top of page

Important Order / Letters

Office Order 2 of 2022             01.08.2022

In continuation of the earlier information of the office bearers of the New Executive Committee of the Association, it has come to notice that none of the senior advocates appearing before the Hon’ble Supreme Court or High Court of Delhi has not been so far authorized to receive summons/notices in the matters filed by or against the Association. Therefore, (Justice) Mr. N.K. Mody, senior advocate of the Hon’ble Supreme Court and team leader of the litigation committee nominated by the Executive Committee is hereby authorized to receive notices/ summons issued in all matters filed or pending before the Hon’ble Supreme Court or High Court of Delhi. The Secretary General of the Hon’ble Supreme Court and the Registrar General of High Court of Delhi are requested to direct the concerned officers/officials to send all the notices and summons of any such case aforesaid, to Mr. N.K. Mody, senior advocate at House No. A/192, Defence Colony, New Delhi-110024, Mob.No.09425115911,Email-nkmody1@gmail.com.

(Justice K.L. Sharma)

 President

 

Copies by Email for information and necessary action;

  1. All the office bearers of the Association.

  2. All the members of the litigation committee.

  3. The Secretary General Supreme Court of India, New Delhi.

  4. The Registrar General of the High Court of Delhi.

 

  (Justice Mahendra Dayal)
   Secretary General

          Office Order 3 of 2022           01.08.2022

Hon’ble Justice S.N. Agnihotri Secretary of the Association and In-charge of the litigations filed by or against the Association or by any other former Judge relating to the common cause, is hereby authorized to sign for and on behalf of the Association, the vakalatnamas engaging Advocates/senior Advocates pending in the Hon’ble Supreme Court of India and all High Courts of India for defending the common cause.

                                                                                                                                                                   [Justice K.L. Sharma]
President

 

Copies for information and necessary action;

1. All the office bearers of the executive committee.
2. All the senior advocates/ life members of the Association practicing before the Hon’ble Supreme Court of India and High Courts of India.

 

[Justice Mahendra Dayal]
Secretary General

       Office Order No. 4 of 2022

It has come to my notice that the Hon’ble Supreme Court of India has constituted a special bench to hear all the writ petitions filed by the retired High Court Judges praying for parity in pension payable to them. The cause for parity in pension payable to former Judges of the High Courts is common to the interest of all the members of the Association. Though these writ petitions have been filed by the individual retired judges engaging their own counsel, yet the Association can also render its full assistance to these petitioners through the litigation committee constituted by the New Executive Committee in its last meeting held on 23rd July 2022, in Delhi High Court Campus.

It is therefore, requested that the team leader of the Executive Committee Mr. N.K. Mody senior advocate should collect the details of these writ petitions and of the counsel engaged by the petitioners and brief all the senior advocates in the litigation committee and other members who are the senior advocates practicing in the Supreme Court and coordinate with them so as to ensure the presence/appearance before the special bench on the dates of hearing along with the counsel already engaged by the petitioners. I am fully sanguine that if our senior advocates make collective and solid efforts, the common cause will be realized.

 (Justice K.L. Sharma)
  President

Copies by email for information and necessary action to;

  1. All the Office Bearers of the Executive Committee.

  2. All the members of the litigation committee with a request to contact at their level the petitioners and their counsel and provide the details to Shri N.K. Mody, Senior advocate and team leader for coordination.

 

(Justice Mahendra Dayal)
Secretary General

Office Order No. 7 of 2022                  01.11.2022

I Justice K.L. Sharma President of the Association, hereby direct that the bye-laws of 2022 made by the executive committee in its meeting dated 15th October 2022 held at Jaipur Hotel, Jaipur are hereby made applicable w.e.f 1st November 2022.


 [Justice K.L. Sharma]
President

Letters

Letter No. ARJSCHC/P-01/2022

To,                                                                                                                                                      
Hon’ble Shri Kiren Rijiju
Union Minister for Law and Justice
Govt. of India, Shastri Bhawan

New Delhi

Sub: Suggestions for amendments in the High Court Judges (Salaries and conditions of service) Act 1954 and the High Court Judges Rules 1956

Sir,
           You will be surprised to know that the Judges of the High Court are not still getting equal 
pension, despite the inclusion of 10 years of practice at the Bar in the qualifying service, for the reason that the yearly rates of pension as specified in the first schedule part 1 to part 3 are changed from time to time. This Association feels that the principle of one rank one pension (OROP) must be extended to the Judges of the High Court and Supreme Court by merely simplifying the procedure for the determination of the pension, which can be easily done by deleting the first schedule including part I, part II and part III of the Act 1954 and by adding or modifying some provisions in the substantive sections 2 (h), 14, 15, 16, 17, 17A, 23, 23D and adding section 23E, 23F, 23G, 23H,  23J and 23K. We therefore make the following suggestions for amendment of the necessary provisions of the Act 1954 for your consideration and follow up as early as possible. If these amendments are made as early as possible, all the litigations by former Judges shall be withdrawn.

PROPOSED AMENDMENTS TO THE ACT 1954:-

  1. In Section 2(h) Service for pension; Add clauses (iv), (v), (vi) and (vii) as follows;

(iv) Entire period of judicial service of judicial officers elevated to the high court;

(v) Ten years period of practice of the judge elevated from the Bar;

(vi) Period of service recognized by explanation to Article 217(2) of the Constitution of India.

(vii) Period of delay of over three months from the date of due vacancy till the date of the notification of the appointment.

  1. Section 14 with proviso and explanation be replaced by the following section 14 and the proviso:-

14. Subject to the provisions of this Act, every Judge shall be paid a pension equal to fifty percent of the pay last drawn or presumptive revised pay; provided that no such pension shall be payable to a judge unless:

  1. He has completed not less than twelve years of service for pension or

(b)  He has attained the age of superannuation or

(c)  His retirement is medically certified to be necessitated by illness or demise or

(d)  He has voluntarily resigned.

Provided further that if a judge at the time of his appointment is in receipt of a pension (other than disability or wound pension) in respect of any previous service in the Union or State, the pension payable under this Act shall be determined afresh and paid in lieu of, and not in addition to, that previous pension.

  1. Replace existing section 15 along with proviso and sub-section 2 by the new section 15 as follows:-

“If a judge on his superannuation, demise or resignation lacks minimum 12 years of service for pension under section 2(h) read with section 16, his pension shall be proportionately reduced on the basis of the available period of service for pension in proportion to the prescribed period of service, with respect to the full amount of pension being fifty percent of the pay last drawn or the presumptive revised pay”.

  1.  Delete the proviso to section 16 and add an explanation in the following words:- 

“Explanation:- Delay in the recommendation and finalization of appointment of a Judge over three months shall be deemed to be special reason”.

  1. Deleted the word “Second” before the word “Schedule” appearing in the last sentence of section 17.

  2. Replace the explanation (i) and (ii) and subsection (2) of section 17A by the following explanation:

“Explanation”:- for the purpose of determining the person entitled to family pension; the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the Central Civil Services, Group A shall apply”.

  1. The sub-section (3) of Section 17A be re-numbered as (2)

The words relating to the amount of the minimum family pension used in the last sentence of section 17A be replaced by the words:- “Such amount as may be fixed by the President” from time to time, after the words “minimum of” used in the section 17A.

  1. Delete wholly the first schedule and all the three parts to the Act 1954

  2. Add explanation to existing section 23:-
    “Explanation”:- These provisions shall also apply to a former judge and the members of his family.

  3. Replace the existing section 23D by the following section:-

“23D(1) Every retired Judge shall, with effect from the date on which the High Court Judge (Conditions of Service) Amendment Act, 1976, receives the assent of the President be entitled, for himself and his family, to the same facilities as respects medical treatment and on the same conditions as a Judge of the High Court and his family members.

(2) Notwithstanding anything in sub-section (1), a retired Judge of the High Court for a State may avail, for himself and his family, any facilities for medical treatment which the Government of that State may extend to him.

11. The following new sections may be inserted after section 23D, as follows:-
“23E :- A former Judge will be entitled from the High Court on demand to the services of a stenographer on part-time basis free of charge for any work of legal nature or personal communication of articles, views or comments to the Government, High Court, Supreme Court or other authorities and Journals etc”.

            “23F:- A former Judge or his Spouse will be entitled on demand from the High Court a staff car with a driver for personal use in emergency or seeking medical facility or for attending functions etc. free of charge”.

            “23G:- A former Judge or his Spouse will be entitled on demand to get from the district police chief, Security personnel at residence or on outside movement, free of charge

            “23H:- A former Judge and his Spouse will be entitled for life to domestic assistance and outdoor work either by providing necessary man power or cash payment equal to the pay and allowances including annual increments as payable to an orderly peon of High Court from time to time on monthly basis”.

            “23J:- The state Government may provide any other such facility to a former judge and his spouse as it may consider necessary”.

“23K:- Notwithstanding anything to the contrary contained in any Act, Rules or notification, a former Judge will be entitled on re-employment by the government, public corporation/ company and other statutory authority etc. to get the same salary, allowances, perquisites, transport and other facilities as are admissible from time to time to the Judge of the High Court”.

            Proposed amendments to High Court Judges Rules 1956

In order to remove inequality, discrimination and lowering of status, we suggest the following amendments to be made in the High Court Judges Rules 1956:-

  1. In the existing rule 2, the word “Chief” be inserted between the words “the rank of” and “Secretary to the government” appearing therein.

  2. All the provisos to the existing rule 2 be deleted.

  3. Renumber existing rule 2A as rule 3.

  4. Insert a new rule numbering 4 after rule 2A; as follows:

“(i) A Judge and the Chief Justice of every High Court shall be entitled for himself and his family to such facilities for medical treatment and accommodation in hospitals as are admissible to a Cabinet Minister and the Chief Minister respectively of the State in which the principal seat of the High Court is situated.

(ii) In case a Judge or the Chief Justice is required to perform any function outside his normal duties or stays on personal visits, in any locality other than his headquarters, he shall be entitled for himself and his family to such facilities for medical treatment and accommodation in hospitals, the transport and the telephone, as admissible to the Cabinet Minister and the Chief Minister respectively of the State comprising of the said locality in India and abroad.

(iii) Every former Judge of the High Court shall be entitled for himself and his family to such facilities for medical treatment and accommodation in hospitals and the transport, free of charges, as admissible to the Cabinet Minister of the concerned State at his place of settlement or temporary residence throughout India and abroad.”

  1. A former Judge of the High Court will be paid monthly domestic assistance allowance equivalent to the salary payable from time to time to an orderly peon of the High Court at the minimum of the pay scale, with dearness allowance and annual increments thereon. The payment of this allowance shall continue during the life time of the Judge and after demise, to the surviving spouse for life time at the same rate.”

  2. Renumber all the existing rules to 2B, 2C, 2D, 2E, 3 and 4 accordingly. Change the reference of the existing rules in the explanation to section 2A and other sections accordingly, wherever such references appear in those rules.

 

With regards
Yours Sincerely

Justice K.L. Sharma
[President]

 

 

 Letter No. ARJSCHC/P-02/2022

M/s Agarwal Shailja & Associates (CA)                           27.07.2022
3/131, Vishwas Khand Gomtinagar,
Lucknow 226010

Subject: Engagement of an Auditor for the FY  2022-23

Messers,

This is to inform you that in the meeting of the executive committee held on 23rd July 2022, in Delhi High Court, Lawyers Chamber, Block-III, the following resolution has been passed:

“The Secretary General informed that M/s Kashyap Sikadar & Company has refused to do audit work of the Association for the Financial Year 2022-23 and onwards because of his employment somewhere else and therefore, he suggests that another auditor is required to be engaged for audit work. As the power has been delegated by the General Assembly held on 24th April 2022, at Judicial Training & Research Institute at Lucknow, to the Executive Committee, it was considered necessary to engage an auditor from Lucknow as the President and Secretary General are settled at Lucknow. In this connection the President has received only one bio-data of Shailja and Associates (CA) having office at Lucknow. It was resolved that Agarwal Shailja & Associates (CA) having office at 3/131, Vishwas Khand Gomtinagar, Lucknow 226010, be engaged on a fixed remuneration of Rs. 10,000/- for auditing the accounts of the Association and filing the income tax return for the FY 2022-23 and assessment year 2023-24 respectively.”

                             Accordingly, I shall be submitting to you all the necessary documents for the purpose of audit and for submission of the Income Tax Return for the financial year ending 31st March 2023, in the month of May 2023, in your office at Lucknow. In the meantime, if any need for consultation arises, I shall be contacting you either on mobile/ email or by meeting.

Yours Sincerely

                               
                              Justice Mahendra Dayal
                                 (Secretary General)                       

Letter No. ARJSCHC/P-03/2022

To,                                                                                           30.08.2022                 
Hon’ble Shri Kiren Rijiju
Union Minister for Law and Justice

Govt. of India, Shastri Bhawan
New Delhi-110001

Sub:- Suggestions for amendments in the High Court Judges Rule 1956

Sir,
               On behalf of the Association of Retired Judges of Supreme Court and High Courts of India and for myself as the President of the Association, convey to your honor heartfelt gratitude for amending the Supreme Court Judges Rules 1959 on 26th August 2022, for granting post retiral benefits to the retired Chief Justice and Judges of the Supreme Court of India, but unfortunately there has been an omission about the spouses of the deceased Chief Justice and other Judges of the Supreme Court. The Association shall be highly grateful to further amend these rules to extend the same benefits for life time to the spouses of the deceased Judges.

            You are already aware that the retired Judges of the High Courts of India are the pensioners of the Union Government and their pensions are charged on the consolidated fund of the union. The union list in the seventh schedule of the constitution of India includes the higher judiciary consisting of the Supreme Court and High Courts. The High Court Judges (salaries and conditions of service) Act 1954, was also enacted by the Parliament of India and the High Court Judges Rules 1956 were made by the Central Government in exercise of the powers conferred by the Act.  Whenever, there are changes or revisions, traditionally the Central Government has been making amendments in the Supreme Court Judges (salaries and conditions of service) Act 1958, and the High Court Judges (salaries and conditions of service) Act 1954, as well as the Rules under both the Acts of Supreme Court Judges and High Court Judges. But so far the corresponding amendments have not been made by the Central Government in the High Court Judges Rules 1956 to grant post retirement benefits to the retired Chief Justice and retired Judges of the High Courts of India. 

            It is true that some of the State Governments have been gracious enough to grant some post retirement benefits to the retired Chief Justice and retired Judges of the High Court, as an expression of good will but there is no uniformity at all whereas the salary and service conditions of the Judges of the High Courts all over India have been uniform by virtue of the Parliamentary Acts and the Rules made by the Central Government. However, the State Governments cannot ensure the uniformity of the post retiral benefits of the retired Judges of the High Courts for several reasons including one that there is no statutory provision either in the Act or the Rules made by the Central Government. It is therefore highly desirable on the part of the central Government to ensure by amending the High Court Judges Rules 1956, also to specify the post retirement benefits to retired Judges and their spouses for life time on the same pattern as made applicable by amendment of the relevant Rules to the retired Chief Justices and retired Judges of the Supreme Court of India.

             At this stage, I solicit your honors pleasure to look at my earlier letter dated 24th July 2022, personally handed to your honor, wherein I had suggested several amendments in the High Court Judges (salaries and conditions of service) Act 1954 and the High Court Judges Rules 1956, for ensuring uniformity in the pensions of the retired Judges of the High Courts of India and other post retiral benefits. A copy of the aforesaid letter is also enclosed herewith for ready reference for favour of your immediate action.

            Our Association shall be highly grateful to your honor and the Hon’ble Prime Minister of India for redressal of the grievances/ removal of hardships faced by the retired Judges and their spouses soon after retirement from the High Court and for extending the benefits to the spouses of the retired Chief Justice of India and the Judges of the Supreme Court also.

                                                                                                   Yours Sincerely

Enclosure:   One as above                                                 
                                                                                         [Justice K.L. Sharma]                                                                                                                     

 

 

 

 

Letter No. ARJSCHC/P-04/2022

Email to

1. The Secretary General, Supreme Court of India, New Delhi

2. The Registrar Generals of all High Courts of India.

Subject:- Request for Circulation of the information about the “Association of Retired Judges of Supreme Court and High Courts of India” to all the Hon’ble Past and Present Justices.

Sir,
           Some of the Hon’ble retired Judges settled in different states of India have brought to our notice that most of the past and present Justices of the Hon’ble Supreme Court and High Courts do not know the existence of the Association of Retired Judges of Supreme Court and High Courts of India, but they are keen to become the member of this prestigious Association and therefore, the required information should be circulated to the Hon’ble Supreme Court and the High Courts through their Registry. In this regard, this is to inform you that the Association established and registered on February 23, 2001 has now launched its website: www.arjschc.com which contains all the necessary information from its beginning till up to date and also the format of the application for membership of the Association, a copy whereof is hereby annexed to this letter.

            The Association will be highly grateful if the Hon’ble Chief Justice of India and the Hon’ble Chief Justices of the High Courts of India are pleased to direct the circulation of this letter along with its annexure (Application for membership), for ready and complete information to all the Hon’ble Judges past and present of the concerned Court.  

                                                                                             Yours Sincerely

                                                                                            Justice K.L. Sharma
                                                                                                  (President)

 

 

Letter No. ARJSCHC/P-05/2022

Email To,                                                                              Lucknow, 7th October 2022
k.sibichen.mathew@incometax.gov.in
Principal Commissioner of Income
Tax/Commissioner of Income Tax
Mr. SIBICHEN K MATHEW
New Delhi

Subject:  Approval sought for the enforcement of the amended Rules of the Association of Retired Judges of Supreme Court and High Courts of India, under para 10 of the order for registration form No. 10AC (See rule 17A/11AA/2C) dated 5th April 2022.

Sir,
This is to intimate that in the extraordinary meeting of the general assembly of the Association held on 6th August 2022, at Judicial Training Research Institute, Lucknow, has accepted the recommendations made by the executive committee in its meeting dated 23rd July 2022, held in Delhi High Court Campus, Lawyers Block No. 3, New Delhi for amendment of the registered office from the residential house no. 53A Alakananda New Delhi to Delhi High Court Campus, Lawyers Block No. 3, New Delhi, and for incorporating the various resolutions passed by the general assembly in the past years in the form of rules mainly relating to the state chapters High Court wise consisting of the members of the Association residing in that area. But, no amendment in the original aims and objects of the Association contained in its memorandum has been made so far. An authenticated copy of the amended registered office and the Rules has already been sent to the registrar of societies Government of NCT, Saket, New Delhi. An authenticated copy of the same amended Rules is being submitted herewith for your perusal and necessary action in the aforesaid order for registration for the years AY 2022-23 to AY 2026-27.

                It is therefore requested that your goodself may kindly be pleased to make the necessary changes in the order for registration dated 5.04.2022 aforesaid and grant approval for the enforcement of the amended rules of the Association.

Encl: Amended Rules                                                                          Yours Sincerely

                                                                                                                Justice Mahendra Dayal
                                                                                                                  (Secretary General)

Letter No. ARJSCHC/P-06/2022                        Lucknow         20th November 2022
 

  1. To The Hon’ble Chief Justice of India
    Supreme Court of India, New Delhi

  2.  Hon’ble Chief Justices of all High Courts of India

Subject:  Issuance of photo I.D Cards to present and past Hon’ble Judges and the spouses of the deceased Hon’ble Judges.

Sir,
           Some Hon’ble Members of the Association have pointed out that some High Courts are not issuing photo ID Cards to their past and present Judges and the Spouses of the deceased Hon’ble Judges whereas, many of the High Courts are issuing such photo ID Cards to Hon’ble Judges but not to the Spouse of the deceased Judges. In the days of fakes, frauds and cheatings, the importance and necessity of authentic photo ID Cards has become great concern for the former Justices and the spouses of the deceased Justices who become in many cases dependent on others for every kind of work relating to their retired life. Neither the public nor the Government cares at all for the helpless superannuated Judges or their spouses after their life for the simple reason that during their tenure, they remained excluded from the society and even from their relations, in the discharge of their independent Judicial functions, In fact they lost their social life which cannot be restored at all by any means after superannuation. The spouses of the Deceased Justices become more helpless and ignored by their own relatives and even by the staff of the High Court. The hard facts of retired life are within the knowledge of everyone.

            As a President of the Association, I consider it my solemn duty to bring such facts to the notices of your lordships, so that your lordships may immediately issue directions to the registry of the court for strict compliance:-

  1. Issue photo ID Cards on request to past and present Justices and the spouses of the deceased Justices, without delay and free of charge; and

  2. Issue circular to all past and present Hon’ble Judges, spouses of the deceased Judges to furnish following particulars along with a passport size photo if they desire to obtain a photo ID Card in their name:-

 


Name of Judge or Spouse in block letters………………………………………………
Designation…………………………………………………………………………

Date of Birth………………..Aadhar Card No……………………………….

Blood Group……………

 

Signature of Card HolderHon’ble Chief Justice

 

The Association will be highly grateful to your lordships if you are pleased to issue the suggested directions as early as possible for strict compliance.

Yours Sincerely
[Justice K.L. Sharma]
President

 

 

Letter No. ARJSCHC/P-07/2022                        Lucknow         20th November 2022
 

  1. The Hon’ble Chief Justice of India
    Supreme Court of India, New Delhi

  2.  Hon’ble Chief Justices of all High Courts of India

 

Subject :- Necessity for protocol facilities by the High Courts to the Former Judges of the Supreme Court settled in their home district/home town.

Sir,
           One Hon’ble Life Member of the Association who after superannuation as a Judge of the Supreme Court of India has settled down in his home district/home town, but he is being totally ignored not only by the protocol department of the High Court having the territorial jurisdiction but also by the district and Session Judge of the area. There is no doubt that several High Courts and their Districts and Session Judges are looking after their former Justices of the Supreme Court and the High Court and have been extending the protocol facilities of men power, transport to airport/ railway station, hospital/ doctors and other outdoor work which the Hon’ble Judge is unable to perform by himself or herself, like the procuring/ purchasing the required medicines and other materials for domestic consumption etc. The Hon’ble High Courts have also issued directions to their District and Session Judges to provide similar facilities to the former Judges settled in their areas.

However, there may be some Hon’ble High Court which has not so far extended protocol facilities to the former Judges of the Hon’ble Supreme Court of India, who have settled down in their home district/home town within its jurisdiction or have not issued any such directions to the District and Session Judges in this regard.

            As a President of the Association, I consider it my solemn duty to refer this omission to your lordships for corrective measures wherever wanting because at every cost the Judiciary has to maintain the status and extend all the facilities to the former Judges of the Supreme Court of India who settle down in their home district/home town other than National Capital Region(Delhi and Noida).

            I am therefore fully sanguine that your lordships will appreciate the problem and do the needful immediately for the welfare of the judicial fraternity.

 With Due Regards                              

 Yours Sincerely 

[Justice K.L. Sharma]
      President

Letter No. ARJSCHC/P-08/2022                                                              20/11/2022

Email to

1. The Secretary General, Supreme Court of India, New Delhi

2. The Registrar Generals of all High Courts of India.

Subject:- Request for Circulation of the information about the “Association of Retired Judges of Supreme Court and High Courts of India” to all the Hon’ble Past and Present Justices.

Sir,
               This is to bring to your notice that the letter dated on the above noted subject has not yet been circulated to all the hon’ble Past and Present Justices of the High Court and they have not become fully aware of the details of the Association which are uploaded on the Association website www.arjschc.com, and also the application for membership which was enclosed with the aforesaid letter for circulation.

                I am enclosing herewith a copy of the said letter and the application for the membership, with the request that you may kindly be pleased to circulate the letter as well as the application for the membership to all the past and present Hon’ble Judges of the High Court.

                                                                                                                                     Yours Sincerely

                                                                                                                                  [Justice K.L. Sharma]
                                                                                                                                            President

Letter No. ARJSCHC/P-09/2022                       

To,                                                                                                       21/11/2022
The Hon’ble Justice D.Y. Chandrachud,
Chief Justice of India,
Supreme Court of India, New Delhi

Subject:-  Submission of important proposals for consideration of the Hon’ble Chief Justice of India for necessary action.

Sir,
           The Association of retired Judges of Supreme Court and High Courts of India is feeling happiness over your appointment as the Chief Justice of India. The Association is grateful to the Almighty to have blessed you good health and highest office of the Indian Judiciary for a good term of two years. The Association is very hopeful that your good-self will implement your novel ideas for the betterment of the system of dispensation of Justice at all levels of the Judiciary. We have read your latest expressions of ideas at the public meetings after taking oath of office of the Chief Justice of India. We highly appreciate that you have agreed to revisit the collegium system of appointment of High Court Judges which has been extensively criticized by all concerned, for its being secretive, arbitrary and without a proper selection on merit of the eligible candidates. In this connection, some suggestions have been made which were also submitted to yourself about four months ago. A copy of the said suggestions is again being enclosed herewith for your consideration on the bench for the revisiting of the collegium system.

            The Association has in its aims and objects inter-alia, welfare of the entire judicial fraternity. But the Association cannot succeed in its mission unless and until the Hon’ble Chief Justice of India and the Hon’ble Chief Justices of the High Courts of India extend their support and helping hand to the activities, needs and requirements of the former Judges. On August 26th 2022, the Government of India notified amendments in the Supreme Court Judges Rules to provide for post-retirement benefits to the Judges of the Hon’ble Supreme Court, but omitted the spouses of the deceased Judges from the category of the beneficiaries under the Rules. Secondly similar amendments were not made by the Central Government in the High Court Judges Rules, as per the past traditions. A representation was immediately sent to the Hon’ble Union Law Minister, Mr. Kiren Rijiju, on 30/08/2022. A copy of the said representation is also submitted herewith your good-self for persuading the Hon’ble Prime Minister of India and the Union Law Minister for extending the benefits to the spouses of the deceased Judges and to make similar amendments in the High Court Judges Rules at the same pattern as done in the Supreme Court Judges amendment Rules 2022. The Association is very hopeful that if your lordship makes such an effort, the desired amendments can be made by the Central Government.

            The Association had also submitted a representation on 30/07/2022 to the Hon’ble Prime Minister of India, Shri Narendra Modi, making suggestions for Constitutional Amendments relating to judiciary. A copy of the aforesaid representation is being submitted herewith to your good-self for due consideration and for taking such action as your honour may consider proper and desirable in the interest of strengthening the judiciary in India.

            The Association will be highly grateful to your honour for considering and taking necessary action on these three representations, as you are the highest authority of the Indian Judiciary.

            The Association shall always be looking forward towards your honour for every kind of help and support.

                                                                                                                   Yours Sincerely

     Enclosure:- Copies of Three Representations                    [Justice K.L. Sharma]
                                                                                                                        President   

Letter No. ARJSCHC/P-10/2022                       

To,                                                                                           26/11/2022
Hon’ble Shri Kiren Rijiju
Union Minister for Law and Justice
Govt. of India, Shastri Bhawan
New Delhi-110001

Subject:  Refresher for due consideration and early decisions on the pending representations of the Association.

Sir,
               You were pleased to grant time on 24/07/2022 at 3.30 pm at your residence to meet the newly elected President Justice K.L. Sharma and Secretary General Justice Mahendra Dayal. In the course of talks, the President had submitted to your honour three representations which were cursorily perused by your honour and you had promised to consider and decide the same as early as possible, but after passage of about three months, nothing has been heard in any manner. It is therefore, considered desirable to refresh your honour about the pendency of the important representations of the Association on the following subjects, as your honour remains awfully busy with the heavy business of the Law Ministry;

  1. Suggestions for expediting appointments of Judges of High Courts, with transparency and time limits.

  2. Suggestions for constitutional amendments relating to Judiciary.

  3. Suggestions for amendments in the High Court Judges (Salaries and conditions of service) Act 1954 and the High Court Judges Rules 1956.

  4. Suggestions for amendments in the High Court Judges Rule 1956.(sent by speed post on 30 August 2022)

 

The central Government was pleased to amend the Supreme Court Judges Rules on 26th August 2022 to provide for the post retirement benefits to the Judges of the Supreme Court of India, but unfortunately the Rules did not mention the admissibility of the benefits to the spouses of the deceased Judges of the Supreme Court. It is therefore requested that in the Supreme Court Judges Rules further amendment relating to the spouses of the deceased Judges of the Supreme Court should also be effected at the earliest. On the same pattern and rates the post retirement benefits admissible to the Judges of the Supreme Court and spouses of the deceased Judges should be also made applicable to the former Judges of the High Courts and the spouses of the deceased Judges of the High Courts, by formal amendment of the High Court Judges Rules, so that the State Governments may have to sanction the same on uniform basis throughout the country.

 

The Association strongly feels that if the hon’ble Law Minister spares some time to personally examine these representations, he will surely accept and proceed further to convince the Hon’ble Prime Minister of India and obtain desirable results at the earliest.

Therefore, on behalf of the Association I as the President most humbly request your honour to render justice to the former Judges who had been dispensing justice throughout their tenure as a Judge of the High Court or Supreme Court.

 

Your Sincerely

Enclosures: Four as above.

[Justice K.L. Sharma]
President

Gazzate

gazatte_page-0001.jpg
gazatte_page-0002.jpg
gazatte_page-0003.jpg
gazatte_page-0004.jpg

MINISTRY OF LAW AND JUSTICE

(Department of Justice) NOTIFICATION

New Delhi, the 26th August, 2022

G.S.R. 661(E).—In exercise of the powers conferred by sub-section (1) and clauses (c) and (f) of sub-section (2) of section 24 of the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 (41 of 1958), the Central Government hereby makes the following rules further to amend the Supreme Court Judges Rules, 1959, namely:-

  1. (1) These rules may be called the Supreme Court Judges (Amendment) Rules, 2022.

(2) They shall come into force on the date of their publication in the Official Gazette.

  1. In the Supreme Court Judges Rules, 1959 (hereinafter referred to as the said rules), for rule 3B, the following rule shall be substituted, namely:-

“3B. Post retiral benefits.—(1) The following staff shall be deployed with a retired Chief Justice during his lifetime from the establishment of the Supreme Court or a High Court with full pay and allowances admissible to regular employees of the Supreme Court-

  1. domestic help (equivalent to the level of Junior Court Attendant);

  2. chauffeur (equivalent to the level of Chauffer in the Supreme Court); and

  3. secretarial assistant (equivalent to the level of the Branch Officer in the Supreme Court).

  1. A retired Chief Justice shall be entitled to a security cover round the clock at residence in addition to round the clock personal security guard for a period of five years from the date of retirement.

  2. A retired Judge shall be entitled to a security cover round the clock at residence in addition to round the clock personal security guard for a period of three years from the date of retirement.

  3. Notwithstanding anything in sub-rules (2) and (3), if a retired Chief Justice or a retired Judge is already provided with a higher grade security on the basis of threat perception, the higher grade security already provided shall continue.

  4. A retired Chief Justice shall be entitled to a rent free Type-VII accommodation at Delhi (other than the designated official residence) for a period of six months from the date of retirement.

 

  1. The following staff shall be deployed with a retired Judge during his lifetime from the establishment of the Supreme Court or a High Court with full pay and allowances admissible to regular employees of the Supreme Court-

    1. domestic help (equivalent to the level of Junior Court Attendant); and

    2. chauffeur (equivalent to the level of Chauffer in the Supreme Court).

  2. A retired Chief Justice or a retired Judge shall be entitled to protocol to extend courtesies at ceremonial lounges at airports.

  3. A retired Chief Justice or a retired Judge shall be entitled to a residential telephone free of cost and reimbursement of telephone call charges of residential telephone or mobile phone or broadband or mobile data or data card not exceeding to Rs.4200/- per month plus taxes as applicable:

Provided that the reimbursement of telephone call charges shall be made by the Registrar of the Supreme Court of India on furnishing a certificate by the retired Chief Justice or the retired Judge in the form specified by the Registry of the Supreme Court of India.

  1. The post retiral benefits under this rule shall be admissible to the retired Chief Justice or the retired Judge if no such facilities are availed from any High Court or from any other government body where the retired Chief Justice or a retired Judge has taken up any assignment after retirement.”.

  1. In rule 4 of the said rules, the proviso shall be omitted.

  2. Rule 5A of the said rules shall be omitted.

[F. No. L-11017/1/2020-Jus.I]

NIRAJ KUMAR GAYAGI, Jt. Secy.

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

bottom of page