HC Judges' Post-Retirement Benefits Must Be Uniform Across Country : Supreme Court Asks Centre To Form Committee

The Supreme Court on Monday directed the Union Government to constitute a committee within two weeks to frame uniform guidelines on post-retirement facilities for former Chief Justices and judges of High Courts, observing that essential amenities currently vary widely from State to State.

A Bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi and Justice V Mohana, was hearing a writ petition concerning the security and other post-retirement facilities available to retired High Court judges.

The Court noted that the issue before it concerns "certain benefits/facilities to be made admissible to retired Chief Justices and judges of High Courts."

During the hearing, Chief Justice Kant questioned the adequacy of the monetary assistance presently provided by some States towards security arrangements.

"In Rs.45,000-50,000, is it possible to get a driver and security officer?" the CJI asked.

Highlighting the absence of a uniform policy, the Chief Justice told Solicitor General of India Tushar Mehta that there was "lack of uniformity among States" in extending post-retirement benefits.

"One way is the Government of India constitutes a committee and prescribes norms. Central Government may also match grants... if you don't do it, I will have to constitute," the Chief Justice remarked.

Responding to the suggestion, Solicitor General Mehta assured the Court that the Union Government had no objection to constituting such a committee.

"No difficulty. We can constitute. This is an issue which needs to be addressed. It will be addressed in the spirit expressed," Mehta submitted.

Recording the submissions, the Bench observed that basic facilities such as domestic help, drivers, telephone, medical reimbursement and accommodation in government houses differ across States.

"The basic facilities like domestic help, driver, telephone, medical reimbursement, stay in government houses, etc., vary from State to State. It further appears that lack of uniformity has prompted the Association of Retired Judges to first approach the authorities and thereafter invoke writ jurisdiction," the Court recorded in its order.

Emphasising that such benefits should not depend on the State in which a judge served, the Bench said there was no justification for disparities in the provision of these amenities.

"There can be no doubt that these facilities must be ensured on a uniform basis. There is no reason for such amenities to be at variance," the Court observed.

Accordingly, the Court requested the Solicitor General to persuade the Union Government to constitute a committee within two weeks to lay down uniform guidelines as well as a mechanism for financial assistance.

The Bench further directed that the committee submit its recommendations to both the Union Government and the Supreme Court within three months from the date of its constitution.

Case: JUSTICE V.S. DAVE PRESIDENT, THE ASSOCIATION OF RETD. JUDGES OF SUPREME COURT AND HIGH COURTS v. KUSUMJIT SIDHU . AND ORS. CONMT.PET.(C) No. 425-426/2015 In W.P.(C) No. 523/2002 and connected matters