SC refuses to entertain plea seeking uniform retirement age for judges

New Delhi, April 12: The Supreme Court on Monday refused to entertain a plea seeking uniform retirement age for judges of the apex court and the high courts.

At present, the retirement age for the Supreme Court judges is 65 years whereas for the high court judges, it is 62 years.

A bench comprising Chief Justice S. A. Bobde and Justices A. S. Bopanna and V. Ramasubramanian observed that the petitioner can make a representation to the government on the issue. Petitioner Ashwini Upadhyay, an advocate and BJP leader, argued that different age of retirements for judges of the high courts and the top court is irrational.

During the hearing conducted through video-conferencing, the bench observed, We are dismissing it. You can make a representation.”

When Upadhyay told the court that having different retirement age for judges in high courts and the apex court is irrational, the bench asked, How it is irrational? The petitioner said that he has some friends who are finest of lawyers but they do not want to become judges of the high court because the retirement age there is 62.

The bench was not impressed with his submission and also did not agree with him to tag the plea with the pending petition in which the issue of appointment of ad-hoc judges for high courts is being considered. The petitioner later sought permission to withdraw the petition. Counsel appearing for the petitioner prays for withdrawal of this petition. Prayer is allowed. Accordingly, the writ petition is dismissed as withdrawn, the bench said in its order.

The plea had stated that if there is uniformity in retirement age, the judges of the high court will discharge judicial work more independently and without any expectation to move to the Supreme Court.