Ad-hoc Judges are entitled to Retiral Benefits, says Supreme Court

Team SoOLEGAL 14 Aug 2018 1:30pm

Ad-hoc Judges are entitled to Retiral Benefits, says Supreme Court

In a relief to lawyers appointed as ad-hoc judges, who have been battling with the Madras HC demanding retiral benefits, the Supreme Court has held that they are eligible for Pension and Gratuity.

The apex court's judgment was passed by a bench of Justices AK Sikri and Ashok Bhushan, while hearing a batch of appeals challenging a judgment of the Madras HC.

The appeals were filed by practising advocates, who were being appointed as Additional District Judge for Fast Track Courts on an ad-hoc basis.

All of the appellants were initially appointed as ad-hoc judges for five years, which was later extended and they were subsequently relieved from their assignments. However, the writ petitions filed by the appellants challenging the relieving order were dismissed by the High Court.

The appellants then made representation urging for grant of retiral benefits, including pension, gratuity and leave encashment, which was again dismissed by the Madras HC.

The SC, however, setting aside the decision of the Madras High Court’s order concluded:  

  1. The judgment of the High Court dated 01.04.2015 is set aside and the Civil Appeals filed by the appellants are allowed.
  2. The respondents are directed to approve superannuation pension to appellants K Anbazhagan and PG Rajagopal in line with 1978 Rules.
  3. The respondents are directed to give permission for compensation pension to the appellants, namely, Selvi G Savithri, R Radha and AS Hassina.
  4. All the appellants are entitled to payment of gratuity in conformity with 1978 Rules.
  5. The respondents are also directed to permit encashment of earned leave to the credit of the appellants subject to a maximum of 240 days.
  6. All above retiral benefits should be computed and paid to the appellants within a period of two months from today. The appellants shall be entitled to such payments along with the simple interest @ 7% per annum, in case the payments are made after two months.



Tagged: Adhoc Judges   Adhoc Appointments   Fast Track Courts   Madras HC   Supreme Court  
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