Neeraj Rohmetra
Jammu, May 1: Taking cue from the directions of the Apex Court to provide suitable post-retiral benefits to retired Chief Justices and retired Judges, the Jammu and Kashmir High Court authorities have urged the State Government to implement the scheme in the State.
Reliable sources said, “the HC authorities, after seeking approval of Chief Justice M M Kumar have formally written to the State Government to provide suitable post-retiral benefits to the members of judiciary as is being done in few other States of the country like Andhra Pradesh”.
“It has been recommended that benefits being extended to retired Chief Justices and retired Judges in Andhra Pradesh and other States of the country be also provided to their counterparts here”, sources said.
The references pertaining to post-retiral benefits were made by the Supreme Court Bench comprising Justice P Sathasivam, Justice Ranjan Gogoi and Justice N V Ramana, while delivering the landmark judgement that removed the disparity in pension of High Court Judges on April 1, this year.
While referring to the Conference of Chief Ministers and Chief Justices of the High Court, the Bench said, “as regards post-retiral benefits to the retired Judges of High Court, the scheme sanctioned by the State of Andhra Pradesh be adopted and followed in all the States (including Jammu and Kashmir), except where benefits are already available”. The directions were a sequel to the resolution passed in the conference of Chief Ministers and Chief Justices of the High Courts held on 18.09.2004.
Elaborating on the benefits being provided by Andhra Pradesh, the Bench said, “by G.O.Ms No. 28 dated 16 March , 2012 issued by the Law Department, Andhra Pradesh Government has sanctioned an amount of Rs 14,000 per month to the retired Chief Justices of the High Court of Andhra Pradesh and an amount of Rs 12,000 per month to the retired Judges of the High Court of Andhra Pradesh for defraying the services of an orderly, driver, security guards, etc. and for meeting expenses incurred towards secretarial assistance on contract basis and a residential telephone free of cost with number of free calls to the extent of 1500 per month over and above the number of free calls per month allowed by the telephone authorities to both the retired Chief Justices and Judges of the High Court of Andhra”.
While appreciating the steps taken by the Government of Andhra Pradesh and other States, who have already formulated such scheme, the Apex Court said, “the States, which have not so far framed such scheme will formulate the same, depending on the local conditions, for the benefit of retired Chief Justices and retired Judges of the respective High Courts as early as possible preferably within a period of six month”.
Pertinently, the Supreme Court on April 1, this year removed a 60-year old disparity in computation of pension for two categories of High Court Judges — those appointed from judicial service from lower courts and others from Bar.
The then Chief Justice, who authored the verdict said, “the fixation of higher pension to Judges drawn from the subordinate judiciary who have served for shorter period in contradiction to Judge drawn from the Bar, who had served for longer period with less pension is highly discriminatory and breach of Article 14 (Right to equality) of the Constitution”.
Asked about the status of implementation of Apex Court’s decision removing disparity in pension of High Court Judges, sources remarked, “Union Government will have to issue guidelines for the same”.
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