All India Judges Association & Ors v. Union Of India & Ors

All India Judges Association & Ors v. Union Of India & Ors

(Supreme Court Of India)

Writ Petition(s)(Civil) No(s).1022/1989 | 05-04-2022

IA No.121642/2018

1. This application has been filed by All India Retired Judges Association seeking the following reliefs:

“(i) the existing pensions of all past pensioners who retired after 01.01.1996 and the pensioners whose pensions were consolidated as per Karnataka model shall be raised by 3.07 times on par with the other pensioners subject to minimum of 50% of the revised pay scale of pay of their respective post;

(ii) and in the alternative, consolidation of the existing pensions of the above section of pensioners as per the methodology adopted by the Central Government in pursuance of the recommendations of the VIth Central Pay Commission in para 4.1 of the O.M.F.No.38/37/08 P & PW(A) Government of India dated 01.09.2008.”

2. By an order dated 08.10.2012, this Court directed that existing pension of all the past pensioners who had retired after 01.01.1996 and the pensioners whose pensions were consolidated as per Karnataka model shall be raised by 3.07 times on par with the other pensioners subject to minimum of 50% of the revised pay scale of their respective posts.

3. The complaint of the applicant is that the said direction has not been fully complied with by some states and not complied with at all by few states. Mr. Gopal Jha, learned counsel appearing for the applicant, submitted that some of the retired judicial officers who are almost 90 years of age. It has nearly been a decade since the direction was issued by this Court to pay pension in accordance with the formula mentioned therein. Implementation of the direction dated 08.10.2012 does not brook any further delay.

4. All the state Governments are directed to comply with the direction issued by this Court on 08.10.2012 and submit a report of compliance within a period of four weeks from today.

5. List on 04.05.2022.

Tag along with IA No.89524/2021.

Item 7.1 (Diary No. 2656/2020)

6. List on 04.05.2022.

IA Nos.89450, 88976, 89454/2021 and IA No.44132/2022 in IA No.89454/2021)

7. Heard.

8. Arguments concluded.

9. Judgment reserved.

Advocate List
Bench
  • HON'BLE MR. JUSTICE L. NAGESWARA RAO
  • HON'BLE MR. JUSTICE B.R. GAVAI
  • HON'BLE MR. JUSTICE ANIRUDDHA BOSE
Eq Citations
  • LQ
  • LQ/SC/2022/466
Head Note