“We Are Putting States to Notice”: Supreme Court Warns of Contempt Proceedings for Non-Compliance with Healthcare Reimbursement for Retired Judges
Kiran Raj
The Supreme Court of India Division Bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan has directed all State Governments to strictly comply with previous orders mandating the reimbursement of medical expenses incurred by retired Judges. The Court clarified that reimbursements are to be made by the State where the seat of the High Court is situated from which the Judge either retired or was originally appointed.
The proceedings arise from Contempt Petition (Civil) Nos. 425–426 of 2015 filed in connection with Writ Petition (Civil) No. 523 of 2002. The petitioner is the Association of Retired Judges of the Supreme Court and High Courts. The original petition sought the enforcement of rights and entitlements of retired Judges, particularly relating to post-retirement benefits and facilities, including medical reimbursement.
Multiple interlocutory applications (IAs) were filed by different parties and stakeholders over the years. These applications covered issues such as clarification or modification of prior orders, directions for implementation, and exemption from personal appearance or procedural requirements. Notable among the listed IAs were IA No. 68417/2019 for permission, IA No. 66189/2019 for directions, and IA No. 100360/2018 for extension of time. The respondents include several State Governments and Union Territories, which were directed to file compliance affidavits outlining the extent to which the Supreme Court’s previous directives had been implemented.
At the hearing on 15 April 2025, the Court recorded that affidavits had been submitted by a number of States purporting compliance with earlier orders. The Court, however, observed the necessity to verify the actual extent of compliance. Accordingly, it requested the senior counsel appointed as Amicus Curiae to scrutinize all the compliance affidavits filed and prepare a chart indicating the level of compliance achieved by each State or Union Territory.
The Court referred to paragraph 9 of its order dated 18 February 2025, which had directed that reimbursement obligations rest with the State Government where the seat of the High Court is located from which the Judge had retired. This directive was issued to clarify administrative confusion arising in situations where Judges were transferred between High Courts and retired from a jurisdiction different from their original appointment.
During the proceedings, attention was drawn to the cases of Judges who were initially appointed in one High Court but later retired from another due to transfers. To resolve this, the Court further clarified that the term “concerned State Government” would refer to either the State where the Judge was originally appointed or the State from which the Judge ultimately retired. This clarification was aimed at ensuring that the reimbursements do not get delayed or disputed due to interpretative ambiguity.
The Court directed all States to submit fresh affidavits within one week from 15 April 2025 and to forward copies of those affidavits to the Amicus Curiae for examination. The Court made it clear that failure to comply with its orders could result in initiation of contempt proceedings against defaulting States under the Contempt of Courts Act, 1981.
The matter has been listed for further hearing on 29 April 2025 at 2.00 p.m.
Advocates Representing the Parties:
For the Petitioners: Mr. Sumit Goel, Advocate; Ms. Ruchi Krishna Chauhan, Advocate; Mr. M. P. Vinod, AOR; M/s. Parekh & Co., AOR
For the Respondents: Mr. Mukesh K. Giri, AOR; Mr. Mandaar Mukesh Giri, Advocate; Mr. R Venkatramani, Attorney General for India; Mr. K.M. Nataraj, Additional Solicitor General; Mrs. V. Mohana, Senior Advocate;
Case Title: Justice V.S. Dave, President, Association of Retired Judges of Supreme Court and High Courts v. Kusumjit Sidhu & Ors.
Case Number: Contempt Petition (Civil) Nos. 425–426 of 2015 in W.P. (C) No. 523 of 2002
Bench: Justice Abhay S. Oka, Justice Ujjal Bhuyan
[Read/Download order]
