(a) whether there is any proposal to introduce uniform pension scheme for judicial officers
all over the country;
(b) if so, the details thereof; and
(c) the other steps taken/being taken by the Government for the welfare of judicial officers
in the country?
MINISTER OF STATE IN THE MINISTRY OF LAW & JUSTICE(SHRI K.VENKATAPATHY)
(a) to (c) : In exercise of powers conferred under proviso to article 309 read with articles
233, 234 and 235 of the Constitution in so far as judicial officers in the judicial services
of the various States are concerned, it is for the State Governments to consider and decide
on various aspects of conditions of service, including that for pension. The Central Government
is not concerned with the introduction of uniform pension scheme for judicial officers in
the judicial services of the States all over the country, or for taking other steps for the
welfare of such judicial officers. The Central Government is administratively responsible
for formulating service conditions, including pension and welfare measures, of judicial
officers of the Union Territories.
The Hon`ble Supreme Court, in its judgement of 21st March, 2002, in C.W.P. No. 1022/1989 - All
India Judges` Association & Ors. Vs. Union of India & Ors, directed that the recommendations
of the First National Judicial Pay Commission (FNJPC) in respect of Judicial Officers be
implemented. The recommendations of FNJPC including pension and other related benefits were
considered by the Central Government in so far as they relate to the judicial officers of
the Union Territories for which the Central Government is administratively responsible. The
Department of Justice has filed an LA. No. 103 in the aforesaid C.W.P. seeking modification
/ clarifications of the court on certain recommendations of the FNJPC including that for
commutation of pension, a measure of welfare for the judicial officers of the Union Territories,
to enable the Government for their implementation. The matter is still pending in the Supreme
Court.