Tripura High Court
Supreme Court In Case Of All India ... vs Union Of India And Others Reported In ... on 2 September, 2021
Author: Akil Kureshi
Bench: Akil Kureshi, S. G. Chattopadhyay
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HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
WP(C)(PIL) No.11 of 2021
Court on its own motion.
For Respondent(s) : Mr. D. Bhattacharya, G.A.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY _O_ R_ D_ E_ R_ 02/09/2021 (Akil kureshi, CJ) The issue pertains to pensionary benefits that the new entrance in Tripura Judicial Service after 1st July, 2018 would receive. The Government of Tripura under a notification dated 13 th July, 2018 has framed New Defined Contributory Pension Scheme which would be applicable to all those who joined the State Government service on or after 1st July, 2018. The office of the Accountant General is of the opinion that this new pension scheme would be applicable also to the Judicial officers of the District Judiciary. Accordingly, instructions have been issued to bring them over to the New Contributory Pension Scheme and also to discontinue their GPF accounts.
A question in this respect would arise whether the State Government can unilaterally take such a decision. The Supreme Court in successive cases have dealt with the issues pertaining to terms and conditions of the service of Judicial officers of the District Judiciary, time Page 2 of 3 and again observing that their service cannot be equated with other government servants. The pay scales and other service conditions of Judicial officers, so far are governed by the recommendations made by the Pay Commissions appointed by the Supreme Court whose recommendations are accepted with modifications as directed by the Supreme Court in case of All India Judges' Association and others versus Union of India and others reported in (1993) 4 SCC 288 and (2002) 4 SCC 247.
Presently, the question of revision of pay scales of such Judicial officers is under consideration of the Supreme Court. A fresh Pay Commission of Justice P. Venkatarama Reddy has been appointed. The Pay Commission has also submitted its report containing its recommendations. These recommendations are being examined by the Supreme Court. When the Supreme Court is assessing of all these issues and such considerations are at an advanced stage, the question is, was it open for the State Government to materially alter the service conditions of certain Judicial officers. Post retiral benefits are important elements of a person's service conditions. Such decision has been taken by the State Government even without consultation with the Chief Justice.
In such background, a detailed note of the Chief Justice was placed before the State Government under a letter dated 23rd February, Page 3 of 3 2021 recommending that this decision may be reconsidered. More than six months have passed since then there is no official response from the Government. This issue is far too important to be left to the uncertainties of executive delays. Terms and conditions of service including post retiral benefits of a Judicial officer touch the very core of the independence of judiciary. It is, therefore, decided to take this issue in suo motu public interest petition.
Let there be notice to the respondents, returnable for 27th September, 2021. For better assistance to the Court and for collecting necessary facts and data, let the Tripura Judicial Officers' Association be added as an additional respondent.
(S.G. CHATTOPADHYAY), J (AKIL KURESHI), CJ Dipesh