New Delhi, Sept 5:
Tamil Nadu has agreed to raise the retirement age of judicial officers from 60 to 62 years, following a Supreme Court direction aimed at retaining experienced judges and addressing vacancies in the subordinate judiciary.
A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana directed seven states — Tamil Nadu, Chhattisgarh, Karnataka, Madhya Pradesh, Maharashtra, Sikkim and West Bengal — to amend their service rules and increase the superannuation age to 62.
The court said the amendments should be carried out as early as possible, preferably within two months. Until the rules are formally amended, judicial officers who have reached 60 will not retire, subject to an assessment of their suitability and performance by the concerned High Court.
The order will also benefit judicial officers in these states who retired on or after March 31, provided they have not taken up subsequent employment. They will be given an opportunity to rejoin judicial service, subject to the prescribed assessment.
The Supreme Court said the decision was necessary to arrest the loss of experienced judicial talent and reduce the gap between sanctioned and working strength in the judicial service.
The bench also directed several other states and Union Territories that have not agreed to the enhancement to reconsider their positions and take a decision within two weeks.
The court observed that differences in retirement ages between the subordinate and superior judiciary could constitute a legitimate expectation, while stressing the need to strengthen the judiciary and improve access to justice.