Modi govt amends rules governing post-retirement benefits for SC judges – Here’s what has changed

The Narendra Modi-led central government on Tuesday notified changes to the Supreme Court Judges Rules, 1959, which governs the pensions and other benefits that judges of the Supreme Court are entitled to post their retirement. The changes brought about by way of Supreme Court Judges (Amendment) Rules, 2022, make certain additions to the post-retirement benefits that SC judges receive.

As per the Supreme Court Judges (Amendment) Rules, 2022, judges retiring from the Supreme Court of India will now be entitled to a rent-free Type-VIl accommodation in Delhi for a period of six months from the date of retirement. This accommodation will be other than the official residence already designated to them.

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As per the new rules, retired SC judges will also be entitled to security cover round the clock at their residence in addition to a 24×7 personal security guard, for a period of one year from the date of retirement. Besides, they will be entitled to a chauffer and a secretarial assistant for the same period.

As per a notification issued by the central government, shared by Bar and Bench, the following proviso has been be added to the Supreme Court Judges Rules, 1959 in rule 3B(3):

“Provided further that the following staff shall be deployed with a retired Chief Justice and a retired Judge of Supreme Court for a period of one year from the date of retirement from the establishment of Supreme Court or a High Court with full pay and allowances admissible to regular employees of Supreme Court-

a) chauffeur (equivalent to the level of Chauffer in the Supreme Court).

b) secretarial assistant (equivalent to the level of the Branch Officer in the Supreme Court).”

Similarly, the following proviso was inserted in Rule 4:

“Provided that a retired Chief Justice shall be entitled to a rent free Type-VIl accommodation at Delhi (other than the designated official residence) for a period of six month from the date of retirement.”

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A Rule 5A was also inserted which entitled a retired Chief Justice or a retired judge to protocol to extend courtesies at ceremonial lounges at airports, it said.

As per the 1959 rules, a retired Chief Justice was entitled “during his lifetime to a payment of Rs 25,000 per month for defraying the services of an orderly, driver and security guard, for meeting the expenses incurred towards secretarial assistance on contract basis and for maintenance of an office-cum-residence.”

A retired Chief Justice is also entitled to a residential telephone free of cost, and is allowed 1,500 calls per month over and above the monthly limit allowed by the telephone authorities.

A retired judge, on the other hand, is entitled to a payment of fourteen thousand rupees per month to cover the expenses of the services of an orderly and for meeting the expenses incurred towards secretarial assistance on a contract basis. He/She is also entitled to a residential telephone free of cost with the same limit as the retired CJI.