Supreme Court: State Can’t Underpay Tribunal Members Due to Low Case Load; Upholds Dignity of Retired Judges

On September 27, the Supreme Court emphasized the importance of treating retired High Court judges with respect during their appointments to state tribunals. Chief Justice DY Chandrachud and Justice Manoj Misra were addressing Haryana’s challenge against a Punjab and Haryana High Court order regarding the appointment of Retired Justice SD Anand as Chairperson of the Haryana State Pollution Control Board (HSPCB).

The High Court had previously ruled that Justice Anand should receive the same appointment terms as other tribunal chairpersons. Despite his appointment 22 months prior, Justice Anand had not received clarity on his terms. The state’s Additional Advocate General argued that Justice Anand’s lower salary was due to a reduced workload, noting only 114 cases had been filed in two years.

CJI Chandrachud responded, highlighting that a judge’s salary should not be tied to case volume. “Can you say that a court with fewer cases deserves 30% less salary? This attitude is unacceptable; it undermines the dignity of our former judges in these roles.”

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