The Supreme Court of India has cleared the path for the State of Madhya Pradesh and its High Court to increase the retirement age of subordinate judicial officers to 61 years. This decision comes as a relief to a petitioner who had sought a mandamus direction to align the retirement age of judicial officers with that of other state government employees, which had been enhanced to 62 years.

The petitioner had initially approached the Madhya Pradesh High Court on its administrative side, seeking an increase in the retirement age. However, the High Court rejected the representation, citing a previous Supreme Court order dated March 21, 2002, in All India Judges’ Association & Ors. Vs. Union of India & Ors., as a bar to such a move.

Precedent from Telangana High Court:

A similar situation arose in Telangana, where the High Court sought clarification from the Supreme Court regarding the age of superannuation for judicial officers. The Telangana High Court wished to bring the retirement age in line with the state government employees, whose retirement age had been increased from 60 to 61 years.

In an order dated November 23, 2023, the Supreme Court granted permission to the High Court of Telangana to amend its State Judicial Service Rules, allowing the increase in the retirement age of judicial officers to 61 years. The Supreme Court explicitly clarified that this increase was permitted because it would be "beneficial to the judicial officers."

Supreme Court's Clarification for Madhya Pradesh:

Drawing parallels with its decision concerning Telangana, the Supreme Court found "no impediment" for the Madhya Pradesh High Court to enhance the retirement age of judicial officers in the state to 61 years.

The Court clarified that if the rules framed by the State of Madhya Pradesh permit such an enhancement and the High Court decides to implement it, the same would be permissible.

Directive to Madhya Pradesh High Court:

Consequently, the Supreme Court has directed the High Court of Madhya Pradesh, on its administrative side, to take a decision on this matter at the earliest, and in any case, within a period of three months from the date of the order.

With this clarification, the writ petition filed by the judicial officer seeking enhancement of the retirement age stands disposed of, opening the door for a potential increase in the superannuation age for judicial officers in Madhya Pradesh.