ALL INDIA JUDGES, ASSOCIATION AND ORS. ETC. ETC. v. UNION OF INDIA AND ORS. ETC. ETC.

Those who have crossed the age of 57 years and those who cross the age of 58 years soon after the date of this decision will c exercise their option within one month from the date of this .decision. If they <lo not do so, they will be deemed to have opted for continuing in service till the age of 60 years. Jn that case, they will also be subjected lo the review for compulsory reliremenl, if any, notwithstanding the fact that there was no enough time to undertake such review before lhey attained the age of 58 years. D However in their ease, the review should be undertaken within two months from the date of the expiry of the period given to them above for exercising their option, and if found unfit, they should be retired compulsorily according to the procedure for compulsory retirement under the Rules. E Those judicial officers who have already crossed the age of 58 years, will nol be subjected to the review for compulsory retirement and will continue in service upto the extended superannuation age of 60 years since they have had no opportunity to exercise their option an<l no revie\V for compulsory retirement could be under~ F taken in their ease before they reached the age of 58 years.

fc] The direction for granting sumptuary allowance to the District Judges and Chief Judicial Magistrates stands withdrawn for the reasons given earlier. G [d] The direction with regard to the grant of residence-cum-library allowance will cease to operate when the respective State Govern- ments/Union Territory Administrations start providing the courts, as directed above, with the necessary Jaw books and journals in H consultation with the respective High Courts.

ALldNDIAJUDGESASSN v. U.O.L[SAWANT,J.] 789

[e] The direction with regard to the conveyance lo be pruvided·to A

-.. the District Judges and that the regard lo the establishment of the training institutes for the judges have been clarified by us in paragraphs 7 [vii] & [viii] respectively. It is the Principal District Judge at each district headquarters or the metropolitan town as the case may be, who will be entitled to an independent vehicle. This will equally apply to the Chief .Judicial Magistrate and·the B Chief Metropolitan Magistrate. The rest of the judges and magistrates will be entitled to pool-vehicles · one for every five judges for transport from residence to Court and back · and when needed, to loans for two whocler automobiles and conveyance allowance. The Stale Governments/Union Territory Administra· C tions arc directed to provide adequate quality of free petrol for the vehicles no exceeding 100 litres per month in consultation with the High Court.

[f] In view of the establishment of the National Judicial Academy, it is optional for the States to have their independent or joint D training judicial institutes.

[g] The rest of the directions given in the judgment under review are 1naintained.

[h] In view of the pendency of these review petitions, E

(i) the time to comply with the directions for bringing about 1 • uniformity in hierarchy, designations and jurisdictions of judi- < cial officers on both civil and criminal sides is extended upto 31st March, 1994; F (ii) the time to comply with the directions to provide law books and law journals to all courts is extended upto 31st December, 1993 failing which the library allowance should be paid to every judicial officer with effect form lst January, ., 1994 if it is not paid already; G (iii) the time to provide suitable residential accommodation, requisitioned or Ciovernment, to every judicial officer is ex~ tended upto 31st March, 1994;

(vi) the time to comply with the rest of the directions is H

790 SUPREME COURT REPORTS [1993] SUPP. 1 S.C.R.

A maintained as it was directed by the judgment under review.

11Copy pinpoint11. The review petitions are disposed of accordingly. I.A. Nos. 2 and 3 which are for intervention and I.A. No. 4 for impleadment are dismissed. No. order as to costs. B S.L.P. (C} No. 14505 of 1992

12Copy pinpoint12. In view of our above decision in the review petitions, this S.L.P. C is dismissed I.A. 1of1992 which is for exemption from filing certified copy of the impugned judgment is allowed and I.A. No. 2 of 1992 which is for interim stay of the impugned order is dismissed.

Writ Petition No. 71of1993. D

13Copy pinpoint13. By the judgment of this Court reported in 1992 (1) SCC 119, it was directed that the State Governments should take appropriate steps to raise the retirement age of judicial officers by 31st December, 1992. It E meant that those who were to retire on or before 31st December, 1992 would not get the benefit of the enhanced age of retirement. In the present case, the writ petitioner was admittedly to· retire on 31st December, 1992 according to the superannuation age prevalent till that time, viz., 58 years. He would not, therefore, be entitled to the benefit of the enhanced retire- ment age which is to come into force from 1st January, 1993. The writ F petition is accordingly, dismissed. I.A. No. 1 of 1993 which is for ad-interim relief will also stand dismissed.

Any clarification that may be required in respect of any latter arising out of this decision will be sought only from this Court and from no other '( Court. Further, the proceedings if any, for implementation of the directions given in this judgment shall be filed only in this Court and no other court shall entertain them.

G.N. Review petitions disposed of.