Supreme Court gives final opportunity to states to comply with the directions to raise pension of judicial officers

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

The States may file their response within a period of two months. Taking this Government Order on record and expect that all other States may adopt the said model. A government Order dated 4th February 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 stated by the Learned Amicus Curiae.

In an order dated 05.04.2022 it was stated that some of the States had not complied with its order. Mr. Siddharth Bhatnagar, Amicus Curiae submitted a note apprising the Bench about the status of compliance by the State Governments.

Justice Rao stated in the view of the above said:

we will see next time, If they do not comply with it.

By order dated 08.04.2004, 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. While

The bench comprising of justice L.Nageswara Rao and the justice B.R. Gavai in its order dated 08.10.2012 had directed all the State Governments to adhere with it 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, wherein the Apex Court had directed that existing pension of all the past pensioners who had retired after 01.01.1996 as most of the retired judicial officers are at an advanced age the bench directed while considering all the facts.

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

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

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