ALL INDIA JUDGES ASSOCIATION v. UNION OF INDIA & ORS.

p. 71 Copy page pinpoint

[PAMIDIGHANTAM SRI NARASIMHA, J.]

44.10 The procedure for migration/fitment of the serving Accepted – to A Judicial officers and also the procedure for fixation beread with of pay on promotion shall be as explained in paras Corrigendum 13.5 and 13.8. dated March 2021 submitted by the SNJPC B 44.11(i) As regards the date of accrual of increment, there Accepted shall be no change in the existing system which is being followed in various states/UTs i.e. the increment shall be once in a year as per the date of appointment or promotion orfinancial upgradation. C 44.11(ii) The retiring Judicial officers shall have the benefit Accepted of increment becoming due the next day following their retirement. That increment shall be for the purposes of pension only and shall be subject to vertical ceiling of Rs. 2,24,100/-. D 44.12 The pay of the judicial officers of Accepted all ranks/grades in the new pay matrix/paystructure shall be effective from 01.01.2016 44.13 Arrears of Pay w.e.f. 01.01.2016 shall be paid Accepted E during the calendar year 2020, after adjusting the interim relief already paid under the Interim Report dated 09.03.2018. 44.14 The present practice of sanction of DA at the rates Accepted prescribed by Central Government from time to time shall continue. The Hon’ble Supreme Court may issue directions that the benefit of revised DA in conformity with the orders issued by the Central Government from time to time shall be paid to the Judicial officers without delay, and in any case, not later than 3 months from the date of issuance of the order by the Central Government. The benefit of revised rates of DA shall accrue from the effective date as specified in the Order issued by Central Government in this behalf. H

72 SUPREME COURT REPORTS [2023] 7 S.C.R.

A 44.15(i) Grant of 1st ACP to Civil Judge (Jr. Div.) shall Accepted, the revised not be based on the application of the existing norms be developed norm of seniority-cum-merit. There shall be by the High Courts in relaxed norms for assessing the performance in accordance with this terms of output. The scrutiny shall be for the judgment limited purpose of ascertaining whether there is anything positively adverse such as consistently poor/unsatisfactory performance or adverse B report of serious nature leading to the inference that the Officer is unfit to have the benefit of ACP. 44.15(ii) If for any reason, delay in grant of ACP goes Accepted beyond one year, one additional increment for every year delay shall be granted subject to adjustment while drawing the arrears on grant of ACP. C 44.16(i) The posts of District Judges (Selection Grade) Accepted shall be increased to 35% of the cadre strength as against the existing 25%, and the District Judges (Super Time Scale) shall be increased to 15% of the cadre strength as against the existing 10%. It will be effective from 01.01.2020 D 44.16(ii) The upgradation benefit shall be given to the To be considered at District Judges by applying the principle of the relevant stage seniority-cum-merit instead of merit-cum- seniority. 44.16(iii) If the post remains or continues for three years To be consideredat it shall form part of cadre strength. the relevant stage 44.17 The Pay Revision benefit which is already Accepted available to the Presiding Judges of Industrial E Tribunals/Labour Courts (outside the regular cadre of subordinate judiciary) in view of the recommendation of JPC, shall be extended to them also simultaneously with Judicial Officers of regular cadre without administrative delays. 44.18 The Judges of the Family Courts in Accepted Maharashtra who belong to a separate cadrehave F to be extended the benefit of pay of District Judge (Selection Grade) and District Judge (Super Time Scale) in the same ratio as prescribed for regular District Judges. The High Court to propose the minimum age for grant of Selection Grade, if considered necessary. The Principal Judge Family Court (ex-cadre) to be allotted quarters preferentially, in General Pool G Accommodation. 44.19 Special Judicial Magistrates (Second Accepted with Class)/Special Metropolitan Magistrates (dealing modification of with petty criminal cases) shall get minimum Rs. 45,000 per month remuneration of Rs.30,000/- per month in and Rs. 5,000/- per addition to conveyance allowance of Rs.5,000/- month for conveyance per month w.e.f. 01.04.2019 and to be suitably revised every five years. H

p. 73 Copy page pinpoint

[PAMIDIGHANTAM SRI NARASIMHA, J.]

6. RECOMMENDATIONS ON PENSION, GRATUITY A AND AGE OF RETIREMENT ETC

84Copy pinpoint84. We will now deal with the recommendations of SNJPC on Pension, Gratuity etc. For the purposes of convenience, the recommendations are set out below: B Recommendation Recommendation No. 39.1 No change in pension for those retiring after 01.01.2016- the pension/family pension shall be @50% / 30% of the last drawn pay at the time of retirement C 39.2 Revised pension of retired judicial officers would be 50% of last drawn pay 39.3 Formulations as given in Report to apply for pension revision: (i) Multiplier factor of 2.81 to be applicable for pension; or (ii) Pensioners to be fitted appropriately in the fitment table (Table II, para 13.3, Ch. II, Vol. I, p. 73) whichever is higher 39.4 Judicial officers who retired prior to 01.01.2016 to be placed notionally at the D corresponding stage. 39.5 For judicial Officers who retired prior to 01.01.1996, if no consequential re- fixation has been done by the Government concerned based on the directives of this Hon’ble Court, the said benefit shall be extended to them first without further delay. E 39.6 The benefits of number of years of practice at bar subject to maximum of weightage of ten years will be given to direct recruits of HJS who retired prior to 01.01.2016. Family Pension F 4.1 For family pensioners, no change is suggested in the existing percentage of family pension, that is, it shall be @30% of last drawn pay at the time of retirement of the Judicial officer 4.2 Family Pension @30% shall be paid to eligible family member(s) as given in Rule 54 CCS (Pension) Rules 1972 at par with the spouse, after the death of the spouse. G 4.3 The quantum of family pension shall be worked out in the same manner as quantum of pension is worked out. 4.4 Income limit, if any prescribed by any State in relation to dependent family members (other than the spouse) for being eligible to get family pension shall be not less than Rs.30,000/- per month (rupees thirty thousand per month). H

74 SUPREME COURT REPORTS [2023] 7 S.C.R.

A Additional Quantum of Pension/Family Pension 21.1 Additional quantum of family pension on completion of age of and at the rates specified as per Table in p.49, Vol. II Part-I 21.2 This benefit of additional pension shall be available to all eligible B pensioners/family pensioners w.e.f. 01.01.2016. 21.3 No recovery shall be effected from those who have availed the benefit of additional pension on completion of age of 65 or 70 years as per the extant orders of the some of the State Governments

C 21.4 The State Governments may also choose to continue to extend the prevailing benefits upto the age of 75 years to the retired Judicial officers as well. Gratuity 8.1 Retirement gratuity shall be calculated as per Rule 50(1)(a) of CCS (Pension) Rules 1972. D 8.2 The maximum limit for retirement gratuity/death gratuity shall be Rs. 20 lakhs which shall be increased by 25% whenever DA rises by 50%. 8.3 These recommendations shall be effective from 01.01.2016. 8.4 To the officers who have retired after 01.01.2016 and paid retirement gratuity as E per pre-revised pay and the maximum limit at that time, the differential gratuity payable on account of revision of pay shall be paid subject to the revised maximum limit. 8.5 The death gratuity shall be paid as per table in p.52, Vol. II on the basis of length in service F Retirement Age of Judicial Officers No change in retirement age of 60 years recommended Financial Assistance in Case of Death 9.1 The benefit of family pension as per Rule 54(3) of CCS (Pension) Rules, as G amended vide notification dated 19.09.2019 shall be extended to the family members. 9.2 The other benefits such as one time lumpsum grant, compassionate appointment, permission to stay in official quarters etc. already in force in the States shall continue to apply, in addition to death gratuity. H

p. 75 Copy page pinpoint

[ PAMIDIGHANTAM SRI NARASIMHA, J.]

A Assistance to Pensioners/Family Pensioners 11.1 Special attention shall be bestowed to them by rendering due assistance for processing the medical bills of the pensioners/family pensioners who are too old, infirm or differently abled or undergoing in-patient treatment for serious ailment 11.2 District Judge shall nominate a Nodal Officer for liasoning work, if required, in B emergency in facilitating admission in the hospital and getting the medical bills of the pensioners/family pensioners cleared promptly. 11.3 Special Cell entrusted with the responsibility of the processing the representations of the pensioners/family pensioners and to initiate action as may be considered appropriate to redress the grievance expediously, shall be created in the High C Court under the supervision of an officer of the rank of Joint Registrar, in the High Court. 11.4 A Judge of the High Court shall be nominated to oversee the functioning of Special Cell and issue necessary instructions. D 11.5 The representatives of the Retired Judges Associations shall be permitted to meet the Registrar General of the High Court atleast once in a year to discuss the problems, if any. 11.6 The Registry of the High Courts to compile data of the pensioners and family pensioners. E

National Pension Scheme 31.1 The National Pension System (NPS)/Defined Contributory Pension Scheme shall not be applicable to all judicial officers. 31.2 The Defined Benefit Pension Scheme/Old Pension Scheme shall be applicable to F all Judicial officers irrespective of the date of their joining the judicial service. 31.3 For those who have judicial service after 01.01.2004, the contributions together with the returns earned thereon will be refunded to them or transferred to their GPC account. G 31.4 The Government shall facilitate opening of the GPF Account of the new entrants to the judicial service after 01.01.2004 and transfer their contribution with the returns earned thereon.

76 SUPREME COURT REPORTS [2023] 7 S.C.R.

A 7. CONSIDERATIONS OF RECOMMENDATIONS ON PENSION, GRATUITY ETC

85Copy pinpoint85. Individual recommendations made by the SNJPC on pension are considered hereinbelow. I. No Change in Percentage of Pension for Retirees On or B After 01.01.2016 (Recommendation 39.1)

86Copy pinpoint86. The Commission has not recommended any change in the current percentage of pension, fixed at 50% of last drawn pay for pension and 30% for last drawn pay for family pension. The FNJPC had also recommended this position and this Court had accepted it. Therefore, C when no change is recommended, no real objections can be raised regarding the recommendation. II. Revised Pension of Retired Judicial Officers should be 50% of the Last Drawn Pay

87Copy pinpoint87. After considering the opinions of the FNJPC and the One- Person Commission, the Commission recommended that for judicial D officers who retired before 01.01.2016, the revised pension should be 50% of the last drawn pay of the post held at the time of retirement. This is also unchanged in its formulation and thus remains the same. III. Multiplier and Fitment of Pensioners in Pay Matrix (Recommendation No.39.3, 39.4) E

88Copy pinpoint88. As a result of the recommendations of the SNJPC on pay, the pensioners also will be equally benefitted. The recommendation of the Commission is that the multiplier of 2.81 will equally apply to pensioners as well. As a consequence thereof, the pensioners will also be fitted into the table and pension will be paid to them on this basis.In other words, to F ensure parity of pension between judicial officers who retired at the same level but under different pay scales, the pension must be brought on par. After extensive analysis, the Commission has also included certain illustrations to make its recommendations clear. The illustrations lend clarity to the recommendation and thus ought to be read along with the recommendation. G

89Copy pinpoint89. It may be noted that as with the recommendation on fitment in pay, the SNJPC has issued a corrigendum on fitment in its Supplemental Report dated March 2021. This Corrigendum corrects arithmetical mistakes made in the original report. Therefore, the fitment table must be construed in accordance with the corrected table on fitment. H

p. 77 Copy page pinpoint

[PAMIDIGHANTAM SRI NARASIMHA, J.]

90Copy pinpoint90. There is merit in the recommendation of the Commission. A The revision of pay must also reflect in the revision of pension. Therefore, the multiplier which applies to pay must also apply to pension. Consequently, the pensioners must be therefore fitted into the same scheme in the pay matrix. The recommendation is thus accepted. IV. Consequential Re-fixation of Judicial Officers who B Retired Prior to 01.01.1996 (Recommendation no. 39.5)

91Copy pinpoint91. The Commission noted that due to a discrepancy in the report of the One-Person Commission, the pension granted to judicial officers who retired after 2006 was not being given in parity to those who retired before 2006. This Court in All India Judges Assn. v. Union of India, C (2014) 14 SCC 444 (dated 08.10.2012) was apprised of the error committed by the One-Person Commission and directed this to be corrected. However, the prayer in the application was limited to post- 2006 retirees. In a second38 and third round39 of litigation, the Supreme Court directed all the State Governments to follow its Order dated 08.10.2012 and directed revision of pension for those who retired post- D

1996. By way of abundant caution, the Commission recommended that those States which have not granted this benefit to those who retired before 1996, must be given the same benefit.

92Copy pinpoint92. The recommendation of the Commission is only in furtherance of parity. State Governments have, in the past, been directed to undertake the consequential re-fixation before. However, if such consequential re- fixation has not been undertaken, the officers who had retired prior to 1996, and who would have aged significantly would be discriminated against. Such a situation ought to be avoided and thus the recommendation merits acceptance. This Court directs this recommendation to be implemented immediately and without delay. V. Benefit of Years of Practice at the Bar while calculating pension (Recommendation no. 39.6)

93Copy pinpoint93. After considering the judgments rendered by this Court in Government of NCT Delhi v All India Young Lawyers Association G (2009) 14 SCC 49, the Commission, recommended that the number of

38 Order dated 14.07.2016 in All India Judges Assn. v. Union of India in WP(C) No.1022/ 1989. 39 Order dated 13.03.2018 in All India Judges Assn. v. Union of India in WP(C) No.1022/

78 SUPREME COURT REPORTS [2023] 7 S.C.R.

A years of practice at the Bar subject to the maximum of weightage of 10 years shall be given while calculating pension and other retiral benefits. This Court in Government of NCT Delhi reasoned that this would be required as otherwise a direct recruit from the bar who becomes a District Judge would not be entitled to full pension. The recommendation, being the implementation of the judgment of this Court, merits acceptance. It B is accordingly ordered. VI. Recommendations on Family Pension (Recommendation Nos. 4.1 to 4.4)

94Copy pinpoint94. As regards family pension, the Commission has not recommended any change in the existing percentage, i.e., 30% of the last drawn pay. Therefore, this recommendation, as such, does not warrant any further deliberation as it is the mere continuation of the existing regime. The recommendation is accepted.

95Copy pinpoint95. At the same time, the Commission has recommended payment of family pension @ 30% to the eligible family member after the death of the spouse. This benefit has been given in light of Rule 54 CCS (Pension) Rules, 1972, which grants similar benefits to members of the central civil services. This recommendation is also thus accepted as it has been granted to members of the central civil services.

96Copy pinpoint96. Obviously, the quantum of family pension must be increased as per the same multiplier/index of rationalization applicable for pension. This is because the same factors which are applicable to pay and pension leading to their increase also equally apply to family pension. The Commission has also recommended the same. We accept the recommendation and direct that the quantum of family pension also worked out in the same manner as quantum of pension is worked out. F

97Copy pinpoint97. The last recommendation is that on the income limit prescribed by States to be eligible for family pension. The minimum limit prescribed by the Commission was Rs. 30,000/-. This limit is reasonable but it must be left to the discretion of the States to prescribe a higher limit which is more beneficial to the judicial officers. Thus, the recommendation is accepted. VII. Recommendations on Additional Quantum of Pension/ Family Pension (Recommendation Nos. 21.1 to 21.4)

98Copy pinpoint98. On account of the additional assistance required on increasing age, it has been the policy of the Central Government to grant additional quantum of pension. The Commission has recommended the payment

p. 79 Copy page pinpoint

[PAMIDIGHANTAM SRI NARASIMHA, J.]

of additional quantum of pension from the age of 75 years onwards at A the rates mentioned in the table on p.44 of the Report.

99Copy pinpoint99. It is seen that different states have different ages for the grant of additional quantum of pension and family pension. The 7 th CPC suggested the age of 80 years as the minimum. High Court and Supreme Court judges also receive additional quantum of pension at the age of 80 B years. It was however argued by Gourab Banerji, Senior Advocate that as District Judges retire at a younger age, the additional quantum of pension should accrue to them at a younger age as well.

100Copy pinpoint100. Given that many of the States granted this benefit from the age of 70 and the Commission recommended the grant of additional C quantum of pension from the age of 75. This reasoning of the Commission merits acceptance. If States have been granting more beneficial pension rates, it cannot be denied to the judicial officers. Judicial Officers cannot be left worse off than officers of the State. Therefore, this Court accepts this recommendation. D

101Copy pinpoint101. The Commission has further recommended that this benefit be paid from 01.01.2016. As with the other similar recommendations for the aspects of pay and pension, this recommendation is accepted.

102Copy pinpoint102. The concern of the Commission, reflected in Recommendation No.21.3, that recovery will be initiated against officers who have been E given additional pension from the age of 65 or 70 is genuine. If judicial officers have already been granted a more beneficial regime and are moved to the regime suggested by the Commission and accepted by the Court, no recovery ought to be made against them. Consequently, it is left to the States to continue the benefits upto the age of 75 years as well. These recommendations are accordingly accepted. F VIII. Recommendations on Gratuity (Recommendation Nos. 21.1 to 21.4)

103Copy pinpoint103. The first recommendation on Gratuity by the Commission is to bring the calculation of gratuity on par with Rule 50(1)(a) of the Central G Civil Services (Pension) Rules, 1972. There cannot be any dispute regarding this recommendation as it is to bring about uniformity in conditions of service. Therefore, this recommendation merits acceptance by this Court.

104Copy pinpoint104. The Commission further recommended that the maximum limit for retirement gratuity/death gratuity shall be Rs. 20 lakhs which H

80 SUPREME COURT REPORTS [2023] 7 S.C.R.

A shall be increased by 25% whenever DA rises by 50%. This recommendation has also been made in accordance with the Report of the 7th CPC, and the purpose of the same is to ensure that the cost of living does not make the gratuity without purpose. Therefore, this recommendation also merits acceptance by the Court.

105Copy pinpoint105. The third recommendation is to make the recommendations effective from 01.01.2016. This has now been settled by this Court before and has been reiterated in the present judgment as well. The recommendations must come into force from 01.01.2016. Consequentially, those judicial officers who retired after 01.01.2016 must also benefit from the acceptance of the Report. Thus, the Commission has suggested C that the differential gratuity be paid to them subject to the revised maximum limit. This is merely consequential and is accepted by this Court. It is accordingly ordered.

106Copy pinpoint106. The final recommendation made by the Commission on the subject of gratuity is that death gratuity be paid on the same lines as the D 7th CPC. Accordingly, the recommendation is accepted as it is in line with the already accepted principles laid down by this Court. IX. Recommendations on Retirement Age

107Copy pinpoint107. No change has been recommended by the Commission to the retirement age of judicial officers. No opinion, therefore, is expressed on this subject by this Court. X. Recommendations on Financial Assistance in Case of Death

108Copy pinpoint108. The Commission has recommended that where a judicial officer dies while in service, the family pension and death cum retirement gratuity as per the applicable rules is payable to the spouse/dependent, of the deceased officer. The recommendation of the Commission is in terms of Rule 54 of the CCS (Pension) Rules, 1972. This recommendation is reasonable and in furtherance of the principle of uniformity across services. Therefore, it merits acceptance by this Court. G XI. Recommendations on Assistance to Pensioners

109Copy pinpoint109. The Commission has made some well-considered recommendations on assistance to be given to pensioners and family pensioners. While they may merit acceptance, it is appropriate to consider H them at a later stage as they do not require any change in principles or

p. 81 Copy page pinpoint

[PAMIDIGHANTAM SRI NARASIMHA, J.]

amendments to any rules but are merely executive in nature. Therefore, A this Court is of the opinion that the recommendations may be considered at a later stage. XII. Recommendations on Abolition of New Pension Scheme

110Copy pinpoint110. This Court has been apprised of the recommendations made by the Commission regarding the non-applicability of the New Pension B Scheme to judicial officers. However, given the objections raised to this issue by a number of States, the issue may be dealt with separately after hearing the states. Therefore, this recommendation too will be considered at a later stage.

111Copy pinpoint111. The resultant position on the recommendations is tabulated C below for convenience:

Recommendation Recommendation Order of this Court No. 39.1 No change in pension for those retiring after 01.01.2016- Accepted D the pension/family pension shall be @50% / 30% of the last drawn pay at the time of retirement 39.2 Revised pension of retired judicial officers would be Accepted 50% of last drawn pay 39.3 Formulations as given in Report to apply for pension Accepted – read E revision: (i) Multiplier factor of 2.81 to be applicable for with the pension; or (ii) Pensioners to be fitted appropriately in Corrigendum dated the fitment table (Table II, para 13.3, Ch. II, Vol. I, p. 73) March, 2021 whichever is higher 39.4 Judicial officers who retired prior to 01.01.2016 to be Accepted – read placed notionally at the corresponding stage. with the F Corrigendum dated March, 2021 39.5 For judicial Officers who retired prior to 01.01.1996, if Accepted – directed no consequential re- fixation has been done by the to be implemented Government concerned based on the directives of this immediately Hon’ble Court, the said benefit shall be extended to G them first without further delay. 39.6 The benefits of number of years of practice at bar Accepted subject to maximum of weightage of ten years will be given to direct recruits of HJS who retired prior to 01.01.2016. H

82 SUPREME COURT REPORTS [2023] 7 S.C.R.

A Family Pension 4.1 For family pensioners, no change is suggested in the Accepted existing percentage of family pension, that is, it shall be @30% of last drawn pay at the time of retirement of the Judicial officer 4.2 Family Pension @30% shall be paid to eligible family Accepted B member(s) as given in Rule 54 CCS (Pension) Rules 1972 at par with the spouse, after the death of the spouse. 4.3 The quantum of family pension shall be worked out in Accepted the same manner as quantum of pension is worked out. 4.4 Income limit, if any prescribed by any State in relation Accepted – with C to dependent family members (other than the spouse) for liberty to States to being eligible to get family pension shall be not less than grant more Rs.30,000/- per month (rupees thirty thousand per beneficial position month). Additional Quantum of Pension/Family Pension 21.1 Additional quantum of family pension on completion of Accepted age of and at the rates specified as per Table in p.49, Vol. D II Part-I 21.2 This benefit of additional pension shall be available to Accepted all eligible pensioners/family pensioners w.e.f. 01.01.2016. 21.3 No recovery shall be effected from those who have Accepted availed the benefit of additional pension on completion E of age of 65 or 70 years as per the extant orders of the some of the State Governments 21.4 The State Governments may also choose to continue to Accepted extend the prevailing benefits upto the age of 75 years to the retired Judicial officers as well. Gratuity

F 8.1 Retirement gratuity shall be calculated as per Rule Accepted 50(1)(a) of CCS (Pension) Rules 1972. 8.2 The maximum limit for retirement gratuity/death Accepted gratuity shall be Rs. 20 lakhs which shall be increased by 25% whenever DA rises by 50%. 8.3 These recommendations shall be effective from Accepted 01.01.2016. G 8.4 To the officers who have retired after 01.01.2016 and Accepted paid retirement gratuity as per pre-revised pay and the maximum limit at that time, the differential gratuity payable on account of revision of pay shall be paid subject to the revised maximum limit. 8.5 The death gratuity shall be paid as per table in p.52, Vol. Accepted H II on the basis of length in service

p. 83 Copy page pinpoint

[PAMIDIGHANTAM SRI NARASIMHA, J.]

Retirement Age of Judicial Officers A No change in retirement age of 60 years recommended Accepted Financial Assistance in Case of Death 9.1 The benefit of family pension as per Rule 54(3) of CCS Accepted (Pension) Rules, as amended vide notification dated 19.09.2019 shall be extended to the family members. 9.2 The other benefits such as one time lumpsum grant, Accepted B compassionate appointment, permission to stay in official quarters etc. already in force in the States shall continue to apply, in addition to death gratuity. Assistance to Pensioners/Family Pensioners 11.1 Special attention shall be bestowed to them by rendering To be considered at due assistance for processing the medical bills of the a later stage pensioners/family pensioners who are too old, infirm or differently abled or undergoing in-patient treatment for serious ailment 11.2 District Judge shall nominate a Nodal Officer for liasoning work, if required, in emergency in facilitating admission in the hospital and getting the medical bills of the pensioners/family pensioners cleared promptly. 11.3 Special Cell entrusted with the responsibility of the processing the representations of the pensioners/family pensioners and to initiate action as may be considered appropriate to redress the grievance expediously, shall be created in the High Court under the supervision of an officer of the rank of Joint Registrar, in the High Court. 11.4 A Judge of the High Court shall be nominated to oversee the functioning of Special Cell and issue necessary instructions. E 11.5 The representatives of the Retired Judges Associations shall be permitted to meet the Registrar General of the High Court atleast once in a year to discuss the problems, if any. 11.6 The Registry of the High Courts to compile data of the pensioners and family pensioners. National Pension Scheme F 31.1 The National Pension System (NPS)/Defined To be considered at Contributory Pension Scheme shall not be applicable to a later stage all judicial officers. 31.2 The Defined Benefit Pension Scheme/Old Pension Scheme shall be applicable to all Judicial officers irrespective of the date of their joining the judicial service. G 31.3 For those who have judicial service after 01.01.2004, the contributions together with the returns earned thereon will be refunded to them or transferred to their GPC account. 31.4 The Government shall facilitate opening of the GPF Account of the new entrants to the judicial service after 01.01.2004 and transfer their contribution with the returns earned thereon. H

84 SUPREME COURT REPORTS [2023] 7 S.C.R.

A 8. CONSEQUENTIAL DIRECTIONS

112Copy pinpoint112. Ultimately, the effect of the acceptance of the recommendations of this Court is that necessary amendments must be carried out in Service Rules of the Judicial Officers across all jurisdictions. It is thus directed that the High Courts and the competent authorities, B wherever applicable, bring the rules in conformity with the recommendations accepted by this Court above within a period of 3 months. Compliance affidavits be placed on record by the High Courts, the States and the Union within four months.

113Copy pinpoint113. In the case of payment of arrears of pay, this Court had by C Orders dated 27.07.2022 and 18.01.2023 already directed that all arrears of pay be cleared by 30.06.2023. In this regard, it is directed thatcompliance affidavits must be filed by all States and Union Territories by 30.07.2023 that the arrears of pay have been positively credited into the accounts of the concerned officers.

114Copy pinpoint114. The revised rates of pension, which have been approved by this Court, shall be payable from 01.07.2023. For the payment of arrears of pension, additional pension, gratuity and other retiral benefits as well, following the Orders dated 27.07.2022 and 18.01.2023, it is directed that 25% will be paid by 31.08.2023, another 25% by 31.10.2023, and the remaining 50% by 31.12.2023. E

115Copy pinpoint115. List on 17.7.2023 for further compliance on pay and pension on which date this Court will take up the recommendations on allowances.

Divya Pandey Directions issued. (Assisted by : Roopanshi Virang, LCRA) F