Bill to remove anomalies in HC judges’ pensionary benefits in LS

NEW DELHI : A Bill to remove anomalies in pensionary benefits of High Court judges elevated from the bar was introduced in the Lok Sabha today, the last day of the Monsoon session.
The High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2015 also seeks to simplify some of the provisions relating to determination of leave allowances of judges of High Courts and the apex court.
The bill, introduced by Law Minister D V Sadananda Gowda, says that the practice of 10 years as advocate will be added as qualifying service for High Court judges elevated from the bar, as ordered by the Supreme Court in a judgment in March last year.
The measure seeks to give effect to this judgment.
In the judgement, the apex court had said in order to remove arbitrariness in the matter of pension of High Court judges elevated from the bar, the relief should be reckoned from April one, 2004.
“The Bill seeks to amend the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.
With the passage of time, certain provisions in the aforesaid acts have become spent and outdated. A review has been undertaken and it has been decided to remove the same for clarity and provide for the added years of service in view of the judgment given by the Supreme Court,” the Bill said.
The main question that arose before the Supreme Court in the case P Ramakrishnam Raju Vs Union of India and others was whether high court judges who were appointed under Article 217 (2) (b) of the Constitution on retirement are entitled for an addition of ten years to their service for the purposes of their pension. (AGENCIES)