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In an interim order, a bench of Chief Justice BR Gavai and Justices Prasanna B Varale and K Vinod Chandran referred to a similar decision taken by the Telangana High Court. It asked why judicial officers should be denied relief when the state government was ready to do so.
“It is needless to say that judicial officers as well as other employees of the state government also draw salaries from the same public treasury,” the bench said, adding that the retirement age of other employees of the state government is 62 years.
In any case, there is a difference of one year between the retirement age of high court judges and district court judges, the court said.
High Court judges retire at the age of 62 years and now the retirement age of District Court judges in Madhya Pradesh will be 61 years.
The bench fixed the final hearing on the petition after four weeks.
Senior advocate Gopal Shankaranarayanan, appearing for the Madhya Pradesh High Court, opposed the arguments seeking increase in the retirement age of district court judges.
On October 27, the top court had sought response from the Madhya Pradesh government and the High Court Registry on a plea challenging its refusal to increase the retirement age of judicial officers in the state from 60 to 61 years.
On May 26, a bench headed by Chief Justice BR Gavai had said there was no legal impediment in increasing the retirement age for judicial officers in Madhya Pradesh to 61 years.