SUPREME COURT GIVES FINAL OPPORTUNITY TO STATES TO COMPLY WITH DIRECTIONS TO RAISE JUDICIAL OFFICERS’ PENSION

The Supreme Court in the case All India Judges Association and Or’s v. Union of India and Or’s in in the order passed by the Apex Court to enhance the pension of retired judicial officers as per the scheme elucidated, almost 10 years back, on 08.10.2012, to do so within a period of 4 weeks. The court directed with its direction dated 05.04.2022 that all State Governments that are yet to comply.

Taking this Government Order on record and expect that all other States may adopt the said model. 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 has placed before us a Government Order dated 4th February, 2004, it was stated by learned counsel Amicus Curiae.

The Bench stated that the State Government who have not complied with the order dated 05.04.2022 are directed to do so within a period of 4 weeks starting from today.

The Bench noted that some of the States had not complied with its order dated 05.04.2022 by submitted a note for apprising the Bench about the status of compliance by the State Governments. The learned counsel Amicus Curiae, Mr. Siddharth Bhatnagar submitted a note.

Justice Rao observed in the view of the above-mentioned case:

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

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

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

In an order dated 08.04.2004 the court issued Issue notice to all the States, the Union Territories and the High Courts through their respective Standing Counsel to file their response to the Shetty Commission Report regarding pay scales and service conditions of the subordinate courts’ staff and the court further stated that the response may be filed within two months. If the applicant is aggrieved, he may challenge the same by a separate petition the court is are not inclined to entertain this application.

The Bench comprising of Justice L.Nageswara Rao and the justice B.R. Gavai to its order dated 08.10.2012 the bench had directed all the State Governments 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 and wherein the Apex Court had directed that existing pension of all the past pensioners who had retired after 01.01.1996.

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