The Supreme Court on Monday refused to consider a Public interest litigation seeking uniform age of retirement for the judges of the High Court and the Supreme Court.
A bench of Chief Justice of India SA Bobde, Justices AS Bopanna and V Ramasubramaniam allowed the petitioner to withdraw the petition. The bench said that the petitioners can approach the Central Government or the Law Commission of India with a representation in this regard.
“You want the judiciary to raise their age of retirement? What is it?”, CJI Bobde asked petitioner advocate Ashwini Upadhyay.
Ashwini Upadhyay argued that the different ages of retirement of HC judges and SC judges – 62 years for the former and 65 years for the latter – were irrational as both courts are constitutional courts.
“Both the Supreme Court and the High Court are record courts. Both protect fundamental rights. Even the oath is the same. After different ages of retirement in arbitrary and irrational,” he said.
The CJI asked Upadhyay if he had consulted the judges of the High Court if he wanted to work longer.
Upadhyay requested the bench to tag his petition with the case in which the Supreme Court is considering the appointment of ad hoc judges for the High Courts. However, the bench was not persuaded and asked to approach the Central Government or the Law Commission of India instead.