The bench added, “Our aim is not to imprison anyone; rather, we want their presence to ensure that affidavits are submitted. They must be here in person.”
![[Non-compliance of Judicial Officers Pay Panel’s Proposals] CJI Asks Chief Secretaries of 18 states, UTs to Appear](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/05/CJI.jpg?resize=820%2C461&ssl=1)
New Delhi: The Supreme Court has taken a serious stance against the failure to adhere to its directives. On Thursday, the Court directed the chief secretaries of 18 states and Union Territories (UTs) to appear personally and account for the non-implementation of the Second National Judicial Pay Commission’s (SNJPC) recommendations on pension arrears and retirement benefits for judicial officers.
Chief Justice D Y Chandrachud, leading a bench with Justices J B Pardiwala and Manoj Misra, remarked,
“It is evident that there has been no substantial compliance. The chief secretaries must appear in person before us, or we will have no choice but to issue non-bailable warrants.”
The bench added,
“Our aim is not to imprison anyone; rather, we want their presence to ensure that affidavits are submitted. They must be here in person.”
Despite having been given seven opportunities, the states still have not achieved full compliance, with several remaining in default, the bench noted.
The chief 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 must attend in person on August 27 for the next hearing.
The Court’s decision followed reports from senior lawyer K Parmeswar, who, as amicus curiae, informed the bench that despite numerous orders and extended deadlines, compliance by the 18 states and UTs with the SNJPC recommendations remained incomplete. The bench rejected the states’ requests to allow virtual appearances, insisting on personal presence.
Tamil Nadu’s counsel, Amit Anand Tiwari, argued that the state had made significant progress and requested exemption for the new chief secretary, N Muruganandam, who had recently assumed office. However, this request was denied as the Court maintained that no exceptions would be made.
Previously, on July 11, the Court had summoned the chief secretaries of 23 states due to non-compliance, rescheduling the appearance for August 23. On Thursday, it was noted that five more states had complied since then, but the next appearance is now set for August 27 due to the unavailability of the bench on Friday.
Expressing frustration with the ongoing non-compliance, the Court emphasized its determination to enforce adherence, stating that requiring the chief secretaries to be present might prompt the submission of necessary affidavits.
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The Court had previously mandated uniform service conditions for judicial officers nationwide and directed each high court to form a two-judge committee to oversee the implementation of SNJPC recommendations regarding pay, pension, and retirement benefits.
Despite similar revisions for other services being in place since January 1, 2016, the judicial officers’ issues remain unresolved, affecting both retired judges and the families of deceased officers.
