The Supreme Court has directed all States and Union Territories to examine whether the retirement age of judicial officers can be increased to 61 years as an interim measure while it decides whether the age of superannuation should ultimately be raised to 62 years across the country.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana issued the direction while hearing a plea seeking a uniform increase in the retirement age of district judiciary judges from 60 to 62 years.
The Court ordered State governments and Union Territories to take a decision on the issue in consultation with their respective High Courts. It said that where both the State government and the concerned High Court agree, judicial officers may continue in service until the age of 61 years. Such continuation, however, will remain subject to the final outcome of the pending proceedings before the Supreme Court.
States And High Courts Asked To State Their Position
Observing that the matter requires an early resolution, the Bench directed all States, Union Territories and jurisdictional High Courts to place their respective positions on record within two weeks.
The Court clarified that States and High Courts supporting an increase in the retirement age need not submit detailed counter affidavits. A brief statement indicating their agreement would be sufficient.
At the same time, the Bench made it clear that the legal issue regarding enhancement of the retirement age would be decided independently by the Supreme Court, regardless of the views expressed by the States or the High Courts.
Background Of The Dispute
The issue traces back to 2002, when the Supreme Court declined to accept the recommendation of the Shetty Commission that the retirement age of district judiciary judges should be increased to 62 years.
Since then, some States, including Madhya Pradesh and Telangana, have taken steps to raise the retirement age to 62 years.
During the hearing, the Court was informed that the Full Court of the Madhya Pradesh High Court has now passed a resolution recommending enhancement of the retirement age of judicial officers from 60 to 62 years.
However, it was also brought to the Court’s notice that the Punjab and Haryana High Court and certain other High Courts continue to oppose the proposal. Their opposition is reportedly based on the fact that the retirement age of government employees in their respective States remains 60 years or lower.
Taking note of the differing positions, the Supreme Court has sought formal responses from all stakeholders before deciding the broader question of law on whether the retirement age of judicial officers should be uniformly enhanced across the country.
