Supreme Court Warns Contempt Action Against Chief Secretaries for Non-Compliance with Pension Directives

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On Thursday, the Supreme Court issued a stern warning, stating that contempt of court action would be initiated against Chief Secretaries of states failing to adhere to its prior directives to implement revised pension rates for district judges from July 1. The bench, led by Chief Justice of India (CJI) DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, observed that certain states and union territories had not yet complied with the court’s directive issued on May 19.

Despite granting an extension until December 6 for compliance, the court cautioned that Chief Secretaries of non-compliant states would be required to appear before the Court on December 8 if the deadline is not met.

The bench expressed dissatisfaction with the lack of adherence to its orders, stating, “There is a default breach and non-compliance of the orders of this Court which warrants contempt against Chief Secretaries.”

The Court clarified that compliance entails the actual crediting of revised pension amounts to the bank accounts of judicial officers or their surviving spouses.

In its May 19 directive, the Supreme Court instructed High Courts and competent authorities to make necessary amendments to service rules within three months. The directive aimed to implement certain recommendations accepted by the Court concerning the service conditions of judicial officers. The Court also mandated the payment of revised pension rates to retired judicial officers from July 1, 2023.

Furthermore, the Court directed an increase in the number of district judge posts to 35%, up from the existing 25% of cadre strength.

The bench called on all High Courts to comply with these directives by December 31 and to notify amendments to the service rules no later than January 31, 2024.

The matter also addressed concerns about the impact of the contributory scheme on the financial dignity of judicial officers. The next hearing on this matter is scheduled for the third week of January 2024.

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