New Delhi, Jul 14: Seeking to rectify an anomaly as per which High Court judges selected from the Bar get lesser pension than those elevated from state judicial services, the government plans to bring a bill to amend the law governing their salaries and service conditions.
The proposal to amend the High Court Judges (Salaries and Conditions of Service) Act, 1954, comes more than a year after the Supreme Court ruled that such a discrepancy must be removed. The Law Ministry plans to bring the bill in the Monsoon session of Parliament beginning July 21.
According to an apex court ruling, if the service of a judicial officer is counted for fixation of pension, there is "no valid reason" as to why the experience at Bar cannot be treated as equivalent for the same purpose. "...we accept the petitioners' claim and declare that for pensionary benefits, ten years' practice as an advocate be added as a qualifying service for judges elevated from the Bar."
The apex court ruling delivered by a bench headed by then Chief Justice of India P Sathasivam on March 31, 2014 had also said that "one rank one pension must be the norm in respect of a Constitutional office."
"The amendment bill is based on the Supreme Court judgment...we are only implementing the judgement," a senior government functionary told PTI. The apex court ruling came on a clutch of petitions filed by former judges of the various High Courts of the country as well as by the Association of the Retired Judges of the Supreme Court and the High Courts elevated from the Bar.