Tuesday, July 27, 2010

26.7.2010 SC ORDER REGARDING PENSION


S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS


I.A. No.244 in Writ Petition (C) No.1022/1989

[IN RE. : PENSION]

ALL INDIA JUDGES ASSON. & ORS Petitioner(s)

VERSUS

UNION OF INDIA & ORS Respondent(s)
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE AFTAB ALAM
HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN
UPON hearing counsel the Court made the following

O R D E R

Heard learned Amicus Curiae and learned counsel for the parties.
We approve the recommendations made by Justice Padmanabhan Commmittee to continue with Justice Shetty Commission recommendations, as mentioned in Paragraphs 31(a), (d) and 36 of the Report.

We approve of the recommendation made by Justice Padmanabhan Committee in Paragraph 31(b) with respect to Recommendation No.4 in Part-V, which reads as under:

“[31(b)] With respect to recommendation No.4 regarding cash payment of Rs.1250/- p.m. as domestic help allowance to retired judicial officers, this deserves to be increased from Rs.1250/- to Rs.2500/- per month to retired judicial officers. It is for the Hon'ble Supreme Court to consider and give Domestic Help Allowance to Family Pensioners and it is reasonable to pay Rs.1000/- to family pensioners.”

This Order is required to be passed keeping in mind the rate of inflation as of today. Consequently, we increase the cash payment to be paid to retired Judicial Officers from Rs.1250/- per month to Rs.2500/- per month. It is made clear that the above increase in the Domestic Help Allowance will apply to all retired Judicial Officers.

We also accept the Report of Justice Padmanabhan Committee in regard to grant of Domestic Help Allowance to Family Pensioners and, accordingly, grant them Domestic Help Allowance at the rate of Rs.1000/- per month.

Similarly, with regard to payment of fixed monthly Medical Allowance, we accept the Report of Justice Padmanabhan Committee which has increased such Allowance from Rs.100/- per month to Rs.1500/- per month for retired Judicial Officers. In respect of Family Pensioners, we approve the recommendation of Justice Padmanabhan Committee giving Medical Allowance to Family Pensioners at the rate of Rs.750/- per month.

Coming to the retirement benefits for Judicial officers, who have retired on or after 1st January, 2006, we accept the Report of Justice Padmanabhan Committee vide Paragraph 33(a). Consequently, the qualifying years of service for earning full pension for Judicial Officers will be twenty years instead of thirty three years with effect from the date as per VIth Central Pay Commission.

We further accept the Report of Justice Padmanabhan Committee in which, vide Paragraph 34(b), it has been stated that with respect of quantum of pension and it's calculation, the recommendation of Justice Shetty Commission will continue subject to a modification with respect to qualifying years of service for earning full pension, which shall be twenty years, as directed above, instead of thirty years. It is further clarified that as far as computation of pension is concerned, it shall be computed at fifty per cent of the last pay drawn.

As far as additional quantum of pension is concerned, direction has been sought vide Paragraph 35(b) of Justice Padmanabhan Committee Report. Accordingly, we direct that additional quantum of pension will be paid to the Judicial Officers, who have since retired, including Family Pensioners, in terms of VIth Central Pay Commission Report. In other words, they will be paid according to the Chart annexed at Page 31 [First Part], which is re-produced hereinbelow:

Age of Pensioner/Family Pensioner Additional quantum of pension
From 80 years to less than 85 years 20% of revised basic pension/family pension
From 85 years to less than 90 years 30% of revised basic pension/family pension
From 90 years to less than 95 years 40% of revised basic pension/family pension
From 95 years to less than 100 years 50% of revised basic pension/family pension
100 years or more 100% of revised basic pension/family pension

We also accept the Report of Justice Padmanabhan Committee which has directed that ceiling limit of gratuity be raised from Rs.3.5 lakhs to Rs.10 lakhs. However, this will be with effect from 1st January, 2006.
We may place on record that, as far as the above directions are concerned, no State has raised any objection.
With regard to other issues, place the matter on 2nd August, 2010.


[ T.I. Rajput ] [ Madhu Saxena ]
A.R.-cum-P.S. Assistant Registrar

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