New Delhi, May 21(UNI) The Supreme Court on Wednesday issued contempt notices to the Chief Secretaries of six states for failing to comply with its earlier directions regarding post-retirement entitlements of High Court Judges.
The notices have been served to Chhattisgarh, Jharkhand, Maharashtra, Telangana, West Bengal, and the National Capital Territory of Delhi.
A Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan noted that these states had not adhered to the court's six-point directive, which includes ensuring parity of facilities between retired and sitting Judges.
The directives included medical expense reimbursement without prior state approval, recognising Registrar Generals as sanctioning authorities, allowing reimbursement for treatment in other states, providing cashless medical facilities, granting benefits for domestic help and telephone allowances.
“As far as the states of Chhattisgarh, Jharkhand, Maharashtra, Telangana, West Bengal, and Delhi are concerned, they have not complied with all the directions issued by this Court. Issue notice to Chief Secretaries of the aforesaid states, calling upon them to show cause as to why action under the Contempt of Courts Act should not be initiated,” the Court ordered.
The contempt notices are returnable on July 25. The Bench, however, dispensed with the personal presence of the Chief Secretaries, provided a responsible IAS officer is present before the Court on the next hearing date, either in person or via video conference.
Expressing dissatisfaction over bureaucratic delays, Justice Oka remarked, “A simple thing, you have to issue a notice granting benefits on par with Andhra Pradesh, even that takes so many months.”
On February 18, the Supreme Court clarified that all reimbursements concerning post-retirement benefits are the responsibility of the state government where the seat of the High Court from which the Judge retired is located.
Later, on April 15, the court warned states that failure to implement these directives, especially concerning medical entitlements for retired Judges, their spouses, and dependents, could invite contempt proceedings.
The court also allowed that either the State of first appointment or the Retirement State could be deemed responsible for the Judge's entitlements. It took particular note of Madhya Pradesh’s delay in rolling out cashless medical treatment and ordered the immediate amendment of its Government Order, which had limited reimbursements to emergency cases only.
On April 29, 2025, the court reviewed the compliance status and noted that Andhra Pradesh had fully complied with all six directions and the Andhra Pradesh High Court Judges (Medical Facilities) Rules, 2021.
Other states, Goa, Gujarat, Himachal Pradesh, Karnataka, Manipur, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, and Uttar Pradesh were directed to implement or align their benefits, including cashless medical treatment and domestic help, with the Andhra Pradesh model.
Bihar, which claimed its 2019 Rules were superior, was ordered to offer retired Judges the choice between its scheme and the Andhra Pradesh Rules. In the absence of such a choice, Bihar must comply with the 2021 Rules.
Previously, on April 29, the Supreme Court had warned multiple states and Union Territories including Chhattisgarh, Jharkhand, Kerala, Madhya Pradesh, Maharashtra, Meghalaya, Mizoram, Telangana, West Bengal, Delhi, and the UTs of Andaman & Nicobar Islands, Dadra & Nagar Haveli and Daman & Diu, Lakshadweep, Puducherry, and Ladakh to ensure compliance by May 21,or face contempt proceedings.
The top court has reaffirmed that non-compliance with judicial directions on retired judges’ welfare will not be tolerated, and accountability will be enforced through the Contempt of Courts Act, 1981. UNI SNG SSP