Raise Judges' Retirement Age to 61 for Now: Supreme Court Tells States

Raise Judges' Retirement Age to 61 for Now: Supreme Court Tells States

The Supreme Court on Wednesday directed all States and Union Territories to consider increasing the retirement age of judicial officers to 61 years, pending a final decision on whether it should be enhanced to 62 years across the country.

A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana passed the order while hearing a plea seeking a uniform increase in the retirement age of district judiciary judges from 60 to 62 years.

The Court directed all State governments and Union Territories to take a decision on the issue in consultation with their respective High Courts.

"All State Governments and Union Territories are directed to take a decision, in consultation with their respective jurisdictional High Courts. In case they agree, judicial officers in such States shall be permitted to continue in service up to the age of 61 years. Such continuation shall remain subject to the final outcome of these proceedings," the Bench ordered.

The issue has remained unresolved since 2002, when the Supreme Court declined to accept the Shetty Commission's recommendation to raise the retirement age of district judges to 62 years.

Since then, some States, including Madhya Pradesh and Telangana, have moved to enhance the retirement age to 62 years. However, in Madhya Pradesh, the High Court had earlier withheld its approval, citing the Supreme Court's 2002 ruling.

During Wednesday's hearing, the Court was informed that the Full Court of the Madhya Pradesh High Court has now passed a resolution supporting an increase in the retirement age of judicial officers from 60 to 62 years.

It was also brought to the Court's notice that the Punjab and Haryana High Court and some other High Courts continue to oppose the proposal, pointing out that the retirement age of government employees in their respective States remains 60 years or lower.

Observing that the issue requires an early resolution, the Supreme Court directed all States, Union Territories and the concerned High Courts to file their respective stands within two weeks.

The Bench clarified that States and High Courts already in favour of increasing the retirement age need only file a brief statement instead of a detailed affidavit.

The Court further made it clear that its final decision on the legal issue would be independent of the views expressed by the States and High Courts.

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