The Supreme Court has clarified that there is no legal impediment to increasing the retirement age of district judges in Madhya Pradesh from 60 to 61 years.
The bench, comprising Chief Justice B.R. Gavai and Justice Augustine George Masih, directed the Madhya Pradesh High Court to consider this matter on its administrative side and make a decision within two months.
Background of the Petition
The Madhya Pradesh Judges Association filed a petition in 2018 seeking to raise the retirement age of district judges from 60 to 62 years. The High Court had previously rejected this request, citing the Supreme Court’s 2002 judgment in the All India Judges Association case, which it interpreted as disallowing such an enhancement
Supreme Court’s Clarification
During the hearing, the Supreme Court referred to its recent order in an application filed by the Telangana government in the same All India Judges Association case. where, the Court permitted to increase the retirement age of district judges to 61 years. Chief Justice Gavai stated, “In that view of the order, we do not find that there should be any impediment in permitting the State of Madhya Pradesh to increase the age of superannuation of judicial officers working in the State to 61 years.
Next Step
The Supreme Court emphasized that any decision regarded to raise the retirement age would be subject to the Madhya Pradesh High Court’s consideration and approval on its administrative side. The High Court has been requested to deliberate on this matter and arrive at a decision within two months.
Implications
This clarification from the Supreme Court provides a pathway for the Madhya Pradesh judiciary to align the retirement age of its district judges with precedents set in other states. It also underscores the importance of administrative discretion within High Courts to make such determinations in accordance with legal guidelines and precedents.
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