In a candid admission that has caught the attention of legal circles and the public alike, Supreme Court Justice BV Nagarathna recently voiced her unease over receiving a salary during the court’s summer recess, a time when the justices are not required to attend court proceedings.
During the annual summer break, the Supreme Court of India shuts down, allowing justices to take a hiatus from hearing cases. Despite the break, justices like Nagarathna are paid during this period, which she finds discomforting. “I feel quite bad receiving a salary during the summer vacations because we do not work during that time,” Justice Nagarathna remarked during a recent hearing.
The context of her comments was a court discussion regarding the denial of back pay to several civil judges who had been previously dismissed by the government of Madhya Pradesh but were later reinstated following the intervention of the Supreme Court.
During the hearing, Senior Advocate Gaurav Agrawal informed Justice Nagarathna and Justice N Kotiswar Singh that the dismissal of four judges had been overturned by the Madhya Pradesh High Court, while two others were upheld by the full court. Following this, Senior Advocate R Basant appealed to the Supreme Court to consider granting back pay for the period the judges were not in service.*
Justice Nagarathna reasoned that since the judges had not worked during their dismissal, they should not expect back pay. “You know the nature of our work… Those being reinstated cannot expect back pay for the time they did not serve as judges,” she stated, asserting that it would be against her conscience to grant such payments.
The Supreme Court has now directed the High Court to expedite its orders so that the judges can resume their duties promptly, underlining the commitment to swift and equitable resolution of judicial matters.
