Chauffeur-driven car, secretary, peons — what Gauhati HC will give CJI Gogoi when he retires

Among retired judges ThePrint spoke to, there wasn’t much clarity on whether such benefits being extended to a retired CJI by parent HC were the norm or not.

File image of Chief Justice of India Ranjan Gogoi | PTI

New Delhi: Chief Justice of India Ranjan Gogoi will get a private secretary, two peons and a chauffeur-driven car, as and when required, from the Gauhati High Court after he retires and moves to Guwahati.

This decision by the high court has raised eyebrows in the legal fraternity over whether these benefits are over and above what Gogoi is entitled to.

The post-retirement benefits for Gogoi were approved last week at a full court meeting of the Gauhati High Court headed by Chief Justice Ajai Lamba. The Chief Justice of India will retire on 17 November.

Document accessed by ThePrint showed that on 30 October, a protocol committee meeting of the high court was held, followed by a full court meeting of 18 judges. A resolution adopted by the committee — which was then approved by the HC — said Gogoi and his wife will be provided with a “dedicated private secretary to look after the day to day requirements”.

He will also be provided with a private peon and one bungalow peon, who will “serve at the residence of Retd CJI Gogoi”. Further, a Gauhati High Court-owned chauffeur-driven vehicle will be available to Gogoi “on fuel and requirement basis”.

A nodal officer from the Gauhati High Court registry will also be appointed. The officer will act as a point of contact with Gogoi’s private secretary.

These benefits from the high court are beyond what Gogoi will receive under the Supreme Court Judges Rules, 1959 (amended as on 2014).

According to the rules, a retired Chief Justice of India is entitled, during his lifetime, to a payment of Rs 25,000 per month to avail the services of an orderly, driver and a security guard, and “for meeting the expenses incurred towards secretarial assistance on contract basis and for maintenance of an office-cum residence”. The retired CJI shall also be entitled to a residential telephone free of cost and the number of free calls worth 1,500 per month.

ThePrint called Gauhati High Court’s vigilance officer Mridul Kalita, who was privy to the full court meeting, for comment on whether these benefits were unprecedented. Kalita said he would not be able to comment on the matter “until I have the permission from the chief justice of Gauhati High Court”.

ThePrint also reached Raktim Duarah, the Principal Secretary to the Chief Justice of Gauhati High Court, by phone for a response, but he refused to comment saying he was travelling. “I will ask his Lordship and let you know,” said Duarah.

ThePrint reached Registrar General of Gauhati High Court Robin Phukan by phone and through text messages, but he did not respond.

A source in the Supreme Court registry, however, told ThePrint it had “no information about the full court meeting resolution”. But the source added that “it could be over and above entitled benefits granted by the parent high court of CJI Ranjan Gogoi as he is also the first chief justice from Assam”.

 

Judges stand divided

Among former judges, there appeared to be little clarity on whether such benefits being extended to a retired Chief Justice of India by his parent high court were the norm or not.

Justice V.N. Khare, who retired as chief justice of India in 2004, called it “unusual”.

“All expenses are personal and borne by judges, apart from the pension drawn in accordance with rules,” said Khare, whose parent high court was Allahabad.

A retired Delhi High Court judge, who did not want to be named, said while a private secretary was okay, the provision for a chauffeur-driven car and peons were “highly unusual and never heard of”.

However, a retired judge of the Supreme Court said that CJIs “do get such post-retirement benefits”.

Justice B.N. Srikrishna, also a former Supreme Court judge, told ThePrint that all these entitlements were normal as a CJI continues to be a state guest wherever he stays.

“A Chief Justice of India is always a state guest wherever he goes. So, the Government of India gives him all facilities along with pension which includes car, fuel, secretary etc. All CJIs are given this and the concerned high courts supervise it, said Justice Srikrishna.