S D SINGH Vs. JHARKHAND HIGH COURT

JUDGEMENT

(1.) The question is whether the petitioner could have been asked to retire at the age of 58 years and his service not extended to the age of 60 years. The petitioner was an Additional District Judge. In 2003 he was served with an order dated 4th May, 2003 stating that the Court having assessed and evaluated the petitioner's services had taken a decision not to allow the petitioner the benefit of enhancement of the retirement age from 58 to 60 years. Consequently, the petitioner would have to retire on completion of the age of 58 years on superannuation on 31st December, 2003.

(2.) The order has been impugned under Article 32 of the Constitution of India on the ground that the decision relied upon in the impugned order, namely, All India Judges' association v. Union of India did not apply to the petitioner's case. It is also submitted that the grounds for not extending the petitioner's services as disclosed in the counter affidavits filed by the respondents in answer to the writ petition, were unsustainable in fact and in law.

(3.) In All India Judges Association v. Union of India this Court had, on an application by the Judges Association under article 32 of the Constitution inter alia directed that appropriate rules should be framed or the extant rules must be amended in all the States and the Union territories in respect of judicial services so as to fix the age of retirement at 60 years with effect from December 31, 1992. This and other directions were reconsidered by this Court in 1993 on an application for review filed by the Union of India and various states in All India Judges Association v. Union of India (supra) (referred to as the second All India Judges Association case). While disposing of the review application, it was stated that "the benefit of the increase of the retirement age to 60 years, shall not be available automatically to all judicial officers irrespective of their past record of service and evidence of their continued utility to the judicial system. The benefit will be available to those who, in the opinion of the respective High Courts, have potential for continued useful service. It is not intended as a windfall for the indolent, the infirm and those of doubtful integrity, reputation and utility. The potential for continued utility shall be assessed and evaluated by appropriate Committees of judges of the respective High Courts constituted and headed by the Chief Justices of the High Courts and the evaluation shall be made on the basis of the judicial officer's past record of service, character rolls, quality of judgment and other relevant matters. The High Court should undertake and complete the exercise in case of officers about to attain the age of 58 years well within time by following the procedure for compulsory retirement as laid down in the respective service rules applicable to the judicial officers. Those who will not be found fit as eligible by this standard should not be given the benefit of the higher retirement age and should be compulsorily retired at the age of 58 by following the said procedure for compulsory retirement. The exercise should be undertaken before the attainment of the age of 58 years even in cases where earlier the age of superannuation was less than 58 years. It is necessary to make it clear that this assessment is for the purpose of finding out the suitability of the concerned officers for the entitlement of the increased age of superannuation from 58 years to 60 years. It is in addition to the assessment to be undertaken for compulsory retirement and the compulsory retirement at the earlier stage/s under the respective Service Rules".