Supreme Court Issues ‘Final Chance’ Ultimatum to States and UTs for Timely Pension of Arrears Payment

SUPREME COURT LAW INSIDER

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Published on: November 24, 2023 at 11:35 IST

The Supreme Court, in the matter of All India Judges Association v. Union of India, has given Chief Secretaries of defaulting States and Union Territories a “final chance” to comply with its order regarding the pension arrears for retired judicial officers.

The court had set a timeline for the payment of pension as per the enhanced pay scale recommended by the Second National Judicial Pay Commission.

The bench, consisting of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, warned that failure to credit the amount by December 8, 2023, could lead to contempt proceedings against Chief Secretaries.

The court emphasized that compliance meant the actual crediting of the amount payable to each judicial officer or surviving spouse in the case of family pensions.

In May 2023, the Supreme Court directed all States and Union Territories to file a compliance affidavit by July 30, 2023, regarding the implementation of the enhanced pay scale.

The court had ordered the payment of arrears in three installments, with the revised rate of pensions payable by July 1, 2023. However, the court observed non-compliance by certain States and UTs and granted a final opportunity for adherence, emphasizing the importance of timely compliance.

The court also directed High Courts to ensure compliance with rules related to the enhancement of posts and assured career progression by December 31, 2023. The matter is scheduled for the next hearing on February 29, 2024.

Case Title: All India Judges Association v. Union of India (WP(C) No. 643/2015)

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