The Supreme Court of India on Wednesday resumed hearings in the petition seeking to implement the order dated 22.07.2022 which had directed the Center and the States to pay judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
In the last hearing, Advocate K Parmeshwar, who was appointed the amicus curiae in the matter had informed the bench that seventeen States had filed affidavits of compliance with respect to the order directing for an enhanced pay scale, two States (Haryana & Manipur) had filed review petitions along with the Union, and three states (Odisha, Punjab, and Tamil Nadu) had sought for an extension of time to comply with the order. In today's proceedings, he stated that owing to review petitions that had been filed, there were certain principle objections that ran across pay, pension, and allowances.
Here, CJI DY Chandrachud remarked–
"Essentially, the arguments arise in the review petitions that have been filed. Now, those review petitions have to be therefore disposed of. We will then have clarity on what has happened in those. If those review petitions are allowed, the objections will be addressed. However, if the review petitions are dismissed, the objections will cease to have any meaning."
While dictating the order, CJI DY Chandrachud said–
"In the order of this Court dated 18 January 2023, it was clarified that the review petitions shall be listed before the appropriate bench. The registry shall list the review petitions. Since Hon'ble Mr Justice NV Ramana, Chief Justice of India, was a member of the three-judge bench which delivered the order dated 27th July 2022, the registry shall take appropriate administrative directions for constitution of the bench to hear the review petitions. The review petition may be listed in the next two weeks. List the present proceedings after the outcome of the review proceedings, tentatively, 6th February 2023 at 2 pm."
The Supreme Court had ordered for implementation of the enhanced pay scale as recommended by the Second National Judicial Pay Commission with effect from January 1, 2016. The bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli also 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.
The Second National Judicial Pay Commission was constituted by the Apex Court in 2017 for reviewing the pay scale and other conditions of Judicial Officers belonging to the subordinate judiciary all over the country. The Bench comprising Justices J Chelameswar and Abdul Nazeer had appointed former Supreme Court Judge Justice PV Reddy as commission Chairman and former Kerala High Court Judge and Senior Supreme Court lawyer R.Basant as member.