In a recent order dated May 26, the Supreme Court clarified that there is no legal hurdle in increasing the retirement age of district judges in Madhya Pradesh to 61 years. The Court directed the Madhya Pradesh High Court to take a decision on this issue within three months.
A bench of Chief Justice BR Gavai and Justice AG Masih heard the petition filed by the Madhya Pradesh Judges Association. The Association had sought to enhance the retirement age of district judges in Madhya Pradesh to 62 years, in line with the enhanced retirement age of government officials. However, during the hearing, the petitioners reduced their demand to 61 years.
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Back in 2018, the Madhya Pradesh Judges Association had submitted a request to the High Court for this enhancement. However, the High Court rejected the request, relying on the All India Judges Association Case (2002), stating that it did not permit such an increase.
The Supreme Court, however, referred to its previous decision in a related case involving the Telangana High Court, where a similar issue was raised. In that case, the Telangana High Court had sought clarification from the Supreme Court about increasing the retirement age of district judges to 61 years. Referring to this precedent, the Supreme Court stated:
“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 of MP to the age of 61 years.”
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The Court further clarified:
“In case the High Court takes a decision to increase the age to 61, the same will be permitted.”
The Supreme Court emphasized that the Madhya Pradesh High Court should make an administrative decision at the earliest. It directed the High Court to decide within three months:
“The High Court on its administrative side to take a decision at its earliest. At any case, within a period of 3 months.”
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This clarification allows the Madhya Pradesh High Court to reconsider its earlier stand and decide on enhancing the retirement age for district judges to 61 years, ensuring consistency with similar rulings.
Case Details : MADHYA PRADESH JUDGES ASSOCIATION vs. THE STATE OF MADHYA PRADESH| W.P.(C) No. 000819 - / 2018
