Justice Nagarathna Reflects on Guilt Over Salary During Court Vacations
Justice BV Nagarathna of the Supreme Court, while addressing a case involving civil judges from Madhya Pradesh who were terminated from service, made a personal reflection on the guilt she feels about drawing a salary during court vacations when judges do not conduct hearings. The judge’s candid remark came as she refused to grant back wages to the civil judges who had been dismissed but later reinstated after intervention by the apex court.
“I feel so bad to get my salary during the summer vacation because I know we have not worked then,” Justice Nagarathna stated, highlighting her discomfort in receiving payment for periods of non-work.
A Bench comprising Justices BV Nagarathna and N Kotiswar Singh was hearing submissions from Senior Advocate Gaurav Agrawal, acting as amicus curiae, who informed the Court that the Madhya Pradesh High Court had reinstated four of the six dismissed judges, while the termination of the other two was upheld by the full court of the High Court. Following this, Senior Advocate R Basant requested the Court to consider granting back wages for the period the judges were out of service.
However, Justice Nagarathna firmly stated that since the judges did not work during their termination, granting back wages would not be appropriate. “The kind of work judges do… those being reinstated cannot expect back wages. When they did not work as judges, we cannot grant back wages. Our conscience does not permit it,” she explained.
The Supreme Court directed the Madhya Pradesh High Court to issue orders promptly to allow the four reinstated judges to rejoin their duties. “These officers will be given continuity in service. The suo motu writ with respect to officers whose termination is upheld will survive, while the suo motu concerning the four who have been inducted back is disposed of,” the Court ordered.
The case arose after the Madhya Pradesh government terminated six judges in June 2023, citing unsatisfactory performance during their probation period. The Supreme Court had taken suo motu cognisance of the matter in January and had previously directed the Madhya Pradesh High Court to reconsider its decision. In July, the High Court’s full court meeting resulted in the reinstatement of four judges, while the termination of the remaining two was upheld.
(With inputs from agency)
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