No impediment in raising retirement age of MP district court judges to 61 yrs: SC
No impediment in raising retirement age of MP district court judges to 61 yrs: SC
New Delhi, The Supreme Court on Monday said there was no legal impediment in raising the retirement age to 61 years of judicial officers in Madhya Pradesh.
A bench comprising Chief Justice B R Gavai and Justice Augustine George Masih took note of submissions of the Madhya Pradesh Judges Association and asked the high court to take a decision, preferably in two months, on the issue on its administrative side.
The judges association moved the top court in 2018 for raising the retirement age of district judges from the current 60 to 62 years.
It later informed the bench that the Association is now seeking enhancement only up to 61 years, aligning with a precedent set in another state.
The Association had first made a representation to the Madhya Pradesh High Court in 2018.
The high court, however, rejected the request, citing the 2002 Supreme Court judgment in the All India Judges Association case, which it interpreted as disallowing such enhancement.
On Monday, CJI Gavai, however, referred to its more recent order in an application filed by the Telangana government in the same All India Judges Association case.
In that case, the Telangana High Court had sought clarification regarding increasing the retirement age of district judges to 61 years.
The court had permitted it, finding no legal impediment.
Relying on that precedent, the CJI said, “In that view of the order, we do not find that there should be any impediment in permitting the State of Madhya Pradesh to increase the age of superannuation of judicial officers working in the State to 61 years.”
The bench said any such increase would be subject to the Madhya Pradesh High Court’s decision on its administrative side.
“In case the High Court takes a decision to increase the age to 61, the same will be permitted,” it said.
This article was generated from an automated news agency feed without modifications to text.
