NEW DELHI: The Supreme Court on Wednesday observed that state governments cannot cite additional financial burden as a ground to oppose enhancement of the retirement age of judicial officers from 60 to 62 years, saying such concerns appear to be "misconceived", as it directed all states to revisit the issue and take an independent and pragmatic decision, preferably within two weeks.

 

A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana said the reasons assigned by several state governments for declining to enhance the retirement age were untenable and impressed upon them to reconsider the issue irrespective of the age of superannuation prescribed for other government employees.

 

"The reasons assigned by the different state governments for declining to enhance the age of retirement of judicial officers on the ground of additional financial burden appear to be misconceived," the CJI-led Bench observed.

 

The apex court said it had already examined the financial implications in detail in its 2024 judgment and noted that vacancies arising due to retirement would, in any event, have to be filled through fresh recruitment, which itself entails recurring expenditure.

 

"We have no reason to doubt that the continuation of experienced and seasoned judicial officers would entail a lesser financial liability than what the state would incur upon their retirement," the bench remarked.

 

The top court observed that judicial officers constitute a distinct and separate class under the constitutional scheme and cannot be equated with other government employees merely because they are appointed by the state governments.

 

It added that states should not hesitate to take a positive decision on enhancement of the retirement age merely because the jurisdictional High Courts may have expressed reservations on the issue.

 

"The state governments are expected to take their own independent decision in light of the factors noticed above," the bench said.

 

The apex court also directed the High Courts to deliberate on the issue in their Full Court meetings and communicate their views to the respective state governments.

 

Saying that the larger issue should preferably be resolved through consensus, the CJI-led Bench directed that the entire exercise be completed on an urgent basis, preferably within two weeks.

 

It further clarified that if any state government decides to enhance the retirement age, the benefit should also be extended to judicial officers who retire during the intervening period.

 

The directions came during the hearing of the long-pending All India Judges Association matter concerning enhancement of the retirement age of members of the district judiciary.

 

Earlier, the Supreme Court had sought responses from state governments and High Courts on the proposal to increase the retirement age of judicial officers from 60 to 62 years. While several states opposed the proposal, citing additional financial burden and disparity with the retirement age of other government employees, the apex court on Wednesday indicated that neither of these reasons could justify declining the enhancement.