The decision was delivered by a bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra, as they addressed the issue of pending salaries for judges of the Patna High Court, alongside concerns about the proper pension provisions for judicial officers.
During the hearing, the bench was informed that Justice RP Mishra, who was elevated to the Patna High Court in November 2023 from the higher judicial services, had yet to receive his salary. Despite completing all necessary formalities, his General Provident Fund (GPF) allocation remained unresolved, and no salary had been issued since his promotion.
Taking serious note of the delay, Chief Justice Chandrachud expressed concern over the matter and questioned the actions of the Patna High Court. “Why has Justice RP Mishra’s salary not been released yet? Why are they being denied their rightful salary?” the CJI queried. The bench emphasised that Justice Mishra, who had previously been under the New Pension Scheme (NPS) while serving in the district judiciary, should now be governed by the same service conditions as other high court judges following his elevation.
In its ruling, the Supreme Court directed the Bihar government to not only release the pending salary of Justice Mishra but also to clear any arrears.
This is not the first instance of delayed payment for Patna High Court judges. In March 2023, the Supreme Court had ordered the release of salaries for seven judges whose GPF accounts had been closed following their elevation to the high court. The bench, at the time, comprised Chief Justice Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, who were addressing a petition filed by seven judges in a similar situation.
The petitioners in the previous case, whose GPF accounts had been frozen, included Justices Shailendra Singh, Arun Kumar Jha, Jitender Kumar, Alok Kumar, Sunil Dutt Mishra, Chandra Prakash Singh, and Chandra Shekhar Jha. These judges, previously under the National Pension Scheme during their tenure in the state judicial service, were similarly affected by the transition to the high court.
As the Supreme Court continues to tackle the administrative hurdles faced by high court judges, this latest ruling underscores the need for streamlined processes regarding judicial pay and pensions.