Report No. 77

9.13. Retired officers.-

In the context of the heavy backlog of civil and criminal cases for the clearance of which we need additional courts for a period of a few years, we may point out the desirability of utilising the services of some retired judicial officers. The judicial officers retire in some States at the age of 55 and in other States at the age of 58 years. Many of them are known for their integrity, efficiency and quick disposal. The High Court is presumed to know as to which of the many judicial officers who have retired recently possess the above qualifications.

To prevent appointment of judicial offices who have become senile or out of touch with the judicial work because of the passage of long time since their retirement, it may be necessary to lay down that judicial officers only in the age group of 55 to 62 years should be appointed for this purpose. The appointment should be made by the State Government on the recommendation of the High Court. No one should be appointed for the post unless his name is recommended by the High Court.

For the work done by the judicial officers, they would, in addition to pension, be paid such honorarium as may be prescribed. A number of old cases may be assigned to such judicial officers for disposal, and they would be expected to dispose them of within the prescribed time. The appointment should normally be made for a period of two or three years, with power to the State Government to extend the period of appointment at the recommendation of the High Court.