Keywords: Supreme Court, Tripura HC, National Security Advisory Board, Gauhati HC
The Supreme Court upheld the order of the Tripura High Court, directing the State Government to pay remuneration to Justice Alok Baran Pal, a retired judge of the Gauhati High Court, who served as the Chairman of the National Security Advisory Board (NSA). The division bench of Justice AS Bopanna and Justice M M Sundresh confirmed the Tripura HC’s decision, which stated that Justice Pal should be paid remuneration at the rate of a High Court judge’s salary, minus the pension, during his tenure as the Chairman of the NSA Advisory Board.[1]
The case stemmed from Justice Pal’s claim that despite serving as the Chairman of the NSA Advisory Board from 1st July 2008 to 30th November 2018, he did not receive any payment for this role. The reason for this discrepancy was that during the same period, he also held the position of President of the State Consumer Disputes Redressal Commission, and later, Chairman of the Police Accountability Commission. Throughout this duration, from 1st July 2008 to 31st January 2016, he concurrently held two positions and received compensation for those roles. However, from 1st February 2016 to 30th November 2018, when he solely served as Chairman of the NSA Advisory Board, he did not receive any remuneration for his service in that capacity.
Justice Pal approached the High Court seeking remuneration for his service as Chairman of the NSA Advisory Board during the period from 1st February 2016 to 30th November 2018. The State Government had arbitrarily fixed a remuneration of Rs.5,000/- per month, which Justice Pal contested, citing the higher rate at which another similarly situated retired judge was being paid.
The High Court allowed Justice Pal’s plea, directing the State Government to pay him remuneration at the rate of a High Court judge’s salary minus the pension for the aforementioned period, along with other benefits enjoyed by the other retired judge in a similar position. The State appealed the order before a division bench, which upheld the High Court’s decision, deeming the State’s actions “demeaning” and discriminatory.
The State further appealed the decision to the Supreme Court. The Apex Court upheld the order[2] while clarifying that any adverse comments made by the High Court should not be seen as a reflection on the Government. The Supreme Court stressed that the case’s peculiar facts and circumstances did not set a precedent for future cases.
Written by- Ananya Upadhye, College name – ILS Law College, Pune, Semester- 6th an intern under Legal Vidhiya
[1] https://www.livelaw.in/supreme-court/supreme-court-upholds-tripura-hc-order-that-directed-state-government-to-pay-remuneration-to-retired-judge-who-served-as-chairman-of-nsa-advisory-board-233410?infinitescroll=1
[2] St of Tripura v J Rtd Alok Baran Pal
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