The Supreme Court has sought responses from the Centre and state governments on a plea to restore full pension immediately after recovering commuted amounts, instead of the existing 15-year period. The move could benefit thousands of retired judicial officers across India.
New Delhi: The Supreme Court on Friday sought the stand of the Centre and state governments on a plea for restoring the full pension of retired judicial officers immediately after the recovery of the commuted pension amount, instead of waiting for the current period of 15 years.
A bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria took note of the submissions made by advocate Gopal Jha, appearing for the All India Retired Judges Association (AIRJA).
Jha argued that former judicial officers were placed at a disadvantage due to the existing pension policy. “Issue notice to the Centre and all the states,” the CJI said.
The AIRJA, which represents state-level retired judicial officers’ associations across India, filed the plea in a pending case from 2015 originally moved by the All India Judges Association concerning service conditions and pension benefits of judicial officers.
The association, represented by its Chairman, former Justice N Sukumaran, explained that pensioners who opt for commutation receive a lump sum amount at the time of retirement. This helps meet urgent financial needs such as housing, children’s education, or marriage expenses.
This amount is then recovered by the government in installments through deductions from the pension, similar to repayment of a loan through EMIs. According to the existing rules, the commuted pension is deducted for a period of 15 years before the full pension is restored.
However, AIRJA contended that the entire principal amount along with interest at 8 per cent per annum is fully recovered in less than 11 years.
The continuation of deductions beyond this period, the association submitted, is “arbitrary and unfair” and effectively penalises pensioners for money they never actually owed.
The plea therefore requested the apex court to
“consider the issue regarding restoration period of communication amount.”
It further urged the bench to
“Direct the respondents to restore the full pension once the computation amount along with interest element, thereon recovered from the retired judicial officer by quashing GOs, Memorandums, Circulars, Rules contrary to it.”
Illustrating its point with calculations, the plea highlighted that a judicial officer retiring at level J7 who commutes part of the pension receives approximately Rs 51.94 lakh as a lump sum. With 8 per cent annual interest, the total repayment liability comes to about Rs 69.13 lakh.
Yet, over the 15-year deduction period, nearly Rs 95.08 lakh is recovered from the officer, an excess of nearly Rs 26 lakh.
The plea explained,
“By this method, the government continues to deduct pension for about five years even after recovering the entire principal and interest. In other words, pensioners end up repaying money which they never actually received.”
The association also cited the recommendations of the Second Judicial Pay Commission, which observed that the commuted amount with interest was generally recovered within 11 years and noted that continuation of recovery beyond 12 years was unreasonable.
The Supreme Court’s notice to the Centre and states is expected to trigger a detailed examination of pension rules, potentially benefiting thousands of retired judicial officers across India.
Click Here To Read More Reports on Judicial Officers
