New Delhi: The Supreme Court on Thursday expressed its discontent with the non-compliance of the Second National Judicial Pay Commission recommendations on the payment of arrears of pension to the judicial officers and summoned the Chief and Finance secretaries of 16 states, saying "We are not sending them to jail but let them be here…".
A three-judge bench led by Chief Justice of India D Y Chandrachud said the court knows how to extract compliance while expressing its discontent over non-compliance of the SNJPC's recommendations.
"If we just say that the Chief Secretary will be present if the affidavit is not filed then it will not be filed," said the bench, also comprising Justices J B Pardiwala and Manoj Misra.
The apex court directed the top two bureaucrats of Andhra Pradesh, West Bengal, Chhattisgarh, Delhi, Assam, Arunachal Pradesh, Nagaland, Mizoram, Himachal Pradesh, Kerala, Meghalaya, Madhya Pradesh, Tamil Nadu, Manipur, Odisha and Rajasthan to appear before it on August 23.
The bench said it had already given several opportunities to the states, but it appears that full compliance has not been affected and many states are in default.
"We are not sending them to jail but let them be here and then an affidavit will be submitted. Let them be personally present….," the bench said, adding that the Chief and Finance secretaries have to be personally present. The bench warned that it would be constrained to initiate contempt if they fail to comply with its direction.
Advocate K Parameshwar, who is assisting the court as amicus curiae, cited the deduction of tax at source by the states on allowances which are due to the present and retired judicial officers.
The bench said wherever exemptions are available under the Income Tax Act from deduction of TDS (tax deducted at source) on allowances, the state governments shall ensure that no deductions are made. The top court refused to accept the contention of various states seeking one more year’s time in complying with the recommendations on payment of arrears and other benefits to the judicial officers.
The apex court directed the defaulting states to report compliance by August 20 besides asking their Chief Secretaries and Finance Secretaries to appear personally on August 23. The apex court in a verdict in January had said there was a need to maintain uniformity in service conditions of judicial officers across the country.
