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Raise Judicial Officers' Pension As Per 2012 Order : Superme Court Directs States In Retired Judges Association's Plea

Sohini Chowdhury
7 April 2022 10:23 AM GMT
Raise Judicial Officers Pension As Per 2012 Order : Superme Court Directs States In Retired Judges Associations Plea
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The Supreme Court, on Tuesday(April 5), directed all States to comply with the direction issued by it in 2012 to enhance the pension of retired judicial officers. The States have been asked to submit a compliance report within 4 weeks.A Bench comprising Justices L. Nageswara Rao, B.R. Gavai and Aniruddha Bose, was hearing a plea filed by the All India Retired Judges Association, which sought...

The Supreme Court, on Tuesday(April 5), directed all States to comply with the direction issued by it in 2012 to enhance the pension of retired judicial officers. The States have been asked to submit a compliance report within 4 weeks.

A Bench comprising Justices L. Nageswara Rao, B.R. Gavai and Aniruddha Bose, was hearing a plea filed by the All India Retired Judges Association, which sought for the compliance of the Apex Court's order dated 08.10.2012.

The Court directed all the State Governments to adhere to its order dated 08.10.2012, wherein the Apex Court had directed that existing pension of all the past pensioners who had retired after 01.01.1996 and the pensioners whose pensions were consolidated as per Karnataka model shall be raised by 3.07 times on par with the other pensioners subject to minimum of 50% of the revised pay scale of their respective posts.

"All the State Governments are directed to comply with the direction issued on 08.10.2012 and submit a report of compliance within 4 weeks from today."

It is pertinent to note that the 'Karnataka model' is the Karnataka Government Order dated 04.02.2004 pertaining to the pension of retired judicial officers. By order dated 08.04.2004, the Apex Court had adopted the model as under -

"Learned Amicus Curiae has placed before us a Government Order dated 4th February, 2004 issued by the Government of Karnataka in regard to the payment of pension to the retired Judicial Officers and suggested that the same model may be adopted by other States. We take this Government Order on record and expect that all other States may adopt the said model. The States may file their response within a period of two months."

Advocate, Mr. Gopal Jha appearing on behalf of the applicant apprised the Bench that the order dated 08.10.2012 is yet to be complied with in its entirety by some states, while there are a few states that have not yet given effect to the order. To emphasise on the urgency in implementation of the order, he pointed out that the non-compliance is causing impediment to retired judicial officers, especially given the fact that there are several officers who are about 90 years of age.

Considering the delay, the Bench stated -

"It has nearly been a decade since the direction was issued by this Court to pay pension in accordance with the formula mentioned therein. Implementation of the direction dated 08.10.2012 does not brook any further delay."

[Case Title: All India Judges Association And Ors v. Union of India And Ors. Writ Petition (C) No. 1022 of 1989]

Click Here To Read/Download Order




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