New Delhi, Oct 2026 : The Supreme Court on Monday expressed satisfaction that 14 states have agreed to increase the retirement age of district judicial officers from 60 to 62 years, while declining to entertain requests for urgent hearings filed individually by judges nearing retirement or those who have recently retired.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said the matter fell within the court’s persuasive jurisdiction and should be addressed through institutional engagement between the Supreme Court and state governments.
“This pertains to the persuasive jurisdiction of this court. The issue is between the Supreme Court and the states,” the bench observed while refusing to list separate pleas filed by judicial officers due to retire or those who had already reached the age of superannuation.
Chief Justice Surya Kant said that 14 states had so far agreed to enhance the retirement age of district judiciary officers to 62 years. The bench expressed hope that other states would also accept the proposal.
Senior advocate Ranjit Kumar mentioned the individual pleas for urgent listing, pointing out that judicial officers were retiring every day. However, the bench clarified that although the main petition had been listed for hearing, it would not permit individual applications to be moved separately on the issue.
Supreme Court’s September 4 Direction
On September 4, the Supreme Court had directed states that agreed to increase the retirement age of judicial officers to amend their service rules and extend the age of superannuation from 60 to 62 years.
The court had specified that the extension would be subject to an assessment of the concerned judicial officer’s suitability and performance by the respective high court. It had also asked the states to complete the necessary amendments, preferably within two months.
Pending the formal amendment of service rules, the bench directed that judicial officers in the consenting states should not retire upon attaining 60 years of age. They could continue in service until 62, subject to an assessment of their suitability and performance by the concerned high court.
The court also made a provision for judicial officers in seven states — Chhattisgarh, Karnataka, Madhya Pradesh, Maharashtra, Sikkim, Tamil Nadu and West Bengal — who had retired on or after March 31, 2026. They were to be given an option to rejoin judicial service, provided they had not taken up subsequent employment.
States Asked to Reconsider Their Position
The Supreme Court had earlier directed several states and Union Territories to reconsider their decisions on enhancing the retirement age of district judges.
These included Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Kerala, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Telangana, Tripura, Uttarakhand, Uttar Pradesh, the National Capital Territory of Delhi, Jammu and Kashmir, and Puducherry.
The bench had also made it clear that state governments could not cite financial burden as a reason to oppose an increase in the retirement age of judicial officers. It had urged the states to revisit the issue, highlighting the need for a uniform approach to judicial service conditions across the country.
The matter is being heard in response to a petition seeking a nationwide increase in the retirement age of district judiciary judges from 60 to 62 years.
Retirement Age of Judges in India
At present, Supreme Court judges retire at 65 years, while high court judges retire at 62 years. The retirement age of district judiciary officers has generally remained at 60 years, although some states have moved towards extending it.
The issue has a historical background. In a 2002 judgment, the Supreme Court declined to accept the recommendation of the Justice K Jagannatha Shetty Commission, which had proposed raising the retirement age of district judges to 62 years.
Since then, certain states, including Telangana and Madhya Pradesh, have taken steps towards increasing the retirement age of judicial officers.
The ongoing proceedings seek to establish a more uniform retirement-age framework for the district judiciary across India. The court’s latest observations indicate that it expects more states to agree to the proposed extension, while individual cases will not be taken up separately from the broader institutional process.
Any increase in the retirement age remains subject to the applicable directions of the Supreme Court, state service-rule amendments and the prescribed suitability assessments by the respective high courts.
