Today(on 27th August), The Supreme Court of India has summoned the Chief Secretaries and Finance Secretaries of 18 states and union territories over the failure to implement the Second National Judicial Pay Commission’s recommendations on pension arrears and retirement benefits for judicial officers.
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NEW DELHI: Today(on 27th August), The Supreme Court of India summoned the Chief Secretaries and Finance Secretaries of 18 states and union territories over concerns about the non-implementation of the Second National Judicial Pay Commission’s recommendations regarding pension arrears and retirement benefits for judicial officers. The Court closed cases against several states that complied, while others were summoned for non-compliance.
The bench, which included Chief Justice of India (CJI) D Y Chandrachud, and Justices J B Pardiwala and Manoj Misra, scrutinized the compliance affidavits submitted by various states and union territories. Among those under review were Madhya Pradesh, Tamil Nadu, Meghalaya, Himachal Pradesh, West Bengal, Bihar, Odisha, Kerala, and Delhi. After thorough consideration, the court decided to close proceedings against these specific states and union territories, acknowledging their compliance with the directives.
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In its observations, the bench noted-
“We regret having to summon the Chief and Finance Secretaries of the states, but the state counsels have consistently been absent from the hearings.”
This remark highlights the court’s frustration with the repeated absence of state representatives during critical hearings, prompting the need for such direct intervention.
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Closure for Compliant States
The Supreme Court, while addressing the issue, made it clear that the chief secretaries and finance secretaries of the states which have fulfilled the court’s directives concerning the payment of arrears relating to pay, pension, and allowances to judicial officers would no longer be required to appear before the court. This decision provides a reprieve for those states that have shown compliance, effectively closing the chapter on their involvement in this particular issue.
States Under Scrutiny
However, not all states have adhered to the SNJPC’s recommendations. The court had previously summoned top bureaucrats from Tamil Nadu, Madhya Pradesh, Andhra Pradesh, West Bengal, Chhattisgarh, Delhi, Assam, Nagaland, Meghalaya, Himachal Pradesh, Jammu and Kashmir, Ladakh, Jharkhand, Kerala, Bihar, Goa, Haryana, and Odisha to ensure accountability. These states had failed to fully comply with the SNJPC’s recommendations, leading to the court’s intervention.
Senior lawyer K Parmeswar, serving as amicus curiae (a friend of the court), played a pivotal role in bringing this issue to the forefront. Parmeswar informed the bench that despite several court orders and extensions of time, a significant number of states and union territories—18 in total—had not yet fully implemented the SNJPC recommendations. This lack of compliance has serious implications for the welfare of former judges and judicial officers who are entitled to these benefits.
The All India Judges Association (AIJA), which is actively seeking the implementation of these welfare measures, has been a key advocate for ensuring that former judges and judicial officers receive their due. The association’s efforts underscore the importance of adhering to the SNJPC’s recommendations, which were designed to improve the financial security and overall well-being of judicial officers after their retirement.
