“No Legal Impediment To Increasing Retirement Age”: Supreme Court On Plea Seeking Parity For Madhya Pradesh Judicial Officers

The Court was hearing a petition filed by the Madhya Pradesh Judges Association seeking parity with State Government employees, whose superannuation age had been raised to 62 years.

A Bench of the Chief Justice of India B.R. Gavai and Justice Augustine George Masih observed, “We do not find that there should be any impediment in permitting the respondents i.e. State of Madhya Pradesh and the High Court of Madhya Pradesh to enhance the age of retirement of the judicial officers working in the State of Madhya Pradesh to 61 years.”

The Court added, “We, therefore, clarify that if the rules framed by the State of Madhya Pradesh permits and if the High Court takes a decision to enhance the age of retirement of the judicial officers in the State of Madhya Pradesh to 61 years the same would be permissible.”

The Petitioner was represented by Senior Advocate Ajit S. Bhasme, while Deputy Advocate General Harmeet Singh Ruprah appeared for the Respondents.

Brief Facts

The Madhya Pradesh Judges Association had approached the Supreme Court seeking, inter alia, a direction to enhance the age of superannuation of subordinate judicial officers in the State to 62 years, in line with other State Government employees. The petition also prayed for consequential amendments to Rule 16 of the Madhya Pradesh Higher Judicial Service (Recruitment and Conditions of Service) Rules, 2017, and Rule 14 of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 (Amended).

The representation made before the Madhya Pradesh High Court was rejected on the administrative side on the ground that the Supreme Court’s order dated March 21, 2002 in All India Judges’ Association v. Union of India did not permit such enhancement.

Reasoning of the Court

The Court referred to its order dated November 23, 2023 in I.A. No. 170936 of 2023 in W.P.(C) No. 643 of 2015, where it had permitted the High Court of Telangana to amend its judicial service rules to bring the age of superannuation of judicial officers in line with Section 3(1A) of the Telangana Public Employment (Regulation of Age of Superannuation) Act, 1984. That decision was made in light of the State Government’s increase in retirement age for public servants from 60 to 61 years.

The Court had recorded therein, “Permission as sought by the High Court of Telangana is granted and the IA is made absolute in terms of prayer clause (I)... the increase in the age of retirement would be beneficial to the judicial officers.”

On the basis of parity and benefit to the judicial officers, the Court clarified that the Madhya Pradesh High Court and State Government may similarly proceed.

The Court further observed, “We, therefore, clarify that if the rules framed by the State of Madhya Pradesh permits and if the High Court takes a decision to enhance the age of retirement of the judicial officers in the State of Madhya Pradesh to 61 years the same would be permissible."

Accordingly, the Bench disposed of the petition with a direction to the administrative side of the Madhya High Court to take a decision on the matter within three months.

Cause Title: Madhya Pradesh Judges Association v. State of Madhya Pradesh & Anr. (W.P.(C) No. 819/2018)

Appearance:
Petitioner: Senior Advocate Ajit S. Bhasme; AOR Sanjay Kumar Dubey; Advocates Rakesh Kumar Tewari, Shuchi Singh, Vivek Kumar Pandey, Krishna Kant Dubey, Shivani Mishra
Respondent: DAG Harmeet Singh Ruprah; AOR Sunny Choudhary; Advocates Arjun Garg, Sagun Srivastava, Saaransh Shukla

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