New Pension Scheme introduced for state govt officers not applicable to Judicial Officers: Karnataka HC

The Karnataka High Court recently held that the New Defined Contributory Pension Scheme introduced for state government employees who joined service on or after April 1, 2006, was not applicable to judicial officers in Karnataka. .A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Mohammad Nawaz held that the new pension scheme could be applied to judicial officers who joined on or after the given date, only after their consent was obtained in writing. As per the new pension scheme, 10% would be deducted from the salaries and dearness allowances of the judicial officers..In the present matter, the High Court allowed the applications made by Vijaykumar Rai and 87 other judicial officers. Senior Advocate K Shashi Kiran Shetty appeared for the petitioners..Shetty submitted that separate pay commissions were established to consider and recommend the pay and other applicable allowances to judicial officers. The same were accepted by the Supreme Court subject to certain modifications, he contended..He mainly argued that the new pension scheme was violative of the directions of the Supreme Court as well as the recommendations of the pay commissions..On the other hand, Advocate General Prabhuling K Navadgi, appearing on behalf of the respondents, argued that judicial service is also civil service. He also argued that judicial officers are equivalent to government servants except to an extent of certain modifications made by the first and the second national judicial pay commissions. .However, the High Court did not agree with this argument. In this regard, the Court cited the Supreme Court’s judgment in the case of All India Judges Association v. Union of India..“The judicial service is not service in the sense of “employment”. The judges are not employees. As members of the judiciary, they exercise the sovereign judicial power of the state. They are holders of public offices in the same way as members of the council of ministers and the members of the legislature.”.The Bench further observed the the Apex Court had already decided the pay scale of judicial officers by taking into consideration the recommendations made by the two judicial pay commissions..“The state government without seeking the permission has no power to tinkle with the quantum of salaries and pension payable to the judicial officers.”.Taking serious note of the same, the Court finally held that the new pension scheme is not only against the judicial commission pay reports, but also grossly violates the directions of the Supreme Court. Hence, the same was held to be illegal..Besides the above, the High Court also held that applying different yardsticks for payment of pension to judicial officers appointed before and after April 1, 2006 would be directly contrary to the directions of the Supreme Court..Moreover, the Court directed the state government to refund the amount already deducted from the salaries of judicial officers by the end of February 2020. In pursuance of this direction, the Court held,.“In the event of the failure of the Government to make refund of the amounts within the time stipulated above, the same shall carry interest at the rate of 6% per annum from the date on which the respective deductions were made, till the date of repayment to the concerned Judicial Officers.”. [Read the judgment here]