The Supreme Court on Monday clarified that there is no legal hurdle in increasing the retirement age of judicial officers in Madhya Pradesh from 60 to 61 years.

A bench led by Chief Justice B.R. Gavai and Justice Augustine George Masih noted the submissions made by the Madhya Pradesh Judges Association and directed the Madhya Pradesh High Court to consider the matter on its administrative side, preferably within two months.

The Judges Association had approached the Supreme Court in 2018, initially seeking an increase in the retirement age of district judges from 60 to 62 years. However, it later revised its request, asking only for an extension to 61 years, in line with a precedent set by another state.

Although the Association had first raised the demand before the Madhya Pradesh High Court in 2018, the request was turned down. The High Court cited the 2002 judgment in the All India Judges Association case to deny the enhancement, interpreting it as a bar against such increases.

However, on Monday, CJI Gavai referred to a more recent order in the same case involving the Telangana government, where a similar clarification was sought regarding increasing the retirement age to 61. In that instance, the Supreme Court had permitted the enhancement, finding no legal impediment.

“In view of that order, we do not find any impediment in permitting the State of Madhya Pradesh to increase the retirement age of its judicial officers to 61 years,” said the CJI.

The bench added that the final decision would rest with the Madhya Pradesh High Court in its administrative capacity. If the High Court approves the proposal, the enhancement will stand permitted.