Justice R.P.Mishra of Patna High Court Moves Apex Court Over Unpaid Salary Since His Elevation
(Judicial Quest News Network)
The Apex Court on Friday agreed to hear a plea filed by sitting judge of Patna High Court Justice Rudra Prakash Mishra expressing his struggle to get his account number of General Provident Fund GPF and the subsequent release of his salary.
A three Judges bench comprising of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra issued notice to the Union of India and the State of Bihar.
The petition is represented by AOR Prem Prakash who appeared for Justice R.P Mishra pressed for an interim relief.
Justice Mishra who was elevated to the High Court in the month on November 2023, from the highier judicial services, presented his case, asserting that despite completing all required documentation, he is yet to be allotted GPF account.
However, the court did not pass any interim order but said that it will hear the matter and has posted it for consideration on January 29, 2024.
The crux of the matter lies in section 20of the High Court Judges (Salaries and Conditions of Services) Act, 1954.which state sthat every judgeis entitled to subscribeto the General Provident Fund (Central Services).The Act further specifies that judge who held pensionable civil posts before their appointment shall continue to subscribe to the provident fund they were enrolled in before assuming the judicial position.
It was further submitted that the deprivation of the GPF benefits has resulted in the petitioner not receiving his salary since his elevation, and that has led to ommense mental and financial instability.
The Apex Court’s oreder reads: “issue notice. Liberty to serve Central Agency dasti, in addition.Tag with writ petitions (C) No 232 of 2023 list the petition with connected matter(s) On 29 Jnauary.
The outcome of this case holds importance not only for the individual judge but also for the broader interpretation and application of judicial service-related regulations.
