Lok Sabha Question No. 339 (UNSTARRED), answered on 2023-02-03
Subject: Facilities to Retired Judges
Ministry: LAW AND JUSTICE
Asked by: Gopal Chinayya Shetty

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO.

## † 339

## TO BE ANSWERED ON FRIDAY, THE 3 RD FEBRUARY, 2023

## FACILITIES TO RETIRED JUDGES † 339.  SHRI GOPAL CHINNAYA SHETTY:

## Will the Minister of LAW AND JUSTICE be pleased to state:-

- (a) whether retired Chief Justices, Judges of the Supreme Court and High Courts of the country are given other facilities apart from pension after retirement;
- (b) if so, the details thereof;
- (c) the details of amount spent on retired Chief Justices and Judges of the Supreme Court  and  High  Courts  on  the  said  additional  facilities  during  the  last  three years and the current year, year-wise;
- (d) whether the Government has prepared or is considering any scheme to provide facilities to retired Judges as is done in the case of senior most retired officers of the Union Government; and
- (e) if so, the details thereof?

## ANSWER

## MINISTER FOR LAW AND JUSTICE (SHRI KIREN RIJIJU)

- (a) & (b):  There is no  provision of post retiral benefits  in the  High  Court  Judges (Salaries  and  Conditions  of  Service)  Act,  1954  and  rules  framed  thereunder.    Post retiral benefits to retired Chief Justices of India and retired Judges of Supreme Court

are granted as per Rule-3B of Supreme Court Judges Rules, 1959.   A copy of Rule3B of Supreme Court Judges Rules, 1959 is at Annexure-I .

(c):As informed by Supreme Court of India, the expenditure on post retiral benefits admissible to the retired Chief Justices and retired Judges of the Supreme Court are met  under  the  Heads  'Salaries'  and  'Office  Expenses'  and  the  details  of  the expenditure on this account are not maintained separately.

(d) & (e): Presently, no such proposal is under consideration of the Government.

***

## Annexure-I

## STATEMENT REFERRED TO IN REPLY TO PARTS (A) & (B) OF LOK SABHA  UNSTARRED  QUESTION  NO.  339  FOR  ANSWER  ON  03.02.2023 REGARDING 'FACILITIES TO RETIRED JUDGES'.

## RULE 3B OF SUPREME COURT JUDGES RULES, 1959

3B Post retiral benefits -(1) the following staff shall be deployed with a retired Chief Justice during his lifetime from the establishment of Supreme Court or a High Court with full pay and allowances admissible to regular employees of Supreme Court-

- a) domestic help (equivalent to the level of Junior Court Attendant);
- b) chauffeur (equivalent to the level of Chauffer in the Supreme Court); and
- c) secretarial assistant (equivalent to the level of the Branch Officer in the Supreme Court).

(2) A retired Chief Justice shall be entitled to a security cover round the clock at residence in addition to round the clock personal security guard for a period of five years from the date of retirement.

(3)  A  retired  Judge  shall  be  entitled  to  a  security  cover  round  the  clock  at residence in addition to round the clock personal security guard for a period of three years from the date of retirement.

(4) Notwithstanding anything in sub rules (2) and (3), if a retired Chief Justice or a retired Judge is already provided with a higher grade security on the basis of threat perception, the higher grade security already provided shall continue.

(5) A  retired Chief Justice shall be entitled to a rent free Type-VII accommodation  at  Delhi  (other  than  the  designated  official  residence)  for  a period of six months from the date of retirement.

(6) the following staff shall be deployed with a retired Judge during his lifetime from  the  establishment  of  Supreme  Court  or  a  High  Court  with  full  pay  and allowances admissible to regular employees of Supreme Court-

- a) domestic help (equivalent to the level of Junior Court Attendant); and
- b) chauffeur (equivalent to the level of Chauffer in the Supreme Court).

(7)  A  retired  Chief  Justice  or  a  retired  Judge  shall  be  entitled  to  protocol  to extend courtesies at ceremonial lounges at airports.

(8)  A retired Chief Justice or a retired Judge shall be entitled to a residential telephone  free of cost and  reimbursement  of  telephone  call  charges  of residential telephone or mobile phone or broadband of mobile data or data card not exceeding to Rs.4200/- per month + taxes as applicable.

Provided  that  reimbursement  of  telephone  call  charges  shall  be  made  by  the Registrar  of  the  Supreme  Court  of  India  on  furnishing  a  certificate  by  the retired Chief Justice or the retired Judge in the form specified by the Registry of the Supreme Court of India.

(9)  The  post  retiral  benefits  under  this  rule  shall  be  admissible  to  the  retired Chief  Justice  or  the  retired  Judges  if  no  such  facilities  are  availed  from  any High Court or from any other government body where the former Chief Justice or a former Judge has taken up any assignment after retirement.