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Supreme Court directs states to revise the pension of retired judges as per 2012 order

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The Supreme Court on Tuesday directed all state governments to comply with its order passed in 2012 directing the revision of the existing pension of all retired judges.

A bench of Justices L. Nageswara Rao, B.R. Gavai and Aniruddha Bose passed the order while hearing an application moved by the All India Retired Judges Association. The next hearing has been listed on May 4.

The Association in its application sought 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.”

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By an order dated 08.10.2012, the Apex 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.

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. Gopal Jha, counsel appearing for the applicant, submitted that some of the retired judicial officers are almost 90 years of age.

The Court observed that it has nearly been a decade since the direction was issued by the Apex 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.

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“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. List on 04.05.2022”

-the order reads.

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