The Supreme Court has raised concerns over the insufficient pensions being given to district judges and has urged the Centre to address the issue promptly. Chief Justice D Y Chandrachud, leading a bench, emphasized the need for immediate action, describing some cases as “extremely hard.”
“We, being the guardian of the district judiciary, urge you (the attorney general and the solicitor general) to sit together with the amicus curiae and find a way out,” said Chief Justice Chandrachud. The bench, also comprising Justices JB Pardiwala and Manoj Misra, pointed out the struggles faced by district judges who receive as little as Rs 15,000 as pension.
The Chief Justice cited the case of a district judge suffering from cancer to highlight the severity of the issue. He noted that district judges, typically elevated to high courts at the age of 56 or 57, often retire with a pension of Rs 30,000 per month. “Look at their social profile also… they do not get arbitration matters,” he added, underlining the limited opportunities for retired judges to secure additional income.
Attorney General R Venkataramani and Solicitor General Tushar Mehta, representing the Centre, requested time to present their arguments regarding the pension issues faced by district judges. The bench agreed to defer the hearing to August 27, on a plea filed by the All India Judges Association, which seeks the implementation of welfare measures for retired judges.
Lawyer K Parmeswar, assisting the court as amicus curiae, informed the bench that several states have complied with the Second National Judicial Pay Commission (SNJPC) recommendations regarding the payment of arrears of pension and other retirement benefits to judicial officers. The court acknowledged that states have started filing compliance affidavits.
Previously, on July 11, the Supreme Court summoned the chief and finance secretaries of several states and Union Territories for non-compliance with the SNJPC recommendations. Expressing strong displeasure, the court had warned of stricter measures to ensure compliance. “We are not sending them to jail but let them be here and then an affidavit will be submitted,” the bench had stated.
On January 10, the Supreme Court stressed the need for uniformity in the service conditions of judicial officers nationwide. It directed the formation of a two-judge committee in each high court to oversee the implementation of orders on pay, pension, and other retirement benefits for judicial officers, in line with the SNJPC recommendations.
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The SNJPC recommendations encompass the pay structure, pension, family pension, and allowances for judicial officers. The recommendations also address establishing a permanent mechanism to determine service conditions for the district judiciary. The court highlighted that while other service officers had their service conditions revised as early as January 1, 2016, similar issues for judicial officers remain unresolved, affecting both retirees and their families.
