The New Indian Express ·
SC asks seven states to hike retirement age of judicial officers
NEW DELHI: Noting that it is necessary to stop attrition of experienced and talented judicial officers and to ensure access to justice, the Supreme Court has directed seven states to formally increase the retirement age of judicial officers in the district judiciary from 60 to 62 years, after their governments agreed to the proposal.
A three-judge bench of the apex court, headed by Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi, passed the order in the All India Judges Association (AIJA) versus Union of
India (UOI) case, saying that Chhattisgarh, Karnataka, Madhya Pradesh, Maharashtra, Sikkim, Tamil Nadu and West Bengal have consented to the proposal.
In a bid to ensure that attrition of experienced judicial talent stops and access to justice does not remain a mere chimaera, the apex court directed these seven states to amend the rules within two months.
“The states which have consented to the enhancement of the age of the judicial officers... are directed to amend the service rules and enhance the age of superannuation in the judicial service to 62 years, subject to the suitability assessment of the concerned judicial officer, on their attainment of the age of 60 years, by the High Court. Such amendments shall be carried out as early as possible, preferably within two months,” the bench said in its order.
The court added—pending amendment—officers in these seven states who have reached 60 will not retire at that age, subject to the High Court assessing suitability.
The order also covers officers who retired on or after March 31, 2026. They will be allowed to exercise the option to return to judicial service if they have not taken up another job. Those who opt to return will receive consequential benefits, including pay, seniority and continuity, and will have to surrender post-retirement benefits already received.
The court further asked the remaining 23 states/UTs to reconsider their decision within two weeks.
The court asked Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Kerala, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Telangana, Tripura, Uttarakhand, Uttar Pradesh, NCT of Delhi, Jammu and Kashmir, and Puducherry to reconsider their decision on enhancing the retirement age and file a comprehensive report to it in two weeks.
While the retirement age of Supreme Court judges is 65, the high court judges superannuate at the age of 62 years.
The issue arises against the backdrop of the top court’s 2002 judgement declining to accept the recommendation of the Justice K Jagannatha Shetty Commission, which had proposed raising the retirement age of district judges to 62 years. Since then, some states, including Telangana and Madhya Pradesh, have moved towards increasing the retirement age.
Judges in district courts can now work till 62
The Supreme Court has directed seven states to formally increase the retirement age of judicial officers in the district judiciary from 60 to 62 years, after their governments agreed to the proposal. A three-judge bench of the apex court, headed by Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi, passed the order.
‘Reconsider decision within two weeks’
The Supreme Court asked the remaining states/UTs to reconsider their decision within two weeks. The order also covers officers who retired on or after March 31, 2026. They can return if they have not taken up another job. Those who opt to return will receive consequential benefits and have to surrender post-retirement benefits.
