SC seeks panel on retired judges

The Supreme Court on Thursday asked the Centre to consider appointing a former high court chief justice as head of the panel to formulate a uniform national policy on post-retirement benefits, such as drivers, security, and stay in Government accommodations for former high court judges while travelling.

A bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana was apprised by Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati that the Government has decided to appoint a panel in pursuance of an earlier direction.

The law officers told the bench that a former secretary-level officer has been appointed to head the committee.

“I think a former Chief Justice of the High Court should preside over the committee,” the CJI said.

The Solicitor General agreed with the suggestions and said the Government would come back to the bench on September 28.

On August 20, the bench granted the Centre one more week to set up the panel.

Earlier, on July 20, the bench asked the Centre to set up a panel within two weeks to recommend a uniform national policy on post-retirement benefits, such as driver services, security, and stay in Government accommodations while travelling, for former High Court judges.

It also directed the panel to submit its report within three months.

The bench was hearing a contempt petition filed by Justice VS Dave, president of the Association of Retired Judges of the Supreme Court and High Courts, raising the issue of security and other facilities for retired judges.

During the hearing, the CJI questioned the adequacy of the financial assistance some states currently provide to engage security personnel and drivers.

“In Rs 45,000-50,000, is it possible to get a driver and a security officer?” the CJI asked. “There is a lack of uniformity among states. One way is for the Government of India to constitute a committee and prescribe norms. The central Government may also match grants. If you don’t do it, I will have to constitute one,” the CJI told the Solicitor General.

The law officer said the Government had no difficulty in constituting such a committee. “There is no difficulty. We can constitute it.

“This is an issue which needs to be addressed. It will be addressed in the spirit expressed,” Mehta said.

In its order, the bench said the proceedings concern the admissibility of various post-retirement benefits and facilities to retired chief justices and judges of high courts.

“The issue that falls for consideration in these proceedings revolves around certain benefits/facilities to be made admissible to retired Chief Justices and judges of high courts,” the court said.

The order noted that basic facilities such as domestic help, drivers, telephone facilities, medical reimbursement and retention of Government accommodation vary considerably from one state to another.

“Basic facilities like domestic help, driver, telephone, medical reimbursement, stay in Government houses, etc., vary from state to state. It further appears that the lack of uniformity has prompted the Association of Retired Judges to first approach the authorities and thereafter invoke the writ jurisdiction of this court,” the bench said.

The court further said the Centre is a vital stakeholder in the matter, particularly as any framework may involve sharing the financial burden with the states.