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.