All India Judges Association vs Union Of India on 5 August, 2026

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    Supreme Court – Daily Orders

    All India Judges Association vs Union Of India on 5 August, 2026

                                                        WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
         ITEM NO.7+8+9+10              COURT NO.1                      SECTION X
    
                             S U P R E M E C O U R T O F       I N D I A
                                     RECORD OF PROCEEDINGS
    
         ITEM 7
    
         WRIT PETITION(S)(CIVIL)      NO(S).    1022/1989
    
         ALL INDIA JUDGES ASSOCIATION & ORS.                           PETITIONER(S)
    
                                               VERSUS
    
         UNION OF INDIA & ORS.                                         RESPONDENT(S)
    
         (IA No. 200712/2026 - APPLICATION FOR PERMISSION
         IA No. 202355/2026 - APPLICATION FOR PERMISSION
         IA No. 205248/2026 - APPLICATION FOR PERMISSION
         IA No. 202996/2026 - APPLICATION FOR PERMISSION
         IA No. 204835/2026 - APPLICATION FOR PERMISSION
         IA No. 178357/2026 - APPLICATION FOR PERMISSION
         IA No. 202829/2026 - APPLICATION FOR PERMISSION
         IA No. 202370/2026 - APPLICATION FOR PERMISSION
         IA No. 214282/2026 - APPROPRIATE ORDERS/DIRECTIONS
         IA No. 214280/2026 - APPROPRIATE ORDERS/DIRECTIONS
         IA No. 200433/2026 - APPROPRIATE ORDERS/DIRECTIONS
         IA No. 202352/2026 - APPROPRIATE ORDERS/DIRECTIONS
         IA No. 202998/2026 - APPROPRIATE ORDERS/DIRECTIONS
         IA No. 184071/2025 - APPROPRIATE ORDERS/DIRECTIONS
         IA No. 214348/2026 - APPROPRIATE ORDERS/DIRECTIONS
         IA No. 202999/2026 - EXEMPTION FROM FILING O.T.
         IA No. 202350/2026 - INTERVENTION APPLICATION
         IA No. 200715/2026 - INTERVENTION/IMPLEADMENT
         IA No. 202366/2026 - INTERVENTION/IMPLEADMENT
         IA No. 203502/2026 - INTERVENTION/IMPLEADMENT
         IA No. 200431/2026 - INTERVENTION/IMPLEADMENT
         IA No. 202992/2026 - INTERVENTION/IMPLEADMENT
         IA No. 178214/2026 - INTERVENTION/IMPLEADMENT
         IA No. 201702/2026 - INTERVENTION/IMPLEADMENT
         IA No. 204831/2026 - INTERVENTION/IMPLEADMENT
         IA No. 200979/2026 - INTERVENTION/IMPLEADMENT
         IA No. 204020/2026 - INTERVENTION/IMPLEADMENT
         IA No. 202368/2026 - MODIFICATION
         IA No. 202241/2026 - MODIFICATION OF COURT ORDER
         IA No. 204833/2026 - MODIFICATION OF COURT ORDER
         IA No. 200981/2026 - MODIFICATION OF COURT ORDER
         IA No. 204021/2026 - MODIFICATION OF COURT ORDER)
    Signature Not Verified
    
    Digitally signed by
    geeta ahuja
    Date: 2026.08.07
    15:40:32 IST
    Reason:
    
    
    
    
                                                1
                                              WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    ITEM 8
    
    WRIT PETITION(S)(CIVIL) NO(S). 986/2025
    (IA No. 261808/2025 - GRANT OF INTERIM RELIEF)
    
    WITH
    
    W.P.(C) No. 775/2026 (X)
    FOR ADMISSION.....
    (IA No. 181645/2026 - EXEMPTION FROM FILING O.T.
    IA No. 181647/2026 - STAY APPLICATION)
    
    W.P.(C) No. 880/2026 (X)
    FOR ADMISSION
    (IA No. 205789/2026 - EXEMPTION FROM FILING O.T.)
    
    W.P.(C) No. 877/2026 (X)
    FOR ADMISSION
    (IA No. 205494/2026 - CLARIFICATION/DIRECTION)
    
    ITEM 9
    
    WRIT PETITION(S)(CIVIL)   NO(S).   914/2026
    FOR ADMISSION
    
    ITEM 10
    
    WRIT PETITION(S)(CIVIL)   NO(S).   913/2026
    
    FOR ADMISSION
    IA No. 215826/2026 - EXEMPTION FROM FILING O.T.
    
    Date : 05-08-2026 These matters were called on for hearing today.
    
    
    CORAM :
              HON'BLE THE CHIEF JUSTICE
              HON'BLE MR. JUSTICE JOYMALYA BAGCHI
              HON'BLE MRS. JUSTICE V. MOHANA
    
                        Mr. Siddharth Bhatnagar, Sr. Adv.(Amicus Curiae)
                        Mr. Ankit Yadav, AOR
                        Mr. Aditya Sidhra, Adv.
                        Ms. Ananya Nair, Adv.
                        Mr. Nadeem Afroz, Adv.
                        Ms. Gunjan Rathore, Adv.
                        Ms. Riya Shankar Sharma, Adv.
                        Mr. Chinmayi Chatterjee, Adv.
                        Mr. Chaitanya Sonkeria, Adv.
    
    
    
    
                                       2
                                             WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    
    
    For Petitioner(s)   Mr. Akhilesh Kumar Pandey, AOR
                        Mr. Rakesh Dahiya, AOR
    
                        Mr. A. Venayagam Balan, AOR
                         Ms. T. Geetha, Adv.
    
                        Mr. Abhijit Sengupta, AOR
                        Mr. Paras Chauhan, Adv.
                        Ms. Kuheli Mitra, Adv.
                        Mr. Navneet Singh, Adv.
                        Mr. Vishal Kumar Singh, Adv.
                        Ms. Rajlakshmi, Adv.
                        Mr. Paras Jain, Adv.
                        Mr. Chaudhary Sameer Hasan, Adv.
    
                        Mr. Pravir Kumar Jain, AOR
                        Mrs. Amita Gupta, AOR
    
    
    ITEM 8
                        Mr. Sanjay Kumar Dubey, AOR
                        Mr. Rakesh Kumar Tewari, Adv.
                        Ms. Shuchi Singh, Adv.
                        Mr. Devendra Kumar Shukla, Adv.
                        Mr. Vivek Kumar Pandey, Adv.
                        Mr. Krishna Kant Dubey, Adv.
                        Mr. Aayush Kesharwani, Adv.
                        Ms. Shivani Mishra, Adv.
    
                        Mr. Jitendra Bharti, Adv.
                        Mr. Deepak Goel, AOR
                        Ms. Pankhuri Tiwari, Adv.
                        Ms. Alka Goyal, Adv.
                        Mr. Shailesh Sharma, Adv.
    
                        Mr. Ajay Veer Singh,, Adv.
                        Mrs. Mamta Jain, Adv.
                        Mr. Uday Ram Bokadia, Adv.
                        Ms. Mamta Jain,, Adv.
                        Mr. Shubham Singh, Adv.
                        Mr. Udayram Bokadia,, Adv.
                        Ms. Pratiksha Jain, Adv.
                        Ms. Pratiksha Jain,, Adv.
                        Mr. Nishant Singh, AOR
                        Ms. Divya Garg,, Adv.
                        Ms. Divya Garg, Adv.
    
    
    ITEM 9
                        Mr. Shivaraju H.B., Adv.
    
                                      3
                                                WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
                        Mr. Vishwesh R Murnal, Adv.
                        Mr. Ashwin Kotemath, Adv.
                        Mr. Shantkumar Nitturmath, Adv.
                        Mr. Krishna Joshi, Adv.
                        Mr. Garv Vikas, Adv.
                        Mr. Jasveer Rana, Adv.
                        Mr. Harisha S.R., AOR
    
    ITEM 10
    
                        Mr. Ajay Veer Singh,, Adv.
                        Ms. Mamta Jain,, Adv.
                        Mr. Udayram Bokadia,, Adv.
                        Mr. Shubham Singh,, Adv.
                        Ms. Pratiksha Jain,, Adv.
                        Ms. Divya Garg,, Adv.
                        Mr. Nishant Singh, AOR
    
    
    For Respondent(s)   Ms. A. Subhashini, AOR
                        Mr. T. V. Ratnam, AOR
                        Mr. Karan Bharihoke, AOR
                        Ms. G. Indira, AOR
    
                        Mr. Gopal Jha, AOR
                        Mr. Shreyash Bhardwaj, Adv.
                        Mr. Suresh Shambhuprasad Kanojia, Adv.
                        Mr. Amit Chandramohan Jha, Adv.
                        Mr. Eresh Roshan Swain, Adv.
                        Mr. Atul Kumar, Adv.
                        Mr. Ramji Dwivedi, Adv.
    
                        Mr. Satish Kumar, AOR
    
                        Mr. C Raghavendren, Adv.
                        Mr. Devansh Tyagi, Adv.
                        Mrs. C Rubavathi, Adv.
                        Mr. M Vishnu Venkatesh, Adv.
                        Mr. Saurabh Gupta, Adv.
                        Mr. M. A. Chinnasamy, AOR
                        Mr. Ajay Kumar, AOR
                        Mr. Shibashish Misra, AOR
    
                        Mr. Arjun Garg, AOR
                        Ms. Arushi Kulshrestha, Adv.
                        Ms. Muskan Bensla, Adv.
                        Ms. Mrinmoyee Das, Adv.
    
    
                        Mr. Anandh Kannan N., AOR
    
    
                                      4
                         WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Mr. K. Ram Kumar, AOR
    Dr. J. P. Dhanda, AOR
    M/S. Parekh & Co., AOR
    Ms. Hemantika Wahi, AOR
    Mr. T. G. Narayanan Nair, AOR
    
    Mr. Krishnanand Pandeya, AOR
    
    Mr. S. Sukumaran, Adv.
    Mr. Anand Sukumar, Adv.
    Mr. Bhupesh Kumar Pathak, Adv.
    Mrs. Ruche Anand, Adv.
    Ms. Meera Mathur, AOR
    
    Mr. Kanhaiya Priyadarshi, AOR
    Mr. Guntur Prabhakar, AOR
    Mr. T. L. Garg, AOR
    
    Mr. Rohit Swarup, Adv.
    Mr. Sukhamrit Singh, Adv.
    Mr. Ashish Kandpal, Adv.
    Ms. Sheetal Kandpal, Adv.
    Mr. Shashank Singh, Adv.
    Mr. P.R. Abhimanyu Karthikeya Raja, Adv.
    Mr. Praveen Swarup, AOR
    
    Mr. Rajesh Srivastava, AOR
    Mr. Rahul Kumar, Adv.
    Mr. Anil Kumar Gaur, Adv.
    Ms. Riddhi Gupta, Adv.
    Ms. Deepika Singh, Adv.
    
    Mr. Gopal Singh, AOR
    Mr. Sunil Kumar Jain, AOR
    
    Mrs. D. Bharathi Reddy, AOR
    Mr. Nishant Sharma, Adv.
    Ms. D Tejaswi Reddy, Adv.
    Ms. Adviteeya, Adv.
    
    Ms. Kumud Lata Das, AOR
    Mr. I.S.Minhas, Adv.
    Mr. Ashutosh Saini, Adv.
    Mr. Harsh Ajay Singh, Adv.
    Mr. Puneet, Adv.
    
    Dr. Sushil Balwada, AOR
    Mr. Nandlal Kumar Mishra, Adv.
    Mr. Ritul Tandon, Adv.
    Mr. Arjun Raghuvanshi, Adv.
    Mr. Onkar Nath Sharma, Adv.
    
                  5
                          WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Mr. Sahil, Adv.
    
    Ms. A. Sumathi, AOR
    
    Mr. G. Prakash, AOR
    Mr. Surya Kant, AOR
    
    Ms. Adviteeya, Adv.
    Mr. Rakesh K. Sharma, AOR
    
    Mr. Rajiv Mehta, AOR
    M/S. Corporate Law Group, AOR
    
    Mr. K M Nataraj, A.S.G.
    Mr. Gurmeet Singh Makker, AOR
    Mr. Nalin Kohli, Adv.
    Mr. B K Satija, Adv.
    Mr. Sharath Nambiar, Adv.
    Mr. Raman Yadav, Adv.
    Mr. Aaditya Dixit, Adv.
    Mr. R. R. Rajesh, Adv.
    Mr. Pratyush Srivastava, Adv.
    Mr. Suvesh Kumar, Adv.
    Mr. Sudarshan Lamba (aor), Adv.
    
    Mr. Gopal Balwant Sathe, AOR
    Mr. R. Sathish, AOR
    Mr. Ashok Kumar Singh, AOR
    
    Mr. P. I. Jose, AOR
    Mr. P S Chandralekha, Adv.
    Mr. Virat Shrivastava, Adv.
    Mr. Sridhar Akula, Adv.
    
    Mrs. Bina Gupta, AOR
    Mr. R. N. Keswani, AOR
    Mrs. Revathy Raghavan, AOR
    Ms. Asha Gopalan Nair, AOR
    Mr. V. K. Sidharthan, AOR
    Mr. B. D. Sharma, AOR
    Mr. Raj Kumar Mehta, AOR
    Mr. Jitendra Mohan Sharma, AOR
    
    Mr. Anil Shrivastav, A.A.G./AOR
    Ms. Avni Shrivastav, Adv.
    
    Mr. Sanjay Jain, AOR
    Mr. Ajit Pudussery, AOR
    Mr. Pradeep Misra, AOR
    
    Mr. Haresh Raichura, AOR
    
                  6
                         WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Mrs. Saroj Raichura, Adv.
    
    Mr. Prashant Kumar, AOR
    
    Mr. Ashok Mathur, AOR
    Ms. Shradha Zutshi, Adv.
    
    Mr. P. Parmeswaran, AOR
    Mr. Ranjan Mukherjee, AOR
    Mr. Radha Shyam Jena, AOR
    Mr. T. V. George, AOR
    Dr. N. Visakamurthy, AOR
    Mrs. Anil Katiyar, AOR
    Mr. P. K. Jain, AOR
    Mrs. Anjani Aiyagari, AOR
    Mr. Ratan Kumar Choudhuri, AOR
    Mr. T. Harish Kumar, AOR
    Mr. Arun K. Sinha, AOR
    Mr. Parijat Sinha, AOR
    Mr. K. R. Sasiprabhu, AOR
    
    Mr. Dharmendra Kumar Sinha, AOR
    
    Mr. Naresh K. Sharma, AOR
    M/S. Arputham Aruna And Co, AOR
    Mr. Kishan Datta, AOR
    Mr. V. N. Raghupathy, AOR
    M/S. Gagrat And Co, AOR
    Mr. Anil Nag, AOR
    Ms. N. Annapoorani, AOR
    Mr. Kamal Mohan Gupta, AOR
    Mr. Abhisth Kumar, AOR
    
    Mr. Reepak Kansal, Adv.
    Mrs. Geeta Jain Aggarwal, Adv.
    Ms. Alankrita Chowdhury, Adv.
    Mr. Shiv Kumar Tripathi, Adv.
    Mr. Rahul Kumar, Adv.
    Ms. Eliza Gupta, Adv.
    Mr. Ritesh Dhir, Adv.
    Mr. Dushyant Sharma, Adv.
    Mr. Abhishek Gaur, Adv.
    Mr. Pravir Choudhary, AOR
    
    Mr. Mukesh K. Giri, AOR
    Mr. Pranjal Kumar, Adv.
    Mr. Kunal Chaudhary, Adv.
    
    Mr. P. V. Yogeswaran, AOR
    Mr. M. Veerappa, AOR
    Mr. Chander Shekhar Ashri, AOR
    
                  7
                          WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Mr. T. Mahipal, AOR
    
    Mr. Guntur Pramod Kumar, AOR
    Ms. Prerna Singh, Adv.
    Ms. Vanshika Singh, Adv.
    
    Mr. Aaditya Aniruddha Pande, AOR
    
    Mr. Kailash Prashad Pandey, AOR
    Mr. B.k. Mishra Sr Advocate, Adv.
    Mr. S.L. Upadhyay Sr. Advocate, Adv.
    Mr. Dinesh Kumar Mudgal, Adv.
    Mr. Hitesh Kumar Sharma, Adv.
    Mr. Amit Kumar Sharma, Adv.
    Mr. Akhileshwar Jha, Adv.
    Mr. Anupam Kumar, Adv.
    Mr. Saurabh Kumar Solanki, Adv.
    Mr. Satvik Sharma, Adv.
    Ms. Savita Kaushik, Adv.
    Ms. Shreya Jha, Adv.
    Ms. Asmita Mishra, Adv.
    Ms. Sawati Vishan, Adv.
    Ms. Manisha Chawla, Adv.
    Ms. Divya Mishra, Adv.
    Ms. Suresh Kumari, Adv.
    Mr. D.p Singh, Adv.
    Mr. Desh Pal Singh, Adv.
    Mr. Jogendra Kumar, Adv.
    Mr. Jitender Kumar, Adv.
    Mr. Sanjiv Kumar, Adv.
    
     Mr. Amit Kumar, AG, Meghalaya
    Mr. Avijit Mani Tripathi, AOR
     Mr. T.K. Nayak, Adv.
     Mr. Z.H. Issac Haiding, Adv.
     Mr. Daniel Stone Lyngdoh, Adv.
     Mr. Marbiang Khongwir, Adv.
    
    Mr. Sabarish Subramanian, AOR
    
    Mr. Apoorv Kurup, Sr. Adv.
    Ms. Nidhi Mittal, AOR
    Mr. Aayush Mishra, Adv.
    
    Mr. Rana Ranjit Singh, AOR
    Mr. Vivek Kumar Singh, Adv.
    Mr. Ravish Singh, Adv.
    Mrs. Akanksha Singh, Adv.
    Mrs. Sweta Singh, Adv.
    Mr. Rajesh Garg, Adv.
    Mr. Aniket Rajput, Adv.
    
                  8
                          WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Ms. Saiyam Maan, Adv.
    Ms. Parul Kanojia, Adv.
    Mr. Nishant Kashyap, Adv.
    Mr. Aditya Shekhar, Adv.
    
    Mr. Sarad Kumar Singhania, AOR
    Ms. Namita Choudhary, AOR
    
    Mr. Aravindh S., AOR
    Ms. Jyotika Sharma, Adv.
    
    Mr. Raj Kishor Choudhary, AOR
    Mr. Shakeel Ahmed, Adv.
    Mr. Vikram Patralekh, Adv.
    Mrs. Pratibha Singh, Adv.
    Ms. Shalini Tripathi, Adv.
    Mr. Vineet Jindal, Adv.
    Mr. Shivam Yadav, Adv.
    Mr. Syed Faizan Ali, Adv.
    Ms. Gulfeshan Javed, Adv.
    
    Ms. Manisha Ambwani, AOR
    
    Mr. Ankit Sharma, Adv.
    Mr. Avneesh Arputham, AOR
    
    Mr. Pradeep Kumar Rai, Sr. Adv.
    Ms. Modoyia Kayina, Adv.
    Mr. Vinay Kumar Rai, Adv.
    Mrs. Rajshree Rai, Adv.
    Mr. Virendra Singh, Adv.
    Mr. Devi Prasad Semwal, Adv.
    Mr. Sumit Gehlot, Adv.
    Mr. Anil Agarwal, Adv.
    Mr. Paras Chauhan, Adv.
    Ms. Farhat Naim, Adv.
    Ms. Kajri Gupta, Adv.
    Mr. Ashok Pratap Rai, Adv.
    M/S R And R Law Associates, AOR
    
    Mr. Aaditya Aniruddha Pande, AOR
    Mr. Siddharth Dharmadhikari, Adv.
    Mr. Shrirang B. Varma, Adv.
    Mr. Bharat Bagla, Adv.
    Mr. Sourav Singh, Adv.
    Ms. Chitransha Singh Sikarwar, Adv.
    Ms. Disha Jham, AOR
    
     Mr. Lenin Singh Hijam, AG, Manipur
    Mr. Pukhrambam Ramesh Kumar, AOR
    Mr. Karun Shamra, Adv.
    
                  9
                         WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Ms. Anupama Ngangom, Adv.
    Ms. Rajkumari Divyasana, Adv.
    
    Mr. Vivek Sharma, AOR
    Mr. D. L. Chidananda, AOR
    
    Mr. Tanmaya Agarwal, AOR
    Mrs. Aditi Agarwal, Adv.
    Mr. Neel Kamal Mishra, Adv.
    Mr. Udit Bhardwaj, Adv.
    
    Mr. Smarhar Singh, AOR
    Ms. Shweta Kumari, Adv.
    Mr. Surjeet Singh, Adv.
    Mr. Pankaj Prakash, Adv.
    Mr. Manoj Kumar, Adv.
    Mr. Mohd Asim, Adv.
    
    Ms. Deepanwita Priyanka, AOR
    Mr. Satyalipsu Ray, Adv.
    Ms. Priyal Sheth, Adv.
    
    Mr. Satish Pandey, AOR
    Mr. Manmohan Sharma, Adv.
    Mr. Akbar Ali, Adv.
    Ms. Jay Jaimini Pandey, Adv.
    Ms. Smriti Kumari, Adv.
    Ms. Alka Tripathi, Adv.
    Dr. Sandeep Singh, Adv.
    Mr. Vikrant Rana, Adv.
    Mr. Prabhoo Dayal Tiwari, Adv.
    Ms. Surajita Pattanaik, Adv.
    Ms. Sadiya Shakeel, Adv.
    Mr. S Faheem Ahmed, Adv.
    Mr. Raj Ranjay Singh, Adv.
    Mr. Braj Kishore Mishra, Adv.
    
    Mr. Chritarth Palli, AOR
    Mr. Priyanshu Upadhyay, AOR
    
    Mrs. D. Bharathi Reddy, AOR
    Mr. Nishant Sharma, Adv.
    Ms. D Tejaswi Reddy, Adv.
    Ms. Adviteeya, Adv.
    
    Mr. Gunnam Venkateswara Rao, AOR
    Mr. Sanjay Kumar Tyagi, AOR
    
    Ms. Mayuri Raghuvanshi, AOR
    Dr. Mayuri Raghuvanshi, Adv.
    Mr. Vyom Raghuvanshi, Adv.
    
                 10
                         WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Ms. Akanksha Rathore, Adv.
    
    Mr. Satyajeet Kumar, AOR
    Mr. Sumeer Sodhi, AOR
    
    Mr. S.D. Sanjay, Advocate General (Bihar)
    Mr. Manish Kumar, AOR
    Mr. Divyansh Mishra, Adv.
    Mr. Kumar Saurav, Adv.
    
    Mr. Shrey Kapoor , AOR
    Ms. Esha Mazumdar , AOR
    Mr. S. Gowthaman, AOR
    
    Mr. K N Balgopal, AG Nagaland, Sr. Adv.
    Ms. Maninder Acharya, Sr. Adv.
    Ms. K. Enatoli Sema, AOR
    Mr. Amit Kumar Singh, Adv.
    Ms. Chubalemla Chang, Adv.
    Mr. Prang Newmai, Adv.
    Ms. Yanmi Phazang, Adv.
    
    Mr. Siddharth Sangal, AOR
    Mr. Vinod Sharma, AOR
    M/S. Plr Chambers And Co., AOR
    
    Mr. Guntur Pramod Kumar, AOR
    Ms. Prerna Singh, Adv.
    Ms. Vanshika Singh, Adv.
    
    Ms. Swati Ghildiyal, AOR
    Mr. Nimesh Bhatt, Adv.
    
    Dr. Mayuri Raghuvanshi, Adv.
    Mr. Vyom Raghuvanshi, Adv.
    Ms. Akanksha Rathore, Adv.
    Mr. Subhro Prokas Mukherjee, AOR
    
    Mr. Abhay Kumar, AOR
    Mr. Shagun Ruhil, Adv.
    Mr. Karan Chopra, Adv.
    Ms. Sakshi Sharma, Adv.
    
    Mr. Anil Kumar Mishra-i, AOR
    Mr. Amit Gupta, AOR
    
    Mr. Jana Kalyan Das, Sr. Adv.
    Mr. Sandeep Devashish Das, AOR
    Ms. Anusha Nagarajan, Adv.
    Ms. Anandini Kumari Rathore, Adv.
    Mr. Tejasvi Mahajan, Adv.
    
                 11
                          WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Mr. Lokesh Kumar, Adv.
    
    Mr. Sahil Tagotra, AOR
    Ms. Shreya Kasera, Adv.
    Mr. Abhishek Pandey, Adv.
    
    Ms. Sweena Madhavan Nair, AOR
    
    Mr. Niranjan Sahu, AOR
    
    Ms. Bina Madhavan, AOR
     Ms. Shubhangi Arora, Adv.
     Ms. Shruti Sharma, Adv.
    
    Mr. Ajay Pal, AOR
    Ms. Ranjeeta Rohatgi, AOR
    
    Mr. Purushottam Sharma Tripathi, AOR
    Mr. S.J.Amith, Adv.
    Mr. Ravi Chandra Prakash, Adv.
    Mr. Amit, Adv.
    Mr. Abhishek Tripathi, Adv.
    Mr. Prakhar Singh, Adv.
    Mr. Rajiv Kumar, Adv.
    Mr. Santosh Kumar, Adv.
    Ms. Vani Vyas, Adv.
    
    Mr. Atul Kumar, AOR
    Ms. Archana Kumari, Adv.
    Ms. Sweety Singh, Adv.
    Mr. Rahul Pandey, Adv.
    Mr. Viplove Parashar, Adv.
    Mr. Harsh Kumar, Adv.
    Ms. Diksha Joshi, Adv.
    
     Mr. Anup Kumar Rattan, AG, H.P.
     Mr. Kartikeya Rastogi, DAG
     Inderdeep Kaur Raina, Adv.
    Mr. Akshay Girish Ringe, AOR
    
    Mr. Sameer Abhyankar, AOR
    Ms. Yachna Sharma, Adv.
    Ms. Arushi Chopra, Adv.
    
    Mr. Raj Bahadur Yadav, AOR
    
    Mr. Sravan Kumar Karanam, AOR
    Mr. Kumar Abhishek, Adv.
    Mr. P. Venkatraju, Adv.
    Ms. M. Harshini, Adv.
    
    
                  12
                         WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Ms. Shradha Agrawal, AOR
    Mr. Naushad Ahmed Khan, Adv.
    
    Ms. Sugandh Rathor, AOR
    
    Mr. Sanjai Kumar Pathak, AOR
    Mrs. Shashi Pathak, Adv.
    Mr. Arvind Kumar Tripathi, Adv.
    Ms. Ruhi Sultana, Adv.
    Mr. Robin Kumar, Adv.
    
    Mr. Nikhil Jain, AOR
    Mr. Santosh Mishra, AOR
    
    Mr. Ahanthem Henry, Adv.
    Mr. Ahanthem Rohen Singh, Adv.
    Mr. Mohan Singh, Adv.
    Mr. Aniket Rajput, Adv.
    Ms. Khoisnam Nirmala Devi, Adv.
    Mr. Yeshu Mehta, Adv.
    Mr. Tanay Hegde, Adv.
    Mr. Ravi Kumar Bodhani, Adv.
    Mr. Kumar Mihir, AOR
    
    
    Mr. Lakshmeesh S. Kamath, AOR
    Ms. Samriti Ahuja, Adv.
    Ms. Aditi Prakash, Adv.
    Ms. Anushka Singhal, Adv.
    
    Mr. Mahesh Thakur, AOR
    Mr. Ankur Kashyap, AOR
    
    Mr. Maninderjit Singh Bedi, AG, Sr. Adv.
    Mr. Talha Abdul Rehman, Adv.
    Ms. Nupur Kumar, AOR
    
    Mr. Raghvendra Kumar, AOR
    
    Mr. Vijay Narayan, AG, Tamil Nadu, Sr. Adv.
    Mr. Prashanto Chandra Sen, AAG, Sr. Adv.
    Ms. Rupali Francesca Samuel, AOR
    Mr. Akash Srinanda, Adv.
    Ms. Radha Bhujel, Adv.
    
    Mr. Chirag M. Shroff, AOR
    Mr. Sushant Dogra, Adv.
    
    Mr. Nishe Rajen Shonker, AOR
    
    Mr. Dilip Annasaheb Taur, AOR
    
                 13
                         WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Mr. Amol V Deshmukh, Adv.
    
    Mr. Mukesh Kumar Maroria, AOR
    
    Mr. Mrigank Prabhakar, AOR
    Ms. Sakshi Banga, Adv.
    
    Mr. Shivaraju H.B., Adv.
    Mr. Vishwesh R Murnal, Adv.
    Mr. Ashwin Kotemath, Adv.
    Mr. Shantkumar Nitturmath, Adv.
    Mr. Krishna Joshi, Adv.
    Mr. Garv Vikas, Adv.
    Mr. Jasveer Rana, Adv.
    Mr. Harisha S.R., AOR
    
    Mr. Vikas Singh, Sr. Adv.
    Mr. Vijay Hansaria, Sr. Adv.
    Mr. Dinesh Dwivedi, Sr. Adv.
    Mr. Deepika Kalia, Adv.
    Mr. Sudeep Chandra, Adv.
    Mr. Mayank Sharma, Adv.
    Mr. Nishant Singh, Adv.
    Mr. Kushagra Bajpai, Adv.
    Mr. Tilak Raj Pasi, Adv.
    Ms. Khushi, Adv.
    Mr. Anand Sukumar, AOR
    
    Mr. Angad Baxi, AOR
    Ms. Narain Rashika Ashok, AOR
    
    Mr. Vipin Nair, AOR
    Mr. Aditya Narendranath, Adv.
    Mrs. Puspita Basak, Adv.
    Mrs. M.b. Ramya, Adv.
    Mrs. Deeksha Gupta, Adv.
    Mr. P B Sashaankh, Adv.
    Mr. Haresh Nair, Adv.
    Mrs. Madhavi Yadav, Adv.
    Mr. Ashok Kumar, Adv.
    
    Mr. G. Balaji, AOR
    
    Mr. Saktimay Chakraborty AG Tripura, Sr. Adv.
    Mr. Shuvodeep Roy, AOR
    Mr. Saurabh Tripathi, Adv.
    Mr. Deepayan Dutta, Adv.
    Mr. Devajit Saikia, AG Of Assam,
     Ms. Padmini, Adv.
    
    Mrs. Pragya Baghel, AOR
    
                 14
                         WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    
    
    Mr. Pravindra Singh Chauhan, Advocate General
    Mr. Lokesh Sinhal, Sr. A.A.G.
    Mr. B. K. Satija, Sr. A.A.G.
    Dr. Hemant Gupta, A.A.G.
    Mr. Samar Vijay Singh, AOR
    Ms. Payal Gupta, Adv.
    Ms. Sabarni Som, Adv.
    Mr. Rony John, Adv.
    Mr. Aman Dev Sharma, Adv.
    Mr. Vivek Bedi, Adv.
    Mr. Nikunj Gupta, Adv.
    
    Ms. Vandana Sharma Bhandari, AOR
    Mr. Kunal Mimani, AOR
    
    Mr. Shashank Singh, AOR
    Mr. Amit Kumar Singh, Adv.
    Mr. Varun Singh, Adv.
    Ms. Sneha Chandna, Adv.
    Mr. Milind Modi, Adv.
    Mr. Shashikant Chaubey, Adv.
    
    Mr. Aniruddha Purushotham, AOR
    Mr. Ankit Kumar, Adv.
    Mr. Prince Yadav, Adv.
    Mr. Mohneesh Pratap Singh, Adv.
    Mr. Vikram Vijay Pratap Singh, Adv.
    
    Mr. Nishant Awana, AOR
    
    Mr. Chanchal Kumar Ganguli, AOR
    
    Mr. Parveen Kumar Aggarwal, Adv.
    Mr. Piyush Viswas, Adv.
    Mr. Sunny Sachin Rawat, Adv.
    Mr. Sudarshan Singh Rawat, AOR
    
    
    Mr. Devvrat, AOR
    Ms. Harshita Sharma, Adv.
    Ms. Tamanna Khan, Adv.
    Mr. Shivam Singh, Adv.
    Ms. Irul Srivastava, Adv.
    Ms. Mridu J.mukherjee, Adv.
    Mr. Subas Ray, Adv.
    
    Mr. Santosh Krishnan, AOR
    Mr. Som Raj Choudhury, AOR
    
    Mr. Rohitashya Roy AG, Jharkhand
    
                 15
                           WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Mr. Kumar Anurag Singh Standing Counsel, Adv.
    Mr. Anando Mukherjee, AOR
    Mr. Shwetank Singh, Adv.
    Ms. Riya Dhingra, Adv.
    Mr. Utkarsh Anand, Adv.
    
    Mr. Biswajit Deb, AG, Mizoram
    Mr. Anando Mukherjee, AOR
    Ms. Shwetank Singh, Adv.
    Ms. Riya Dhingra, Adv.
    Mr. Utkarsh Anand,Adv.
    
    Mr. Mahfooz Ahsan Nazki, AOR
    Mr. Manu Krishnan G, AOR
    
    Mr. Varun Varma, Adv.
    Mr. Sarthak Upadhyaya, Adv.
    Mr. Prashant Khari, Adv.
    Mr. T. Hari Hara Sudhan, AOR
    Mr. Himali Choudhary, Adv.
    Mr. Chandril Chattopadhyay, Adv.
    Mr. Manaj Sarkar, Adv.
    Mr. Aastha Sharma, Adv.
    Mr. Dhruv Goyal, Adv.
    
    Mr. K.M.Nataraj, A.S.G.
    Mr. Neeraj Kumar Sharma, Adv.
    Mr. Mukesh Kumar Verma, Adv.
    Mr. Vatsal Joshi, Adv.
    Mr. Krishna Kant Dubey, Adv.
    Mr. Piyush Beriwal, Adv.
    Mr. Harish Pandey, Adv.
    Mr. Shashwat Parihar, Adv.
    Mr. Mukul Singh, Adv.
    Mr. Kanu Agrawal, Adv.
    Mr. Shreekant Neelappa Terdal, AOR
    Dr. N Vishakamurthy (aor), Adv.
    Mr. B.K Satija, Adv.
    Mr. Vinayak Sharma, Adv.
    Mr. Padmesh Mishra, Adv.
    Mr. Sharath Nambiar, Adv.
    Mr. Nalin Kholi, Adv.
    
    Mr. G. N. Reddy, AOR
    
    Ms. Preetika Dwivedi, AOR
    Mr. Abhisek Mohanty, Adv.
    Mr. Ansh Rajauria, Adv.
    
    Ms. Radhika Gautam, AOR
    
    
                 16
                            WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Mr. Nitish Kumar Mishra, Adv.
    Ms. Aswathi M.k., AOR
    
    Mr. Surojit Nath Mitra, Advocate General
    Mr. Uddyam Mukherjee, AOR
    Mr. Swapnil Pattanayak, Adv.
    Ms. Kratika Kushwaha, Adv.
    
    Mr. Amrish Kumar, AOR
    
    Mr. Amit Gupta, Sr. Adv.
    Mr. Siddhartha Iyer, AOR
    Ms. Muskan Nagpal, Adv.
    
    Mr. Vikas Singh, Sr. Adv.
    Mr. Parveen Kumar Aggarwal, Adv.
    Mrs. Deepeika Kalia, Adv.
    Mr. Sudeep Chandra, Adv.
    Ms. Khushi, Adv.
    Mr. Pareekshit Bishnoi, Adv.
    Mr. Piyush Biswas, Adv.
    Ms. Pariksha, Adv.
    Miss Pariksha, AOR
    
    Mr. V. N. Raghupathy, AOR
    
    Mr. Jaideep Gupta, Sr. Adv.
    Mr. Kunal Chatterji, AOR
    Ms. Maitrayee Banerjee, Adv.
    Mr. Rohit Bansal, Adv.
    Mr. Varij Nayan Mishra, Adv.
    
    Mr. Sunny Choudhary, AOR
    Mr. D. K. Devesh, AOR
    
    Mr. Sandeep Sudhakar Deshmukh, AOR
    Mr. Nishant Sharma, Adv.
    Mr. Ankur Savadikar, Adv.
    Mr. Kartik Sharma, Adv.
    
    Mr. Maibam Nabaghanashyam Singh, AOR
    
    Ms. Asmita Singh, AOR
    
    Ms. Patil Rekha Chandra Gouda, AOR
    
    Mr. Kumar Murlidhar, AOR
    Mr. Sanatan Ghosh, Adv.
    
    
    Mr. Vedant Mishra, Adv.
    
                 17
                         WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Mr. Suriya Kannan Sabanayagam, Adv.
    Mr. P. Ashok, Adv.
    Ms. Smita Amratlal Vora, AOR
    
    Mr. Rajiv Ranjan Dwivedi, AOR
    
    Mr. Shantanu Krishna, AOR
    Ms. Vaishnavi Srivastava, Adv.
    
    Mr. Kaushik Choudhury, AOR
    
    Mr. Piyush Dwivedi, AOR
    Mr. Deepak Bhardwaj, Adv.
    Mr. Braj Kishore Mishra, Adv.
    Ms. Diksha Verma, Adv.
    Mr. Jatinder Bir Singh, Adv.
    Ms. Usha Bhaskar, Adv.
    
    Mr. Rajendra Prasad, Advocate General
    Mr. Shiv Mangal Sharma, A.A.G.
    Mr. Shivansh B Pandya, Adv.
    Mr. Saurabh Rajpal, Adv.
    Ms. Nidhi Jaswal, AOR
    
    Mr. K Rajeev, Adv.
    Mr. Bijo Mathew Joy, AOR
    Ms. Gifty Marium Joseph, Adv.
    
    Mr. Vivek Sharma, Advocate General
    Ms. Ankita Sharma, AOR
    Mr. Arjun D Singh, Adv.
    Ms. Ishika Neogi, Adv.
    
    Mr. Daya Krishan Sharma, AOR
    Mr. Rohit Vats, Adv.
    Mr. Amodh Bhiduri, Adv.
    Mr. Vikrant Nirula, Adv.
    
    Mr. Anandh Kannan N., AOR
    
    Ms. Pyoli, AOR
    Ms. Astha Sharma, AOR
    Ms. Enakshi Mukhopadhyay Siddhanta, AOR
    
    Mr. Venkata Raghuvamsy D., AOR
    
    Ms. Vishakha, AOR
    Mr. Utkarsh Raj Sahay, Adv.
    
    Ms. Manju Jetley, AOR
    Ms. Sujata Kurdukar, AOR
    
                 18
                            WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
    Mr. P. S. Sudheer, AOR
    Mr. Amit Sharma, AOR
    Ms. Taruna Ardhendumauli Prasad, AOR
    
    Mr. Ashutosh Dubey, AOR
    Mrs. Rajshri Dubey, Adv.
    Mr. Abhishek Chauhan, Adv.
    Mr. Amit P Shahi, Adv.
    Mr. Amit Kumar, Adv.
    Mr. Rajendra Anbhule, Adv.
    Mrs. Sona Khan, Adv.
    Mr. H B Dubey, Adv.
    Mr. Rishabh Bhardwaj, Adv.
    Mr. Rahul Mishra, Adv.
    
    Mr. Amit Pai, AOR
    Ms. Pankhuri Bhardwaj, Adv.
    Ms. Bhavana Duhoon, Adv.
    Mr. Arjun Sagar, Adv.
    Mr. Shathaayu Patil, Adv.
    
    Mr. Ravi Bharuka, AOR
    
    Mr. Vivek Sharma, AOR
    Dr. Vijay Kumar Sharma, Adv.
    
    Mr. Ashish Pandey, AOR
    Mr. T. V. Ratnam, AOR
    
    Mr. Ajay Kumar Srivastava, Adv.
    Mr. Abhishek Yadav, Adv.
    Mr. Adrut Ashish, Adv.
    Mr. Vinod Kumar, Adv.
    Mr. Sachin Bhatt, Adv.
    Mr. Braj Kishore Mishra, AOR
    
    Mr. S N Babulkar Sr Adv, Advocate General
    Dr. Abhishek Atrey, Adv.
    Ms. Ishita Bist, Adv.
    Ms. Ambika Atrey, Adv.
    Mr. Navneet Gupta, Adv.
    Mr. Abhishek Atrey, AOR
    
    Mr. Adarsh Upadhyay, AOR
    Ms. Pallavi Kumari, Adv.
    Mr. Shashank Pachauri, Adv.
    
    Mr. Ajay Kumar Singh, AOR
    
    Mr. Ashish Giri, Sr. Adv.
    Mr. H. D. Thanvi, Adv.
    
                 19
                                         WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
                    Mr. Nikhil Kumar Singh, Adv.
                    Mr. Harshit Kumar, Adv.
                    Mr. Kshitish Bikarmia, Adv.
                    Mr. Rishi Matoliya, AOR
    
    For Impleader   Ms. Komal Mundhara, AOR
                    Mr. Aniket Bhattacharyya, Adv.
                    Ms. Laxita Upadhyay, Adv.
    
                    Mr. Sudhir Kumar Saxena, Sr. Adv.
                    Mr. Aviral Saxena, Adv.
                    Mr. Abhinav Sharma, Adv.
    
                    Mr. Ramesh Babu M.R., Sr. Adv.
                    Mr. Zulfikar Ali P.S., AOR
                    Ms. Lebina Baby, Adv.
                    Ms. Anna Oommen, Adv.
    
                    Mr. Onkar Singh, Adv.
                    Ms. Avni Singh, Adv.
                    Ms. Anamika Mishra, Adv.
                    Ms. Pragati Katiyar, Adv.
                    Ms. Shreya Singh, Adv.
                    Mr. Abhishek Singh, Adv.
                    Mr. R.K. Sachdeva, Adv.
                    Mr. Raj Narayan Pal, Adv.
                    Ms. Ragini Sachdeva, Adv.
    
                    Mr. Pitambar Acharya, AG Odisha
                    Ms. Sanjana Saddy, AOR
                    Mr. Shailja Singh, Adv.
                    Mr. Aman Chaudhary, Adv.
    
                    Ms. Shashi Kiran Shetty, AG, Karnataka
                    Mr. Rajesh Inamdar, AOR
                    Adoorya Bomakka, Adv.
                    Ms. Anshika Vaishnaw, Adv.
                    Mr. B.L.N. Sanjit, Adv.
                    Ms. Rakshita Singh, Adv.
                    Mr. Ritik Grover, Adv.
    
    ITEM 8
    
                    Mr. Divyakant Lahoti, AOR
                    Mr. Kartik Lahoti, Adv.
                    Ms. Akanksha Soni, Adv.
                    Ms. Shubheksha Dwivedi, Adv.
                    Ms. Vindhya Mehra, Adv.
                    Ms. Praveena Bisht, Adv.
                    Mr. Rahul Maheshwari, Adv.
                    Ms. Shreya Gokel, Adv.
    
                                 20
                                                  WRIT PETITION (CIVIL) NO. 1022/1989 ETC.
    
    
                    Mr. Siddharth Tripathi, Adv.
    
                    Mr. Tanmaya Agarwal, AOR
                    Mrs. Aditi Agarwal, Adv.
                    Mr. Rahul Singh Chauhan, Adv.
                    Mr. Neel Kamal Mishra, Adv.
                    Mr. Udit Bhardwaj, Adv.
    
                     Mr. Prashant Singh, Sr. Adv./AG M.P.
                     Ms. Manisha T. Karia, Sr. Adv./AAG
                    Mr. Sridhar Potaraju, A.A.G.
                    Mr. Rudraditya Khare, D.A.G.
                    Mr. Harmeet Singh Ruprah, AOR
                    Mr. Shantanu Krishna, Adv.
                    Mr. Kanishk Sharma, Adv.
    
                    Ms. Preetika Dwivedi, AOR
                    Mr. Abhisek Mohanty, Adv.
                    Mr. Ansh Rajauria, Adv.
    
                    Mr. Anupam Mishra, AOR
                    Mr. Jenis V Francis, Adv.
                    Mr. Harikumar V, Adv.
                    Mr. Chakma Purnojyoti, Adv.
                    Mr. Dev Prakash Bhardwaj, Adv.
                    Ms. Anubha Bhardwaj, Adv.
                    Ms. Neha, Adv.
                    Mr. Mohit Jumnani, Adv.
    
          UPON hearing the counsel the Court made the following
                             O R D E R
    

    1. The larger issue that falls for consideration in these

    applications and batch of petitions pertains to the

    SPONSORED

    enhancement in the age of superannuation/retirement of

    judicial officers on an all-India basis.

    2. When this matter was heard on 22.07.2026, an interim

    arrangement was evolved, whereby, if the State Governments,

    in consultation with the jurisdictional High Courts,

    resolved to increase the age of retirement beyond 60 years,

    judicial officers would be allowed to continue in service

    until they attain the enhanced age of retirement.

    21
    WRIT PETITION (CIVIL) NO. 1022/1989 ETC.

    3. All the States and the High Courts were, thus,

    requested to take a time-bound decision on the issue and

    apprise this Court. The learned Advocates General of the

    States were requested to remain present and assist us in the

    matter.

    4. Pursuant thereto, the State of Assam and the NCT of

    Delhi have sought further time to comply with our order

    dated 22.07.2026, whereas some other States, such as

    Telangana and Andhra Pradesh, have already enhanced the age

    of retirement to 61 years. The learned Additional Advocate

    General of the State of Madhya Pradesh also informs that,

    taking the recommendation made by the Full Court of the High

    Court into account, the State is willing to consider

    increasing the age of superannuation but a final decision is

    yet to be taken.

    5. However, most of the States have declined to enhance

    the age of superannuation, citing one or both of the

    following reasons for their disagreement:

    (i) the disparity in the age of retirement between

    the Judicial Officers and employees of the various

    Departments of the State Government; and

    (ii) an anticipated additional financial burden on the

    State exchequer.

    6. With regard to the first reason, learned senior

    counsel/counsel for the Applicants/Petitioners rely upon

    this Court’s opinion in All India Judges Association v.

    22
    WRIT PETITION (CIVIL) NO. 1022/1989 ETC.

    Union of India, reported in (1993) 4 SCC 288, the relevant

    extracts whereof are to the following effect:

    “7. It is not necessary to repeat here what has
    been stated in the judgment under review while
    dealing with the same contentions raised there. We
    cannot however, help observing that the failure to
    realize the distinction between the judicial
    service and the other services is at the bottom of
    the hostility displayed by the review petitioners
    to the directions given in the judgment. The
    judicial service is not service in the sense of
    ’employment’. The Judges are not employees. As
    members of the judiciary, they exercise the
    sovereign judicial power of the State. They are
    holders of public offices in the same way as the
    members of the council of ministers and the members
    of the legislature. When it is said that in a
    democracy such as ours, the executive, the
    legislature and the judiciary constitute the three
    pillars of the State, what is intended to be
    conveyed is that the three essential functions of
    the State are entrusted to the three organs of the
    State and each one of them in turn represents the
    authority of the State. However, those who exercise
    the State power are the Ministers, the Legislators
    and the Judges, and not the members of their staff
    who implement or assist in implementing their
    decisions. The council of ministers or the
    political executive is different from the
    secretarial staff or the administrative executive
    which carries out the decisions of the political
    executive. Similarly, the Legislators are different
    from the legislative staff. So also the Judges from
    the judicial staff. The parity is between the
    political executive, the Legislators and the Judges
    and not between the Judges and the administrative
    executive. In some democracies like the USA,
    members of some State judiciaries are elected as
    much as the members of the legislature and the
    heads of the State. The Judges, at whatever level
    they may be, represent the State and its authority
    unlike the administrative executive or the members
    of the other services. The members of the other

    23
    WRIT PETITION (CIVIL) NO. 1022/1989 ETC.

    services, therefore, cannot be placed on a par with
    the members of the judiciary, either
    constitutionally or functionally.

    xxxx

    9. So much for the contention of the review
    petitioners that the directions given by this Court
    would lead to the demand from the members of the
    other services for similar service conditions. It
    is high time that all concerned appreciated that
    for the reasons pointed out above there cannot be
    any link between the service conditions of the
    Judges and those of the members of the other
    services. It is true that under Article 309 of the
    Constitution, the recruitment and conditions of
    service of the members of the subordinate judiciary
    are to be regulated by the Acts of the appropriate
    legislature and pending such legislation, the
    President and the Governor or their nominees, as
    the case may be, are empowered to make rules
    regulating their recruitment and the conditions of
    service. It is also true that after the Council of
    States makes the necessary declaration under
    Article 312, it is the Parliament which is
    empowered to create an All India Judicial Service
    which will include posts not inferior to the post
    of District Judge as defined under Article 236.

    However, this does not mean that while determining
    the service conditions of the members of the
    judiciary, a distinction should not be made between
    them and the members of the other services or that
    the service conditions of the members of all the
    services should be the same. As it is, even among
    the other services, a distinction is drawn in the
    matter of their service conditions. This Court has
    in the judgment under review, pointed out that the
    linkage between the service conditions of the
    judiciary and that of the administrative executive
    was an historical accident. The erstwhile rulers
    constituted, only one service, viz., the Indian
    Civil Service for recruiting candidates for the
    judicial as well as the administrative service and
    it is from among the successful candidates in the
    examination held for such recruitment, that some
    were sent to the administrative side while others

    24
    WRIT PETITION (CIVIL) NO. 1022/1989 ETC.

    to the judicial side. Initially, there was also no
    clear demarcation between the judicial and
    executive services and the same officers used to
    perform judicial and executive functions. Since the
    then Government had failed to make the distinction
    between the two services right from the stage of
    the recruitment, its logical consequences in terms
    of the service conditions could not be avoided.
    With the inauguration of the Constitution and the
    separation of the State power distributed among the
    three branches, the continuation of the linkage has
    become anachronistic and is inconsistent with the
    constitutional provisions. As pointed out earlier,
    the parity in status is no longer between the
    judiciary and the administrative executive but
    between the judiciary and the political executive.
    Under the Constitution, the judiciary is above the
    administrative executive and any attempt to place
    it on a par with the administrative executive has
    to be discouraged. The failure to grasp this simple
    truth is responsible for the contention that the
    service conditions of the judiciary must be
    comparable to those of the administrative executive
    and any amelioration in the service conditions of
    the former must necessarily lead to the comparable
    improvement in the service conditions of the
    latter.”
    [Emphasis supplied]

    7. On the strength of the above reasons, this Court had

    confirmed its 1992 judicial decision1 to increase the age of

    retirement of judicial officers from 58 to 60 years.

    8. Concomitantly, Mr. Siddharth Bhatnagar, learned Amicus

    Curiae, through his written submissions, has also pointed

    out that for various other professional services under the

    Union or State Governments, distinct service conditions and

    ages of superannuation are provided for.

    1 All India Judges Association v. Union of India, (1992) 1 SCC

    119.

    25
    WRIT PETITION (CIVIL) NO. 1022/1989 ETC.

    9. Suffice it to say that the principles laid down by

    this Court in the above cited judgement continue to be

    relevant and deserve to be given due weightage by the State

    Governments.

    10. The second point of opposition, namely, the purported

    additional financial burden, has also been strongly opposed

    by the learned senior counsel/counsel representing the

    judicial officers. They point out that the judicial

    officers, upon retirement, will be entitled to be paid a

    lump-sum amount of a variety of retiral benefits, besides a

    recurring pension, which is ordinarily pegged at half of the

    salary being paid to them while in service. By increasing

    the age of superannuation, the State would have to begin

    payment of pension at a later date. Contrarily, if the

    position becomes vacant, it is submitted, the State will

    need to conduct recruitments in its annual cycle and pay

    regular salary to the new incumbent.

    11. Accordingly, the learned senior counsel/counsel for

    the Petitioners/Applicants have attempted to make out a case

    that the financial burden on the State would be much lower

    than what is anticipated by the Respondents. Furthermore, it

    is contended that the benefits of experience gained by

    permitting seasoned judges to continue in service far

    outweighs any marginal cost incurred by the State.

    12. To buttress this submission, our attention has been

    drawn to Paragraph 29 of All India Judges Association

    26
    WRIT PETITION (CIVIL) NO. 1022/1989 ETC.

    (supra), where this Court has elaborately dealt with the

    aspect of the financial burden on the State exchequer:

    “29. The alleged financial burden that would be
    thrown on the State exchequer on account of the
    enhancement of the superannuation age as a result
    of the payment of the maximum salary in the pay
    scale to the officers for a further period of 2 or
    5 years as the case may be, and on account of the
    higher outlay on their retiral benefits, is
    negligible considering the enormous advantage that
    the administration of justice and the society at
    large would derive from the enhancement in the age
    of retirement. The additional financial outlays
    have also to be weighed against those occasioned by
    the training of the new recruits, comparatively
    lower and slower rate of disposal of cases, higher
    rate of incorrect decisions and the consequent more
    number of appeals etc.
    Further, a simple arithmetical exercise would show
    that there is in fact little extra financial outlay
    involved. For, as against the payment of the
    maximum salary for another 2 or 5 years as the case
    may be, we have to calculate, for that period, the
    salary of the new recruit and the pension of the
    incumbent. The further contention that it would
    affect the employment conditions in different
    States is equally misconceived since all over India
    there are not more than about 10,000 judicial posts
    and most of the judicial officers after their
    retirement come to be appointed to the quasi-

    judicial or administrative tribunals. Thus, we see
    no merit in any of the objections to the
    enhancement of the retiring age.”
    [Emphasis supplied]

    13. We have considered these submissions and have perused

    the record, including the detailed note and summaries

    prepared by the learned Amicus Curiae and the learned senior

    counsel/counsel for the Applicants/Petitioners.

    14. On a prima facie consideration of the above

    27
    WRIT PETITION (CIVIL) NO. 1022/1989 ETC.

    submissions, it appears to us that neither of the reasons

    assigned by the State Governments for declining an

    enhancement in the age of retirement is tenable.

    Nevertheless, this Court must endeavour to resolve such like

    issues through a consensus. We, therefore, impress upon all

    the State Governments to revisit the issue re: enhancement

    of age of judicial officers from 60 to 62 years, keeping in

    mind the reasons stated above and without being influenced

    by the age of superannuation prescribed for the other

    Government employees.

    15. We may also clarify that the State Governments need

    not be constrained to take a specific decision only because

    the jurisdictional High Courts have expressed any

    reservation against enhancement of age of superannuation.

    The viewpoint of the respective High Court shall, it goes

    without saying, be considered by this Court while taking a

    final decision. However, the State Governments are expected

    to take their own independent call in the light of the

    factors mentioned above. We would appreciate it if the

    competent authorities in the State Governments take up this

    issue on an urgent basis with a pragmatic approach and a

    decision is taken within two weeks.

    16. The High Courts are also requested to look into the

    matter in the light of the observations made hereinabove and

    pass appropriate resolutions so as to strengthen the hands

    of the State Governments. Let such Full Court Resolutions be

    28
    WRIT PETITION (CIVIL) NO. 1022/1989 ETC.

    passed at the earliest, if not already so passed.

    17. All the State Governments through the Advocate

    Generals and the High Courts through the Registrar Generals

    are requested to submit their status reports with an advance

    copy to learned Amicus Curiae by 2 P.M. on 31.08.2026 to

    enable him to collate and compile the same.

    18. Needless to state that if the State Governments

    resolve to enhance the age of retirement, such benefits

    shall be immediately extended to the retiring officers and

    to such other officers who are entitled to it in terms of

    the interim order dated 22.07.2026. We may, however, clarify

    that such benefit shall not be available to any retired

    officer who has since obtained subsequent employment or has

    been appointed to any other office of profit under the Union

    Government or any State Government.

    19. Post these matters for further consideration on

    01.09.2026. The Registry is directed not to tag W.P.(C)

    No.1022 of 1989 with the other petitions.

    (GEETA AHUJA)                                      (PREETHI DILEEP KUMAR)
    DY. REGISTRAR                                          DY. REGISTRAR
    
    
    
    
                                          29
    



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