The apex court made the remarks while hearing the All India Judges Association case dealing with services and allowances to judges.
The Court highlighted the role of the district judiciary in strengthening the rule of law and emphasized the State’s duty to ensure that the availability of services, both during service and retirement, aligns with the facilities and emoluments provided to former judicial officers.
Further, the Court acknowledged the demanding conditions under which the district judiciary functions, often extending beyond the confines of conventional working hours. It emphasized that judicial work requires preparation before cases are called, as well as the handling of matters after hearings.
“Hence it is a misnomer to postulate that work of a judge is assessed in terms of performance of duty during court working hours,” the Court added.
As such, the Court asserted that the State, which is under an affirmative obligation to provide services to judges, could not cite financial burden as a defence in not extending such benefits.
Source: Barandbench
