SC gives ‘one last opportunity of compliance’ and directs to pay the pension of the retired judicial officers by December 8, 2023

Today, the Supreme Court of India gave the Chief Secretaries of defaulting States and Union Territories ‘one last opportunity of compliance’ in association with its order in the All India Judges Association vs. Union of India case. The order provided a timeline for the Centre and the States to pay the pension of the retired judicial officers as per the enhanced pay scale as recommended by the SNJPC (Second National Judicial Pay Commission).

While giving the order, the bench observed that despite the directions given by the top Court, the Union Territories and States practiced wilful breach and non-compliance with the court’s order. The bench also said, this warranted contempt against the Chief Secretaries of defaulting Union Territories or States as the case may be. Therefore, the SC ordered, “In order to grant one last opportunity of compliance, we direct that the directions of this court shall be effected on or before December 8, 2023, failing which Chief Secretaries of all default states or Union Territories shall personally remain present before this court on December 8. Compliance affidavit to be filed before the next date of hearing.”

The matter was heard today by a three-judge bench led by Chief Justice of India DY Chandrachud including other two judges Justice Manoj Misra, and Justice JB Pardiwala. The SC bench also stated, “We clarify that directing compliance before December 8 shall mean actual crediting of the amount payable to each judicial officer and in case of family pensions, surviving spouses.”