Supreme Court directs Centre to frame uniform policy on post-retirement facilities for High Court judges

The Supreme Court on Monday directed the Union government to constitute a committee within two weeks to formulate uniform guidelines governing post-retirement facilities for retired High Court judges across the country, observing that the benefits currently extended by States vary widely and require standardisation.

The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said there was no justification for retired High Court judges receiving different levels of support depending on the State in which they served. Stressing the need for a consistent national policy, the Court noted that while some States provide adequate facilities, others offer little or no assistance.

The Court emphasised the need for consistency, stating that there was absolutely no reason for these amenities to differ by state. Uniform facilities must be guaranteed, it added.

Taking note of the fact that the Union government also contributes financial assistance for such facilities, the Court directed it to establish a committee within two weeks. The committee has been tasked with preparing uniform guidelines, including the mechanism for extending financial assistance, and submitting its recommendations to both the Central Government and the Supreme Court within three months of its constitution.

The Bench observed that a standardised framework was necessary to ensure equal treatment of retired High Court judges irrespective of the State concerned.

During the hearing, Justice Joymalya Bagchi also underscored the importance of security. Justice Bagchi noted that providing a retired High Court judge with one security officer for five years is a reasonable measure, given that these judges routinely handle sensitive cases

Chief Justice Surya Kant also expressed concern over the inadequacy of financial provisions earmarked for essential post-retirement support. Pointing to the current allowances, the Chief Justice criticized a clause that allocates a meagre Rs 15,000 to cover secretarial services, security, and travel expenses.

The Court indicated that the objective was to ensure a rational and uniform framework for facilities such as secretarial assistance, security, travel support and other post-retirement amenities available to former High Court judges.

The matter has been listed for further consideration after three months, by which time the committee is expected to complete its exercise and submit its recommendations before the Court.

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