Now a Contributory Pension,Scheme is made applicable with effect from the year,2010 even to the judicial officers who will have to,contribute 10% of their salary to the said pension,scheme. After deducting,matching contribution made by the Government with interest/ return, if,any, thereon, the entire amount in “Pension Tier – I” account of the,Judicial Officers who do not opt to continue shall be transferred to.“Pension Tier – II withdrawable account”. The Cyprus bar association has complained about how judges are appointed. Even,the recommendations of the committee headed by,Justice Padmanabhan were accepted by the Apex,Court. The Commission also has a specific statutory duty to “encourage diversity in the range of persons available for selection for appointments”. 1. Vs.Union of India and Ors., the Apex Court accepted the recommendations,of the Shetty Commission except certain modifications made as set out,in the judgment. (g) A Government servant can normally exit at or after,attaining the age of superannuation (i.e. Making of such deduction,from the salary of a Judicial Officer will be a breach of the orders of the,16 Therefore, in our considered view, the impugned,Government Resolution could not have been applied to the Judicial,Officers appointed after 31st October 2005 and the action of,Government of Maharashtra of applying the same to the Judicial.Officers is completely in breach of the orders of the Apex Court.17 Certain amounts have been deducted by way of,contribution to the Pension Scheme from the salary payable to the,Judicial Officers appointed on or after 1st November, 2005. As per the orders of the Apex Court, service conditions,of the Judicial Officers in the State including pensionary benefits shall,be in terms of recommendations of Padmanabhan Committee which are,accepted by the Supreme Court. The whole process was likened to a "tap on the shoulder." It was also considered that judges were appointed in the image of existing judges rather than solely on merit from a pool of widely drawn eligible candidates.Despite the criticisms levelled at it the former method of appointment in fact worked rather well. However, if you are still looking for more information, then feel free to contact us via email at.Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.If you disable this cookie, we will not be able to save your preferences. The orders of the Apex Court do,not permit such a deduction to be made. The Apex Court by an order dated,26th July, 2010 directed that the benefits recommended by the,Padmanabhan Committee should be applied with effect from 1st,January, 2006. The commission consists of a chairman and a number of commissioners appointed by the justice minister with the agreement of the chief justice.Commissioners are holders of judicial office, practising or employed lawyers, and lay members, provided the holders of judicial office are less than the number of commissioners who are not holders of judicial office. As salary of the High Court Judges had been increased,this Court appointed Justice E. Padmanabhan, a retired,Judge of the High Court of Judicature at Madras, to go,into the question as to what extent salary, allowances,and perquisites of the judicial officers of the States can,be increased. How could it be otherwise? Introduction. Clause 2 of the aforesaid,Resolution dated 5th January 2011 provides that the pension shall be,computed in accordance with the Pension Rules of the State,Government. Apart from the,binding recommendations of the Shetty Commission,and the Padmanabhan Commission, the question is,whether the judicial officers can be treated on par with.the officers of the State as far as pension is concerned.Under the present Recruitment Rules, even a fresh law,graduate who is not having any experience of practice,can join the Judicial Service at the age of 25 years as a,Civil Judge, Junior Division. In the order dated 4th May, 2010.passed by the Apex Court in All India Judges Association and Ors.
With the advent of judicial review of executive action, challenges in the courts of the actions of democratically elected governments required some form of democratic legitimacy.It was at the end provided by the ingenuity and verbal dexterity of the late Sir John Laws, a former appeal court judge in England, who said extra-judicially that the role of judges in public law is: “To keep government and other public powers within the functions allotted them by parliament. Therefore, even if the letters of.appointment issued to the Judicial Officers appointed after 1st January,2005 contain a clause that the pension will be governed by the,impugned Government Resolution, the same will not be binding on the,15 As per the New Scheme introduced by the impugned,Government Resolution, a government servant is required to make,contribution equivalent to 10% of his basic salary plus dearness pay and,the said amount will be deducted from his salary.
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