Always first I smell from where the issue is raised and second, from where the solution is suggested.
The main issue is that how to clear the heavy pendency of cases in High Courts?
It is proposed that the retirement age of High Court judges should be increased so they will clear the pending cases and the number of pending cases will be reduced. In case this logic is considered so it will need to review on the track record of every individual judge as to how many cases they have cleared during the schedule of three years in the consequents blocks of three years during their entire service period and the cases should be considered individually for six months. Each period of six month should be observed and considered for next extension is found satisfactory. Besides medical examination should be done before every extension and should not be considered if taken more than three daus medical leave during the earlier period of extension. No medical reimbursement should be given during extended period. The extension period should not be counted as regular service and it should be an agreement for temporary status. The proper & detailed conditions should be included in the agreement and in case of breech of contract the agreement should be cancelled at any time without any notice.
The judges are themselves responsible for such heavy pendency of cases. So it is a question that if they were not able to work in such a disciplined manner at the age of youth so how they will increase their capacity after the age of stagnation? After the age of stagnation increase in retirement age will not serve the purpose but only increase burden to have outdated and frequently under medical treatment old persons who are enjoying the higher status with highest emoluments & other facilities from public money at the cost of bread of 37% BPL citizens. They will only take medical facilities and reimbursement of huge medical bills and will pass their OLD AGE as the GOLD AGE while in serving status without service. In fact it will become service of these old aged useless public servants by the people of India. The rule of "WORK & PAY AND NO WORK NO PAY" is already broken by the public servants and this Bill be a step ahead toward breaking this fundamental rule. IT IS JUST ANTI-CONSTITUTIONAL.
Increase in retirement age will also discourage the judges who are in "Q" for promotion. In this regard if there will be a system of promotion based on the performance than efficient persons will have more promotion opportunities. But, unfortunately, the bureaucracy has drafted no responsibility and only getting monitory benefits with promotion based on seniority. As a result the efficient & dedicated persons are being discouraged as they are being forced to think that nothing good will be happened even if worked hard. I am of the opinion that if track records of judges taken into consideration for promotion and increments than simply the pendency of cases will be sorted out.
Dr. Babasaheb Ambedkar Democratic Rights Forum (DRF)
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