In a significant move, the Supreme Court on Monday instructed the Bihar government to immediately process the overdue salary of Patna High Court judge, Justice Rudra Prakash Mishra. The order came after it was revealed that Justice Mishra has not been paid since his elevation to the high court on November 4, 2023, due to the absence of a General Provident Fund (GPF) account.
A bench led by Chief Justice D Y Chandrachud, with Justices J B Pardiwala and Manoj Misra, expressed strong displeasure over the state’s negligence. “No judge can be expected to work without the payment of the salary,” the bench stated, highlighting the critical nature of the issue.
Justice Mishra transitioned from the district judiciary, where salaries are governed under the New Pension Scheme (NPS), which does not necessitate a GPF account. However, the conditions for high court judges, which include having a GPF account, have led to this unprecedented salary delay.
The apex court’s bench criticized the administrative oversight and declared an interim order to establish a temporary GPF account for Justice Mishra, ensuring he receives all back pay and benefits from the date of his entitlement.
Solicitor General Tushar Mehta, representing the Centre, requested additional time to resolve the issue but assured prompt action within the week.
The situation sheds light on broader systemic issues related to the pension and salary structures of judicial officers, sparking discussions on the ‘One Rank, One Pension’ principle among the judiciary. Senior advocate K Parameswar, serving as amicus curiae, underscored the disparities in pension schemes as a significant concern affecting several judges across states.
The Supreme Court had initially taken up Justice Mishra’s plea earlier this year and had requested responses from both the Central and Bihar governments regarding the establishment of a GPF account and the release of salaries.
