Introduction:

In a recent Supreme Court hearing, Chief Justice DY Chandrachud drew attention to the financial struggles faced by retired district judges, receiving meager pensions of Rs 19,000-20,000. Expressing concern about their challenges in transitioning to other avenues at an older age, the Chief Justice urged the Union to find a fair solution for these officers who have significantly contributed to the cause of justice.

Arguments of Both Sides:

CJI Chandrachud emphasized the dire situation of retired district judges and requested the Attorney General to assist in finding a “just solution.” The AG acknowledged the issue and committed to looking into it. Additionally, the CJI highlighted the grievances of High Court judges facing salary delays due to the non-allocation of new GPF accounts post-elevation from the district judiciary.

Advocate K Parameshwar, amicus curiae, presented affidavits from states, outlining the financial burden argument against increased pensions. He pointed out the disparity in pensions between officers with decades of service and those elevated to the High Court. The Union’s stance was centered on reducing the pension burden in proportion to the GDP.

Court’s Judgement:

The Supreme Court, in an earlier matter related to the pay and service conditions of judges, had accepted the Second National Judicial Pay Commission’s recommendations. The recent hearing addressed concerns raised by the All India Judges Association. The bench directed states to clear arrears by February 29 and instructed High Courts to form committees overseeing implementation.