NEW DELHI, SEPTEMBER 4: The Supreme Court has directed seven States to increase the retirement age of judicial officers from 60 to 62 years, saying the move would help retain experienced judicial talent and reduce vacancies in the district judiciary.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana directed Chhattisgarh, Karnataka, Madhya Pradesh, Maharashtra, Sikkim, Tamil Nadu and West Bengal to amend their service rules and raise the superannuation age to 62 years, subject to a suitability assessment by the concerned High Court when an officer turns 60.
The amendments have been directed to be carried out as early as possible, preferably within two months. Pending the amendments, judicial officers in these States who have reached 60 will not superannuate until 62, subject to assessment of their suitability and performance by the respective High Courts.
The court also said judicial officers in these seven States who retired on or after March 31, 2026, may be given an option to rejoin the judicial service, provided they have not taken up subsequent employment.
The Supreme Court further directed Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Kerala, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Telangana, Tripura, Uttarakhand, Uttar Pradesh, Delhi, Jammu and Kashmir and Puducherry to reconsider their decisions on enhancing the retirement age.
These States and Union Territories have been asked to take a decision within two weeks and submit compliance reports.
The bench observed that retaining experienced judicial officers was essential to bridge the gap between sanctioned and working strength in the judiciary and ensure that access to justice was not hampered by unfilled posts.
The court also welcomed safeguards proposed by some High Courts, including suitability and performance assessments, saying such measures would allow experienced and competent officers of proven integrity to continue while removing "dead wood" from the system.
The bench had earlier said that States could not cite financial burden as a reason to oppose an increase in the retirement age of judicial officers.
The matter arises from a petition seeking uniform enhancement of the retirement age of district judiciary judges from 60 to 62 years across the country. The retirement age of Supreme Court judges is 65, while High Court judges retire at 62.
