The Supreme Court has instructed the Central Government to form a committee within two weeks to recommend a uniform post-retirement benefit scheme for retired Chief Justices and High Court judges in India. The order was issued while hearing a petition regarding differing levels of post-retirement benefits given to retired judges of High Courts in different states. The Court underscored the necessity of having a uniform policy to ensure equality, dignity, and adequate post-retirement benefits that are not affected by the place of service.
What did the Supreme Court to render the Judgement?
The case was heard by a Supreme Court bench lead by Chief Justice of India Surya Kant, Justice V. Mohan, and Justice Joymalya Bagchi when a petition regarding security measures and other benefits was filed for retired judges of High Courts.
The bench of the court noted that various states have differences in rendering assistance to retired judges and thus, create unequal treatment which is otherwise constitutionally equal.
The bench has deemed that such inconsistencies call for a single policy applicable all over the country.
Committee to be Formed Within 14 Days
In compliance with the Supreme Court’s direction, a committee is to be formed by the Central Government within two weeks.
The committee’s job will be to,
- Create consistent guidelines for post-retirement benefits.
- Assess the methods of providing financial aid to states.
- Propose a uniform policy for India.
The Supreme Court insisted that the committee give all its suggestions to the Central Government and the Supreme Court within three months after it is formed.
Which Benefits Have Been Discussed Regarding Post-Retirement?
The Bench noted during the hearing that retired High Court judges receive different degrees of assistance based on the state in which they served.
The facilities under consideration include the following the,
- Security arrangement.
- Drivers.
- Household help.
- Telecommunication facilities.
- Medical reimbursement.
- Government accommodation.
It was emphasized that such perks should not differ from state to state.
Supreme Court Raises Questions Regarding Assistance Provided
The Court has raised doubts as to whether the financial aid being provided by a few states can suffice for the security and transport requirements.
Chief Justice Surya Kant specifically asked if the amount of ₹45,000 to ₹50,000 can effectively cover the costs of hiring a security guard and a driver.
The Court noted that that kind of assistance seems inadequate considering the security responsibilities of retired judges.
Centre Agrees to Form Committee
While appearing on behalf of the Union Government, Solicitor General Tushar Mehta said before the Court that the Centre does not have any objection against forming the committee.
He noted that the issue is important enough to be taken up and promised the Bench that necessary action would be taken.
The Court noted the willingness of the Centre before giving the formal directions.
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