Supreme Court Allows MP To Raise Retirement Age Of Judicial Officers To 61, Says No Legal Bar If Rules Permit
“If the rules framed by the State of Madhya Pradesh permit and if the High Court takes a decision to enhance the age of retirement… the same would be permissible," the Court said;
The Supreme Court has held that there is no legal impediment to the enhancement of the retirement age of judicial officers in Madhya Pradesh to 61 years, provided the existing service rules allow such a move and the High Court takes a decision to that effect on its administrative side.
The Bench of Chief Justice of India (CJI) BR Gavai and Justice Augustine George Masih was hearing a petition filed by the Madhya Pradesh Judges Association.
The petition sought a writ directing the State Government and the High Court to raise the superannuation age of subordinate judicial officers to 62 years, in line with other State Government employees, and to amend relevant service rules accordingly.
High Court Had Rejected Representation Based on 2002 SC Judgment
Earlier, the Madhya Pradesh High Court had rejected the petitioner’s representation on the administrative side, citing the Supreme Court’s 2002 ruling in All India Judges’ Association v. Union of India as a bar to such enhancement.
However, the Supreme Court clarified that a similar situation had arisen in Telangana, where it had allowed the High Court to align the retirement age of judicial officers with the State’s public servants, who had their retirement age increased from 60 to 61 under the Telangana Public Employment (Regulation of Age of Superannuation) Act, 1984.
In its 2023 order permitting Telangana's High Court to amend its service rules, the Supreme Court had noted that such an increase would be "beneficial to the judicial officers."
No Bar to Enhancement, Subject to Conditions
In the Madhya Pradesh matter, the Court observed, “We do not find that there should be any impediment in permitting the respondents i.e. State of Madhya Pradesh and the High Court of Madhya Pradesh to enhance the age of retirement of the judicial officers working in the State of Madhya Pradesh to 61 years.”
The Court added a key clarification: “If the rules framed by the State of Madhya Pradesh permit and if the High Court takes a decision to enhance the age of retirement… the same would be permissible.”
The Bench directed the High Court to decide on the matter within three months.
The writ petition was accordingly disposed of, along with any pending applications.
Case Title: Madhya Pradesh Judges Association v. The State of Madhya Pradesh & Anr.