JUDGMENT

V. Gopala Gowda, J.

This writ petition has been filed by the Orissa High Court Retired Judges Association (hereinafter called “the Association”) represented by its President challenging the action of the opposite parties with regard to non-payment of certain facilities and allowances like medical facility, domestic help allowance, secretarial assistance and telephone charges and seeking for issuance of a direction to suitably modify the order under Annexure-3 by extending medical facilities as was being available to them during the incumbency of judgeship and enhance the domestic help allowance and further to sanction secretarial assistance and telephone allowances to the members of the Association urging various facts and legal contention.

2. The case of the petitioner-Association is that it is a registered association of retired judges of the Orissa High Court which espouses the cause of the judges who were appointed by the President of India in terms of Article 217 of the Constitution of India and have retired on attaining the age of superannuation i.e. 62 years. Article 220 of the Constitution of India debars a permanent Judge from practicing in the same High Court after retirement. A judge during his tenure is entitled to salary and other allowances as specified in part-D of the 2nd schedule in terms of Article 221 of the Constitution of India. A judge also receives many privileges during his tenure, however, after retirement a judge is paid only pension and not other allowances and privileges which he was receiving during his incumbency. It is stated by the petitioners that a judge during his incumbency leads a dignified life and is used to a distinct lifestyle. No sooner a judge retires all the privileges and facilities are withdrawn and he is left in lurch. Further, because of the ageing factor a retired judge needs more help and assistance so that he would be useful to render services to the society. It is also mentioned that very often a retired judge associates himself with various social activities in as much as the public at large repose extreme trust and endow them with various responsibility and such judges are looked upon differently than others. Therefore, to facilitate a retired judge to be more functional in conformity with the dignity of the distinguished office he was holding all the facilities and privileges which he was receiving during his incumbency should be provided. In other words a judge becomes immobile; no sooner the privileges and facilities are withdrawn he had to keep himself away from the even tempo of the society. Therefore, taking all these factors into consideration various State Governments have provided medical facilities, domestic help, secretarial assistance, telephone allowances etc. to the retired judges of the High Court and this has been so done keeping in view the fact that a retired judge can play useful role in the society provided his services are utilized by either the State Government or State Legal Services Authority. It is further stated that granting medical facilities and other privileges to the retired judges was the subject matter of long deliberation throughout the country and in many states the same has already been acceded to. In the meeting of 2nd level monitoring committee held on 11.08.2009, which was presided over by the Hon’ble Chief Minister, the then Hon’ble Acting Chief Justice of Orissa High Court suggested that medical facilities to retired Judges as available in other states should also be made available to the retired Judges of this Court. Accordingly it was resolved that the Principal Secretary, Law Department, Government of Orissa would collect detail information from other States/ High Courts regarding availability of medical facilities to the retired High court judges and those information shall be placed before the Hon’ble Chief Minister. It is stated that the petitioner-Association addressed a representation dated 25.8.2010 under Annexure-2