, the court maintained a firm stance on meeting the deadlines.
The May 19 order underscored that the revised rate of pensions approved by the Supreme Court should be effective by July 1, 2023. Additionally, it outlined a schedule for the payment of arrears of additional pension, gratuity, and other retirement benefits.
In an effort to enforce its directives, the Supreme Court directed High Courts to ensure compliance by December 31, 2023, and instructed State Governments to notify rules by January 31, 2024. The court acknowledged the compliance of most High Courts but noted delays and non-compliance by some State Governments.
An intervention application from the High Court of Telangana seeking clarification on the superannuation age of judicial officers was allowed, permitting the State to increase the retirement age in line with government officials.
The petitioners in this case were represented by Gourab Banerji, Sr. Adv., and Mayuri Raghuvanshi, AOR.
Background: The Supreme Court’s directive to implement the enhanced pay scale, as recommended by the Second National Judicial Pay Commission from January 1, 2016, aimed at addressing the pay structure for judicial officers. The court’s firm stance, reiterated in subsequent orders, highlights its commitment to ensuring timely compliance and fair treatment for retired judicial officers.
Case Reference: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015
