The Supreme Court has directed the Central Government to set up a committee to frame uniform guidelines for post-retirement facilities for retired Chief Justices and High Court judges across the country, observing that such benefits currently differ widely from one State to another.

Committee in Two Weeks:

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan directed the Centre to constitute the committee within two weeks. The committee has been asked to submit its recommendations to both the Central Government and the Supreme Court within three months of its constitution.

The Court was hearing a writ petition concerning security and other important post-retirement facilities available to retired High Court judges.

Uniform Benefits:

“There can indeed be no doubt that these facilities must be ensured on a uniform basis, as there is no reason whatsoever for such amenities to vary from State to State. Keeping this perspective in mind, we have impressed upon the Union of India to constitute a committee to lay down uniform guidelines and also the manner and mechanism for financial assistance,” the Bench said.

Sharing the Cost:

The Court noted that since the Union Government also provides funds for these facilities, the committee must also recommend how the financial burden should be shared between the Centre and the States.

Security Needed:

During the hearing, Justice Joymalya Bagchi spoke about the security needs of retired judges and observed:

“Security of one police officer for five years is reasonable for a High Court judge…because they deal with sensitive issues also.”

CJI Questions Amount:

Chief Justice of India (CJI) Surya Kant also questioned whether the financial assistance provided by some States for security arrangements was adequate.

“In Rs.45,000-50,000, is it possible to get a driver and security officer?” the CJI asked.

Low Allowance:

He also pointed out that some States provide very low amounts for other post-retirement facilities.

“See the clause - ₹15,000 for secretarial services, security, travel etc.”

Facilities Differ:

The Bench observed that basic facilities such as domestic help, drivers, telephone, medical reimbursement and accommodation in government houses are not the same across all States.

“The basic facilities like domestic help, driver, telephone, medical reimbursement, stay in government houses, etc., vary from State to State. It further appears that lack of uniformity has prompted the Association of Retired Judges to first approach the authorities and thereafter invoke writ jurisdiction,” the Court said in its order.

No Reason for Differences:

CJI Surya Kant said there was no justification for such differences between States. He observed that while some States provide all necessary facilities, others provide none.

“One way is the Government of India constitutes a committee and prescribes norms. Central Government may also match grants… if you don’t do it, I will have to constitute,” the Chief Justice said.

Centre Agrees:

Solicitor General Tushar Mehta, appearing for the Centre, said the Government had no difficulty in constituting such a committee.

“No difficulty. We can constitute. This is an issue which needs to be addressed. It will be addressed in the spirit expressed,” Mehta submitted.

Case Details: JUSTICE V.S. DAVE PRESIDENT, THE ASSOCIATION OF RETD. JUDGES OF SUPREME COURT AND HIGH COURTS v. KUSUMJIT SIDHU . AND ORS.