JUSTICE SHAILENDRA SINGH & ORS. versus UNION OF INDIA & ORS.

JUSTICE SHAILENDRA SINGH & ORS. versus UNION OF INDIA & ORS.

High Court judges, once appointed, constitute a single homogenous class and cannot be discriminated against on the basis of source of recruitment; Section 20 of the High Court Judges (Salaries and Conditions of Service) Act, 1954 guarantees every Judge the right to subscribe to the General Provident Fund and the proviso does not operate to deny GPF to district-judiciary judges who had no prior provident fund subscription (e.g., under NPS); consequently the communication denying GPF was quashed and GPF accounts were to be opened with retrospective effect and NPS amounts returned.

Parties
Petitioner: Justice Shailendra Singh & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
05 November 2024
Procedural Posture
Writ Petition (civil) / Decided
Outcome
Petitions allowed
Legal Topics
Judicial Independence, General Provident Fund, Non Discrimination, High Court Judges' Salaries and Conditions of Service
Constitutional Law Service Law Pension and Retirement Benefits Judicial Independence General Provident Fund Non Discrimination High Court Judges' Salaries and Conditions of Service

Case Brief

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Parties

Justice Shailendra Singh & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Decided

Legal Issues

  1. 1 Whether Judges of the High Court appointed from the District Judiciary can be denied subscription to the General Provident Fund on the basis of their previous service under the New Pension Scheme (NPS)
  2. 2 Whether all Judges of the High Court, irrespective of their source of recruitment, constitute a homogenous class for determining service conditions, including post-retirement benefits

Ratio Decidendi

High Court judges, once appointed, constitute a single homogenous class and cannot be discriminated against on the basis of source of recruitment; Section 20 of the High Court Judges (Salaries and Conditions of Service) Act, 1954 guarantees every Judge the right to subscribe to the General Provident Fund and the proviso does not operate to deny GPF to district-judiciary judges who had no prior provident fund subscription (e.g., under NPS); consequently the communication denying GPF was quashed and GPF accounts were to be opened with retrospective effect and NPS amounts returned.

Court Disposition

Petitions allowed

Orders

  • Communication dated 30 December 2022 quashed and set aside
  • A General Provident Fund account shall be opened for each petitioner with effect from the date of appointment and contributions credited at par with other High Court judges