The Supreme Court of India Today (Sept 30) addressed the issue of delayed salary payments to sitting judges of the Patna High Court, particularly highlighting the case of Justice RP Mishra. Chief Justice of India (CJI) DY Chandrachud expressed strong concerns over the non-payment of Justice Mishra’s salary since his appointment to the Patna High Court on November 4, 2023. The CJI stressed that High Court judges are entitled to the same service benefits as their colleagues and that such payment delays are unacceptable.
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NEW DELHI: The Supreme Court of India addressed the issue of delayed salary payments to sitting judges of the Patna High Court, specifically focusing on the case of Justice RP Mishra.
Chief Justice of India (CJI) DY Chandrachud raised serious concerns over the non-release of Justice Mishra’s salary since his appointment to the Patna High Court on November 4, 2023. The CJI emphasized that judges appointed to the High Court are entitled to the same service benefits as their peers and that such delays in payments are unacceptable.
During the hearing, CJI Chandrachud expressed his concern, stating:
“No judge should be expected to work without receiving their salary.”
He highlighted the seriousness of the situation, noting that Justice RP Mishra had not received his salary for 11 months. The CJI further remarked that the reason for this delay was linked to the inability to generate a Provident Fund (PF) number due to the absence of a PF account.
He dismissed this reasoning, stating,
“As a judicial officer serving in the district judiciary, this is irrelevant. They should simply create a PF number for the High Court judge.”
Solicitor General (SG) Tushar Mehta, representing the authorities, assured the court that the issue would be resolved by Friday. He proposed the opening of a temporary General Provident Fund (GPF) account for Justice RP Mishra to address the immediate concerns.
The CJI acknowledged the SG’s assurance but issued a directive to the State of Bihar:
“An interim order is necessary because no judge should be expected to work without receiving their salary. Therefore, the State of Bihar is instructed to pay all outstanding salaries and arrears from the date they were due, and to open a temporary General Provident Fund account.”
The court also referred to the judgment in the JAB case, which protects the rights of High Court judges regarding service conditions and pensions.
The CJI reiterated that even if there was a minor break in service, the entitlement to receive salary and pension remained intact:
“Once you are a High Court judge, you are entitled to protection under the law.”
The matter has been rescheduled for Thursday due to the absence of the Attorney General.
CJI Chandrachud requested that copies of the relevant cases be provided to the amicus curiae, stating:
“Please provide copies of your cases to the amicus so we can organize and resolve them accordingly.”
Additionally, the CJI acknowledged a new policy introduced by the Government of India, granting all government employees the right to receive 50% of their basic salary.
However, the immediate concern remains the swift resolution of the delayed salary payments for Justice RP Mishra.
The court’s directives, which include the disbursement of all pending amounts and the creation of a temporary GPF account, aim to ensure that Justice Mishra is treated fairly and receives the compensation due to him as a High Court judge.
Further discussions on the matter are expected on Friday to ensure full compliance with the orders and a resolution of the issue.
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