Parliament recently determined that the recovery of pension gratuity of judges of the superior courts in 120 months, is in accordance with the Constitution.
In January 2018, the Pensions Department decided to deduct in installments the commuted pension paid to the retired superior court judges following an audit query and a directive from the Auditor General’s Department to recover the payments. However, concerns were raised against the Pensions Department’s decision alleging that the move violates the Constitution.
The judges of the superior courts may, on their preference, receive a gratuity up to 24 times of the monthly pension they are entitled to, and the entire pension has been paid monthly without deducting this gratuity, for a long period of time.
As appearing in the Order Paper dated August 23, Parliament observed that “since the method of recovery of the said gratuity to the government upon preference to obtain same gratuity has also been defined, based on the Cabinet decision taken on July 19, related to the Cabinet Memorandum dated June 24, submitted by the President, recovery of gratuity paid as an advance to a Judge of the Superior Court through 10 years or 120 monthly installments does not violate Article 108 (2) of the Constitution.”
Parliament also observed that the Attorney General has pointed out that the Constitution has empowered Parliament to deal with all matters relating to the reduction of pension or consequents therein of the Supreme Court and Court of Appeal judges.
Parliament also observed that that the judicial sector received a very high salary increase recently. When a judge of the Supreme Court or of the Court of Appeal has been granted retirement by the Extraordinary Gazette Notification No. 1190/18 dated June 28, 2001, as amended by Section 25 of the minutes on pensions, he or she is entitled to a pension of 90 percent of the salary received at the time of retirement.
“The Attorney General has pointed out that the Constitution has empowered Parliament to deal with all matters relating to the reduction of pension or consequents therein of the judges of the Supreme Court and of the Court of Appeal,” the notice of motion in the said Order Paper further said.
The Pensions Department Director General responding to media on the subject said the Pensions Department will carry out the implementation of the determination after it receives the approval of the House.
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