Supreme Court Directs Bihar Government to Pay Salary and Arrears to Justice Rudra Prakash Mishra

New Delhi, 1st October 2024: The Supreme Court has directed the Bihar government to pay the salary and arrears to Justice Rudra Prakash Mishra of the Patna High Court from the date he assumed office. On Monday, a bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra issued this interim order after hearing Justice Mishra’s petition.

The court emphasized, “How can any judge be expected to work without salary payment?” It instructed the Bihar government to immediately open a temporary General Provident Fund (GPF) account and pay Justice Mishra’s salary from the date he assumed office.

Justice Mishra took the oath of office as a judge of the Patna High Court on November 4, 2023. Although appointed from the judicial service quota, his salary was not being disbursed due to the absence of a GPF account.

Chief Justice DY Chandrachud expressed frustration with the Nitish Kumar-led Bihar government while hearing the case regarding the non-payment of salary to Justice Mishra for several months. The bench took a stern stance, instructing the state government to release the pending salary of Justice Mishra by opening a temporary GPF account for him.

Justice Chandrachud remarked, “How can any judge be expected to work without salary payment?” This statement reiterated the necessity for timely compensation for judicial officers.

Justice Mishra was promoted from the district judiciary to the Patna High Court on November 4, 2023. However, he had not received his salary due to the requirement of having a GPF account, which is a prerequisite for high court judges. Judges of subordinate courts are covered under the New Pension Scheme (NPS) and therefore do not possess GPF accounts.

During the proceedings, the bench questioned, “Why is he not getting salary? What is this? We will pass an interim order to release his salary.”

The court directed the Bihar government to open a temporary GPF account for Justice Mishra. Solicitor General Tushar Mehta, who represented the Centre, requested time until Friday and assured the bench that the issue would be resolved by then.

The General Provident Fund (GPF) is a retirement savings scheme available to government employees. Contributions to the GPF are made over a period, and the fund can only be accessed upon retirement. Employees can contribute up to 15% of their salary to the GPF account.

The GPF allows employees to borrow against their contributions, and importantly, these loans are interest-free. Unlike other provident funds, the GPF is specifically designed for government employees.

The Provident Fund (PF) is applicable to both government and private employees, with contributions made by both parties. In contrast, the Public Provident Fund (PPF) is available to any citizen and serves as a savings and tax-saving account, offering tax benefits on both deposits and interest earned.