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Judicial officers pension: Supreme Court directs listing of review pleas within 2 weeks

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The Supreme Court on Wednesday directed the Registry to list the review petitions seeking implementation of the July 22, 2022 order of the Apex Court related to enhanced pension of judicial officers based on the recommendations of the Second National Judicial Pay Commission, within the next two weeks.

The Bench of Chief Justice D.Y. Chandrachud, Justice P.S. Narasimha and Justice J.B. Pardiwala observed that the proceedings in the present case should be held after the outcome of the review proceedings and tentatively listed the matter for hearing on February 6.

It noted that on January 18, the top court of the country had clarified that the review petitions shall be listed before an appropriate Bench and had also granted extension to states for submission of their response on the matter.

The CJI directed the Registry that since former Chief Justice of India, Justice N.V. Ramana was a member of the three-Judge Bench that delivered the order dated July 27, 2022, it shall take appropriate administrative directions for constitution of the Bench to hear the review pleas.

Advocate K. Parmeshwar, who was appointed as Amicus Curiae in the matter, had apprised the top court of the country during the previous hearing that 17 States had filed affidavits of compliance with respect to the order, directing for an enhanced pay scale. 

Haryana and Manipur had filed review petitions along with the Union government, while the States of Odisha, Punjab and Tamil Nadu had sought extension of time to comply with the order, added the Amicus.

Parmeshwar today said that owing to review petitions that had been filed, there were certain principal objections that ran across pay, pension and allowances.

The CJI then observed that essentially, arguments arose in the review petitions. Now those review petitions have to be disposed of, so that the Bench could have clarity on what has happened in those. 
If these review petitions were allowed, the objections would be addressed. However, if the same were dismissed, objections would cease to have any meaning.

Earlier on July 22 last year, the Apex Court had ordered implementation of the enhanced pay scale as recommended by the Second National Judicial Pay Commission with effect from January 1, 2016.

The Bench of then CJI N.V. Ramana, Justice Krishna Murari and Justice Hima Kohli also directed the Centre and the States to pay the arrears to the officers in three instalments – 25 percent in three months, another 25 percent in next three months and balance by June 30, 2023.

The top court of the country had constituted the Second National Judicial Pay Commission in 2017 for reviewing the pay scale and other conditions of Judicial Officers belonging to the subordinate judiciary all over the country. 

The Bench comprising Justice J. Chelameswar and Justice Abdul Nazeer had appointed former Supreme Court Judge Justice P.V. Reddy as commission Chairman and former Kerala High Court Judge and Senior Supreme Court lawyer R. Basant as member.

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