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MINUTES OF THE MEETING OF THE EXECUTIVE COMMITTEE HELD ON 15TH OCTOBER 2022 AT 10.30 A.M AT JAIPUR HOTEL, JAIPUR (Rajasthan)

Hon’ble Shri V.S. Dave Patron, Hon’ble Shri S.N. Bhargav, Hon’ble Shri P.C. Jain, Hon’ble Shri Deepak Maheshwari, Hon’ble Shri Justice Prashant Agarwal, special invitees graced the meeting.

 The following office bearers were present in the meeting, who have appended their signatures on the separate sheet annexed to the minutes.

The quoram for the meeting was complete.

President Justice K.L. Sharma, proceeded with the proceedings, Justice Mahendra Dayal Secretary General Presented his notes on each item of the agenda.

Agenda No. 1 :- Confirmation of the minutes of the meeting dated 23rd July 2022, of the Executive Committee.

Resolved that the minutes aforesaid be and are hereby confirmed.

Agenda No. 2 :- Information about the new members of the Association;

The Secretary General informed that till today nineteen Hon’ble Judges have joined the Association and have become life members. It was resolved that every member of the Association wherever he is residing, should contact the retiring Judges of the High Court and persuade them to become the life member of the Association and invite attention to the Association website www.arjschc.com, from which application for membership can be downloaded. It would be highly appreciable that every member persuades at least two retired Judges to become the life member of the Association.    

Agenda No. 3 :- Consideration of the report of Justice S.N. Agnihotri, Secretary in charge litigation;

The Secretary General informed that no report has been received from Hon’ble Justice S.N. Agnihotri.

 

Agenda No. 4:- Consideration for filing the writ petition by the Association for post retiral benefits to retired judges and their spouses, of the High Courts;

After long deliberations it was resolved that the state chapters should pursue their Hon’ble Chief Justices to take up this issue with the Hon’ble Chief Minister of the State.

Agenda No. 5:- Consideration of the report of Justice J.K. Ranka, Secretary In Charge of the State Chapter;

Secretary General informed that no report has been received from Hon’ble Justice J.K. Ranka, and only an upto date list of the members of the Rajasthan Chapter has been given to him. However, Justice J.K. Ranka orally informed that despite his letters to the state chapters, wherever working, no information about the office bearers of the State chapters has been received by him. Further, in more than half States, retired Judges are not having any State chapter. The Registrar Generals of such High Courts have also shown their inability to provide any information regarding State chapter. As a result of discussions for suggesting ways and means in this regard, the Secretary General suggested that the office bearers should themselves contact their counterparts residing in the other States and persuade them to form the state chapter in their State, inviting their attention to the website of the Association www.arjschc.com , wherein upto date information of the Association has been uploaded. It was then resolved, that besides the efforts of Justice J.K. Ranka, all the office bearers should themselves contact their counterparts residing in the other states and persuade them to form the State chapter in their State, inviting their attention to the website of the Association www.arjschc.com , wherein upto date information of the Association has been uploaded.  

Agenda No. 6:- Consideration of the framing of the bye-laws;

The draft of the bye-laws was circulated to the office bearers on email in the last week of August 2022, inviting suggestions/ objections by 30th September 2022, but no suggestions or objections was received. However, in the meeting, Hon’ble Justice I.S. Srivastava, made a suggestion that the bar of two terms of office for the eligibility to contest election mentioned in bye-law number 6, should be deleted so as to make the active members eligible for election as the office bearer for more than four years. After deliberations on the effect of the bye-law number 6, it was resolved that the bye-laws be and are hereby approved subject to the deletion of the bye-law number 6 and consequentially renumbering of the remaining bye-laws.

Agenda No. 7:- Consideration of the adoption of the logo of the Association;

There was no suggestion by any office bearer regarding the proposed logo of the Association, but the Secretary General presented a sample of a logo which was considered. Some memjbers suggested that the logo should also indicate within a circle around, the name of the Association for its relevancy. However, members desired postponement of this item to the next meeting of the executive committee, so that they may also search and suggest some other better logo. It was therefore resolved to defer this agenda item to the next meeting.

Agenda No. 8:- Consideration of the filling of the vacancy of the executive member on regional basis;

The Secretary General informed that Karnataka State Chapter is not represented in the executive committee, but there are three names of retired judges from Karnataka who may be considered for filling one vacancy after obtaining their consent. After discussion it was resolved, that the Secretary General should obtain consent by email and whatsapp from the such life members settled at Bangalore, whether they are willing to be nominated in the vacancy of the executive member of the executive committee of the Association and if, more than one retired judge conveys his consent the President is authorized to select one of them to be the executive member of the executive committee.

 

Agenda No. 9:- Consideration of the date and venue of the next meeting of the Executive Committee;

Justice D.K. Trivedi Vice President, offered and suggested that the next meeting of the executive committee be held at Ahmadabad (Gujarat Judicial Academy) on 7th January 2023. subject to confirmation. The office bearers readily agreed to the suggestion and it was resolved that the next meeting of the executive committee be held at Ahmadabad on 7th January 2023, or other suitable date as confirmed by Justice D.K. Trivedi.

 

Agenda No. 10:- Any other matter of importance with the permission of the President.

Permission has been given by the President to consider the following Items raised by the Hon’ble Members;

  1. Justice S. Samvatsar referred to the decision of the Hon’ble Supreme Court relating to the pay, pension and allowances payable to the Judicial Officers of the country with effect from 1st January 2016, and pointed out that the direction of the Hon’ble Supreme Court to pay additional pension to the Judicial Officers on completion of seventy five years of age by 20% of pension, would create, if implemented by the Governments, anomalous position vis-à-vis the additional pension payable to the retired Judges of the High Court. He further suggested that a writ petition be filed in the Hon’ble Supreme Court for grant of similar benefits to the retired Judges of the High Court. After long discussions it was resolved, that writ petition be filed for the purpose in the Hon’ble Supreme Court of India and Hon’ble Justice S. Samvatsar and Justice N.K. Mody be entrusted with the draft and filing of the said writ petition and a vakalatnama of the Association be signed by Justice S.N. Agnihotri, Secretary and member of the litigation committee, who has already been authorized by the President to sign vakalatnamas.

  2. The Hon’ble Justice J.K. Ranka, informed that some life members from different States have desired issuance of Photo ID cards by the High Courts to the retired Judges, so that they may not face any inconvenience as regards their identity at important places/ functions/ journeys/ hospitals etc. In fact several High Courts have issued and are issuing Photo ID cards to the retired Judges who have provided their Photos and other important particulars including the blood group and contact number of the nearest relation.  It is understood that if the retired Judges submit the desired particulars and photo to the Registrar General of the High Court concerned for issuance of photo ID card, it would be most likely issued to the concerned Judge. A suggestion was also advanced that the Association should also issue Photo ID card to the life members of the Association, if the life member so desires and provides the Photo and all the details. Though, it would be a costly affair, yet the Association can also issue such card to the desiring members. The President may also write to the chief Justices of such High Courts for issuance of photo ID cards to the retired Judges of the High Court which is not so far issuing the same, but the Hon’ble member will have to point out the name of such High Court.

 

 

The committee is highly grateful to the Hon’ble Patron Justice V.S. Dave, and the special invitees who have spared their valuable time for gracing this meeting and for giving their valuable suggestions.

 

The meeting ended with thanks to the chair.

 

The minutes of this meeting be uploaded on the Association website www.arjschc.com .

The minutes of the meeting be circulated by email and whatsapp to the Hon’ble Patron, special invitees and all the office bearers of the Association.

President

(Justice K. L. Sharma)

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©2024 by Association of Retired Supreme Court & High Court Judges of India.

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