Justice Rudra Prakash Mishra to get his salary, Justice Shailendra Singh withdraws his petition

In Justice Rudra Prakash Mishra vs. Union of India & Ors on September 30, 2024, the Supreme Court's 3-judge bench of 50th Chief Justice of India and Justices J.B. Pardiwala, and Manoj Misra have passed an order directed Government of India to release the salary of Justice Rudra Prakash Mishra of Patna High Court which was withheld due to the inability to open his General Provident Fund (GPF) account. Its order reads: "We accordingly direct that the salary which has been withheld shall be released to him by the Government of India inclusive of arrears from the date he is entitled. A temporary GPF Account be opened in the name of Justice Rudra Prakash Mishra. These directions shall abide by the further directions that may be issued or by the final result of the Petition, as the case may be. 9 List the Petitions on 3 October 2024." It observed: "At this stage, prima facie, it appears to the Court that an interim order would be required since no Judge can be expected to work without payment of the salary."

Justice Mishra was appointed as a Judge of the Patna High Court on November 4, 2023. His grievance presently is that his salary as a Judge of the High Court has not been released to him from the date of his appointment. While the Judge was governed by the New Pension Scheme as a Member of the District Judiciary, once he stands appointed as a Judge of the High Court, he would be governed at par with all other Judges of the High Court by the same terms and conditions of service.  

On January 12, 2024, the Court had issued notice to the Union of India, the State of Bihar and the Registrar General of the Patna High Court. The petition of Justice Mishra, a sitting judge of the Patna High Court throws light on his efforts to obtain the opening of a GPF account and the release of his salary. His counsel pressed for interim relief during the hearing. Justice Mishra was elevated to the High Court in November 2023 from the higher judicial services. He has submitted that despite completing all required documentation, he has not been allotted a GPF account. The case is related to Section 20 of the High Court Judges (Salaries and Conditions of service) Act, 1954. It states that every judge is entitled to subscribe to the General Provident Fund (Central Services). The Act further specifies that judges 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. The denial of GPF benefits resulted in Justice Mishra not getting his salary since his elevation. The Court had tagged it with other petitions.

Notably, one of the tagged petitions filed by Justice Shailendra Singh has been withdrawn. The Court's order of September 30, 2024 reads: "Counsel appearing on behalf of the petitioner seeks permission of the Court to withdraw the Writ Petition. The Writ Petition is dismissed as withdrawn." Prior to this on February 24, 2023, the 3-judge bench made an order in Justice Shailendra Singh & Ors. vs. Union of India & Ors which reads: "Having due regard to the fact that the petition impinges upon the conditions of service of Judges of the High Court, who have been recruited from the district judiciary, Mr K M Nataraj, Additional Solicitor General fairly states that he would have the matter duly looked into at the appropriate level of the Government of India so that this Court can be informed on the next date of hearing of the decision which has been taken to remedy the grievance".