JUSTICE V.S. DAVE PRESIDENT Vs. KUSUMJIT SIDHU
LAWS(SC)-2015-10-162
SUPREME COURT OF INDIA
Decided on October 27,2015

Justice V.S. Dave President Appellant
VERSUS
Kusumjit Sidhu Respondents

JUDGEMENT

P.RAMAKRISHNAM RAJU - (1.) v. Union of India, Writ Petition (C) No. 521 of 2002, decided on 31.03.2014. We have read and considered the counter affidavits/responses filed by the States With regard to the implementation of the directions contained in paragraphs 33 and 34 of the judgment and order dated 31.03.2014 passed by this Court in Writ Petition (C) No. 521 of 2002 [P. Ramakrishnam Raju v. Union of India and Ors] and other connected matters. The aforesaid two paragraphs of the order of the Court are extracted below: Para 33:- It is brought to our Notice that in pursuance of the said resolution, most of the States in the Country have extended various post-retiral benefits to the retired Chief Justices and retired Judges of the respective High Court. By G.O.Ms. No. 28 dated 16.03.2012 issued by Law Department of Andhra Pradesh sanctioned an amount of Rs.14,000/- per month to the retired Chief Justices of the High Court of Andhra Pradesh and an amount of Rs.12,000/- per month to the retired Judges of the High Court of Andhra Pradesh for defraying the services of an orderly, driver, security guard etc. and for meeting expenses incurred towards secretarial assistance on contract basis and a residential telephone free of cost With number of free calls to the extent of 1500 per month over and above the number of free calls per month allowed by the Telephone authorities to both the retired Chief Justices and Judges of the High Court of Andhra Pradesh w.e.f. 01.04.2012. Para 34: While appreciating the steps taken by the Government of Andhra Pradesh and other States who have already formulated such scheme, by this order, we hope and trust that the States who have Not so far framed such Scheme will formulate the same, depending on the local conditions, for the benefits of the retired Chief Justices and retired Judges of the respective High Courts as early as possible preferably Within a period of six months from the date of receipt of copy of this order.
(2.) On consideration of the stand taken by the States in their counter affidavits/responses, the following directions are issued in respect of each of the respondents-States: State of Jharkhand
(3.) The State of Jharkhand has Not implemented the directions contained in paragraphs 33 and 34 of the judgment and order dated 31.03.2014 passed by this Court in Writ Petition (C) No. 521 of 2002 [P. Ramakrishnam Raju v. Union of India and Ors] and other connected matters. This is on the basis of a letter dated 16.04.2013 of the Ministry of Law and Justice, Government of India. We have read and considered the said letter and the provisions of the High Court's Judges (Salary and conditions of Service) Act 1954. The post retrial benefits covered by the directions in paragraphs 33 and 34 of the judgment and order dated 31.03.2014 have No connection With the provisions of the Act mentioned above. Therefore, the letter of the Ministry of Law and Justice, Government of India dated 16.4.2013 can Not be a sound basis for Non-implementation of the said directions of the Court. We, accordingly, give four weeks time, from today, to the State of Jharkhand to implement the directions as extracted above by framing an appropriate scheme effective from the date of expiry of six months from the order dated 31.03.2014 i.e. 30th September, 2014. State of Nagaland: ;


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