Kiran Raj

The Supreme Court has adjourned proceedings in a case concerning the pension and retirement benefits of judicial officers, granting time to observe the implementation of the newly notified Unified Pension Scheme. The court recorded submissions made by the Attorney General for India and the Solicitor General of India that the scheme aims to address concerns of all employees, including judicial officers. The matter has been scheduled for further hearing after twelve weeks.

The case originated from a petition filed by the All India Judges Association, seeking revisions in the pension structure of judicial officers. The Supreme Court has been monitoring the implementation of pay and pension reforms for the subordinate judiciary following the recommendations of the Second National Judicial Pay Commission (SNJPC), which was constituted in 2017.

In 2022, the court had directed the implementation of the revised pay scale for judicial officers with effect from January 1, 2016. A bench led by then Chief Justice of India N.V. Ramana, along with Justices Krishna Murari and Hima Kohli, had also mandated that arrears be paid in three installments—25% within three months, another 25% in the next three months, and the balance by June 30, 2023.

Regarding pension revisions, a bench comprising then Chief Justice of India D.Y. Chandrachud, along with Justices V. Ramasubramanian and P.S. Narasimha, had previously directed that "the revised rate of pensions as have been approved by this court shall be payable by 1st July 2023." Additionally, it was ordered that "for the payment of arrears of additional pension, gratuity, and other retirement benefits, 25% shall be paid by 31 August 2023, another 25% by 1 October 2023, and the remaining percent by 31 December 2023."

During earlier hearings in February 2024, the court noted concerns regarding inadequate pension support for retired judicial officers, with reports indicating that some received pensions as low as INR 19,000-20,000 per month. The court had sought assistance from the Attorney General to propose a "just solution" to address the financial difficulties faced by retired district judges.

In November 2023, while hearing a plea filed by retired High Court judge Justice Ajit Singh, a bench comprising Justices B.R. Gavai, Prashant Kumar Mishra, and K.V. Viswanathan expressed concern upon learning that some retired High Court judges were receiving pensions as low as INR 6,000-7,000 per month. The bench had noted that this issue required urgent attention.

During the hearing, Attorney General R. Venkataramani and Solicitor General Tushar Mehta informed the court that the Unified Pension Scheme had been recently notified by the Union of India. They submitted that the new scheme aims to resolve concerns raised by judicial officers regarding pension disparities and financial security.

The court recorded, "It is the submission of the learned Attorney General for India as well as the learned Solicitor General of India that the Unified Pension Scheme may address the concerns of all employees, including the Judicial Officers."

Considering this submission, the bench comprising Justices B.R. Gavai and Augustine George Masih deferred further proceedings, stating that it would be appropriate to allow time to assess the practical impact of the scheme before taking a final view on the pending issues. The court recorded, "We, therefore, find it appropriate that the matter is adjourned for some time so as to experience how the Unified Pension Scheme works and thereafter take a call on the issues involved in the present applications/matter(s)."

The Supreme Court ordered that the matter be listed for further hearing after twelve weeks. The court did not pass any immediate directions concerning the disbursement of revised pension arrears or other pending claims, choosing instead to await the effect of the Unified Pension Scheme.

The order stated, "List these matters after twelve weeks."

Case Title: All India Judges Association v. Union of India & Ors.
Case Number: Writ Petition (Civil) No. 643/2015
Bench: Justice B.R. Gavai and Justice Augustine George Masih

[Read/Download order]