Supreme Court gives Centre one more week to set up panel on retired judges’ benefits

The Supreme Court on Thursday granted the Centre one more week to constitute a panel that will work towards framing a uniform national policy on post-retirement benefits for former high court judges.

The proposed policy will cover facilities such as drivers, security personnel and accommodation in government guest houses while retired judges travel.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana took note of Additional Solicitor General Aishwarya Bhati’s request for more time.

"The Additional Solicitor General seeks one week's time to set up the committee," the bench said. The matter will now be listed after 10 days.

Court warns it may constitute panel itself

The bench was informed that the Centre had not yet constituted the panel. The CJI said that if the government failed to do so, the court would constitute the committee itself.

The court had earlier, on July 20, directed the Centre to form the panel within two weeks and asked it to submit its report within three months.

The proceedings stem from a contempt petition filed by Justice V S Dave, president of the Association of Retired Judges of the Supreme Court and High Courts, concerning security and other facilities available to retired judges.

SC questions financial assistance for security, drivers

During an earlier hearing, the CJI questioned whether the financial assistance provided by some states was enough to hire drivers and security personnel.

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

The court also pointed to differences in facilities provided by different states.

"There is a lack of uniformity among states. One way is that the government of India constitutes a committee and prescribes norms. The central government may also match grants. If you don't do it, I will have to constitute one," the CJI told the solicitor general.

The law officer said the government was willing to form the panel.

"There is no difficulty. We can constitute it.

"This is an issue which needs to be addressed. It will be addressed in the spirit expressed," Mehta said.

Facilities differ across states

In its order, the bench said the case concerns the admissibility of various post-retirement benefits and facilities for retired chief justices and judges of high courts.

"The issue that falls for consideration in these proceedings revolves around certain benefits/facilities to be made admissible to retired Chief Justices and judges of high courts," the court said.

The bench noted that facilities such as domestic help, drivers, telephone services, medical reimbursement and government accommodation vary considerably between states.

It said the Centre is a key stakeholder as any proposed framework could require financial contributions to be shared between the Centre and states.