Does Payment Of Pension To Judicial Officers Based On Contributory Pension Affect Financial Dignity? Supreme Court To Examine

The Supreme Court today (23.11.2023) noted that the issue of whether the payment of pensions to judicial officers purely on basis of contribution pension scheme would be consistent with norms of financial dignity did merit consideration. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was passing an order in All India Judges Association v. Union of India, in which the Apex Court had provided a timeline for the Center and the States to pay retired judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission (SNJPC).During the proceedings, one issue that was brought up as per which the payment of pensions to judicial officers purely on basis of contribution pension scheme was not consistent with the norms of financial dignity. The counsel for the intervenor even argued that the judges getting pension of just Rs 15,000- Rs 20,000 upon retirement would discourage a lot of talented people to consider judgeship.The court noted that the issue merited consideration. It added–"Notice has already been issued to all States and UTs."The matter will be heard next in the third week of January 2024.It may also be noted that the Supreme Court gave the Chief Secretaries of defaulting States and Union Territories a "final chance" to comply with its May 19 order.On May 19, 2023, the Supreme Court had directed for all States and UTs to file a compliance affidavit underlining their compliance with its earlier orders by 30th of July 2023. Earlier orders included the one of July 27, 2022, in which the Supreme Court had, while emphasizing on the need to revise the pay structure for the judicial officers, ordered for implementation of the enhanced pay scale as recommended by the Second National Judicial Pay Commission with effect from January 1, 2016. The court had directed the Center and the States to pay the arrears to the officers in 3 instalments - 25% in 3 months, another 25% in next 3 months and balance by June 30, 2023. Further, on January 18, 2023, to implement its earlier order, the Supreme Court directed for the States and Union Territories which had not yet made payment of the first installment, to make payment of the first installment by 31 March 2023. It was directed for the payment of the second installment by 30 April 2023, and the third and final installment to be made by 30 June 2023. Certain States and UTs filed applications seeking extension of time.As per its May 19 order, it was held that the revised rate of pensions as had been approved by the Supreme Court shall be payable by 1st July 2023. For the payment of arrears of additional pension, gratuity, and other retirement benefits following the order of 27.07.2022 and 18.01.2023, it was directed that 25% would be paid by 31 August 2023, another 25% by 1 October 2023 and the remaining percent by 31 December 2023.

Does Payment Of Pension To Judicial Officers Based On Contributory Pension Affect Financial Dignity? Supreme Court To Examine

Padmakshi Sharma

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