The High Court of Karnataka has declared that the contributory pension scheme, introduced for State government employees who joined service on or after April 1, 2006, was not applicable to judicial officers.
However, it made it clear that the judicial officers who joined service on or after that date could voluntarily opt for the New Defined Contributory Pension (NDCP) scheme by giving their consent in writing.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Mohammad Nawaz delivered the verdict last week while allowing petitions filed in 2013 by Vijaykumar Rai and several other judicial officers belonging to the civil and the district judge cadres, and the Karnataka State Judicial Officers’ Association.
The petitioners had questioned the application of the NDCP scheme to judicial officers who joined service on or after April 1, 2006. The scheme provides for employees’ contribution of 10% of basic pay and dearness allowance (DA) with matching contribution from the State government. And the government, in its notification issued on March 29, 2010, had made the scheme applicable to judicial officers who joined service on or after April 1, 2006.
While the petitioners contended that their pension was determined as per the recommendations of the two National Judicial Pay Commissions (NJPCs), as approved by the Supreme Court, the government claimed that it had the right to change the pension of judicial officers as they were also civil servants under the provisions of the Karnataka Civil Services Act, 1978.
“There is no manner of doubt that even the payable pension from judicial officers will be strictly governed by the recommendations of the NJPCs as accepted by the apex court. An order of the apex court dated July 26, 2010 records acceptance of the recommendations of the second NJPC, including recommendations in respect of pension, and notes that none of the States had any objection to accepting the recommendations,” the Bench observed.
Pointing to the State government’s notification on September 30, 2010 on the second NJPC, as per the apex court’s orders, the Bench said, “The State government, without seeking permission from the apex court, has no power to tinker with the quantum of salary and pension payable to judicial officers.” It stated that applying different yardsticks for payment of pension to judicial officers appointed before and after April 1, 2006 would be directly contrary to the directions of the SC.
The Bench also directed the government to refund the amount already deducted from salaries by the end of February 2020.
