A meagre pension of RS 6,000 to RS 15,000 for high court judges, shocking revelation in recent case
The supreme court is the apex body of Judiciary, bestowed with the power of judicial review. It is seated in Delhi with current chief justice of India as Sanjeev Khanna.
Recently the supreme court was presented with a case of pension petition of retired judge of high court. The court expressed grave shock over the revelation that retired judges of high courts are getting a meagre pension ranging between Rs 6,000 and Rs 15,000. The supreme court remark came as a result of hearing by a bench of justice BR Gavai, PK Mishra and KV viswanathan on petition of a retired judge. The petitioner who filed the case was a judge of the Allahabad High court. He served as a judicial officer for 13 years and claimed that his service period was ignored by competent authority responsible for computation of pension, and hence he is eligible to receive a higher pension than what he has been receiving.
The supreme court expressed shock and disbelief over the scenario and remarked ” if there are retired high court judges before us who are getting RS 6,000 and Rs 15,000 as pension, it’s shocking. How can that be?”
The pension of high court judges are calculated on the basis of length of service. In the above mentioned case the petitioner claimed that his length of service was 13 years as a judicial officer. According to article 217(1) of the constitution, high court judges retire at the age of 62 whereas for supreme court judges the retirement age is set at 65 and this age disparity has been questioned time and again, requesting for similar time frame for retirement.
The pension of a retired High court judge is charged on the consolidated fund of india whereas the salaries of these judges are charged on the consolidated fund of state concerned and not India. The salaries, allowances, privileges, leaves and pensions of High court judges are determined by the Parliament from time to time. These can’t be changed to their disadvantage once the judges are appointed, however an exception can be made in case of national emergency.
The judges of high court are appointed by President of India by a warrant under their hand and seal. The judges are appointed by President in consultation with governor of the state concerned, the chief justice of high court of the state concerned and the chief justice of Supreme court of India. Such appointments are covered under article 217 of the constitution. In case of common high court of two or more states, governor of all states are concerned for appointment of judges to the concerned high court. The judges so appointed can be removed by President by the procedure of impeachment, provided such resolution is passed by both the houses of parliament by two – third majority.
Each High Court has power to issue to any person within its jurisdiction directions, orders, or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose.
The judges of high courts have the supreme power to issue writs in case of enforcement of fundamental rights. The high court judges also exercise the right original jurisdiction on cases that are concerned with divorce, will, admiralty, or contemplation of court. Election petitions also can be filed before hight court and can be heard by the high court judges.
Talking to True to life, Pritam kundra, an intern at Delhi High court, mentioned that there should not be disparity in computing pensions of judges of high court. Last drawn salary of retired judges could be the best basis to calculate the pension and hence can establish a fixed base for such calculation. He further added that it is concerning and shocking to see the respected members of apex judiciary knocking the gates of supreme court for justice.
Seeing the deadlock on the number of unresolved cases, the retirement age disparity should also be absolved, as an extra three years for each judge can help solve a bulk of cases and may fasten the justice delivery system which is tottering.
All we can hope is justice be delivered to the ones who were once seated in the chair of justice and parliament should come forward with an action plan to regulate the pensions for retired judges and they should be paid a respectable amount for their service to the citizen and the country.