SC summons CS, finance secy of defaulting states for non-compliance
New Delhi: The Supreme Court summoned the chief and finance secretaries of several states and Union Territories on Thursday for failing to comply with the Second National Judicial Pay Commission (SNJPC) recommendations regarding the payment of pension arrears and other retirement benefits to judicial officers.
A bench comprising Chief Justice D Y Chandrachud, Justice J B Pardiwala, and Justice Manoj Misra expressed strong displeasure over the non-compliance. The bench warned that it would ensure compliance through more stringent measures if necessary. “We know how to extract compliance now,” the Chief Justice remarked. “We are not sending them to jail, but let them be here, and then an affidavit will be submitted. Let them be personally present now,” he said.
Despite seven opportunities being granted to states for compliance, several remain in default. The court’s directive mandates that the chief and finance secretaries of the non-compliant states and UTs must appear personally before it on August 23.
The states and UTs in question include Andhra Pradesh, West Bengal, Chhattisgarh, Delhi, Assam, Arunachal Pradesh, Nagaland, Mizoram, Jammu and Kashmir, Jharkhand, Himachal Pradesh, Kerala, Meghalaya, Madhya Pradesh, Tamil Nadu, Manipur, Odisha, Rajasthan, Punjab, Haryana, Sikkim, and Tripura.
The court made it clear that no further extensions would be granted. The bench indicated that failing compliance, it might initiate contempt proceedings against the defaulting states.
The directive followed submissions by lawyer K Parmeswar, assisting the court as amicus curiae, and a review of the compliance status. Parmeswar highlighted the issue of states deducting tax at source on allowances due to both current and retired judicial officers, contrary to exemptions available under the Income Tax Act.
“Wherever exemptions are available under the Income Tax Act from deduction of TDS on allowances, the state governments shall ensure that no deductions are made. Wherever TDS is wrongly deducted, the amount shall be refunded to the judicial officers,” the bench ordered.
The court also rejected various states’ pleas for more time to comply, including West Bengal’s request for an additional year and similar pleas from Assam, Andhra Pradesh, Delhi, Himachal Pradesh, and Kerala. Assam’s request for deferral due to ongoing floods was also denied, as was Delhi’s plea of awaiting Central government approval.
On January 10, the Supreme Court had stressed the need for uniformity in the service conditions of judicial officers nationwide and directed the establishment of a two-judge committee in each high court to oversee the implementation of the SNJPC recommendations on pay, pension, and other benefits.
The SNJPC recommendations encompass the pay structure, pension, family pension, and allowances, and advocate for a permanent mechanism to address the service conditions of the district judiciary.
A detailed order from the bench is expected soon.
