On January 18, a Supreme Court division bench led by Chief Justice DY Chandrachud and Justice PS Narasimha heard a petition seeking implementation of an order dated 22.07.2022 that directed the Center and the States to pay judicial officers' pensions in accordance with the enhanced pay scale recommended by the Second National Judicial Pay Commission.
At the outset, Advocate K Parmeshwar, who was appointed amicus curiae in the case, drew the bench's attention to his note and submitted that, beginning in 2002, judges did not receive pensions but instead received "Career Average Revalued Earnings," to which they had to contribute.
This left the judges with no security after they retired. The amicus also stated that the states that have complied have made the payments recoverable if an adverse order is issued in the future. The bench ruled that recovery was impossible.
The court ordered in July 2022 that the arrears be paid to the officers in three instalments: 25% in three months, another 25% in three months, and the balance by June 30, 2023. DY Chandrachud, CJI, stated-"We will upload the order in the evening. We will give time for compliance. The reviews will be uploaded before an appropriate bench. Those who have sought extension of time to comply will be given time to comply. October instalment by 31st March, December instalment by 30th April and June 2023 stands on time. No recovery to be made by any state in terms of our order of 22nd of July."
The Supreme Court ordered that the enhanced pay scale recommended by the Second National Judicial Pay Commission be implemented on January 1, 2016. The bench of the then Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli also directed the Center and the States to pay the officers' arrears in three instalments: 25% in three months, another 25% in three months, and the balance by June 30, 2023.
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