Kathmandu, January 4:

At a time when the posts of judges in different courts across the country are lying vacant, the government is making final preparation to introduce voluntary retirement scheme (VRS) for judges.

Under this scheme, the state will offer a proposal for retirement to judges in Supreme Court, Appellate Courts and District Courts The Ministry of Law, Justice and Constituent Assembly Affairs has already given final touches to a draft Bill to introduce the new scheme.

The Bill will make amendments in the Supreme Court Justices Remuneration, Service Condition and Allowances Act 1969 and Appellate Court and District Court Judges Service Condition and Allowances Act 1991.

“The draft Bill has recently been forwarded to the Ministry of Finance, Supreme Court and Judicial Council,” Madhav Poudel, secretary at the Law Ministry told this daily.

According to Poudel, the Bill will be introduced before the Legislative Session of the Constituent Assembly only after getting consent from concerned bodies. “There is a provision for golden handshake in the bureaucracy. The government felt that it should introduce a similar provision for the judges,” Poudel added.

The Law Ministry has forwarded the draft Bill to the Finance Ministry to estimate the financial burden that the government would have to incur after the introduction of the scheme.

Under the new scheme, the state would add three years service period for the judges who want to take retirement. According to Section 5 (I) of the Bill, the apex court judges completing 63 years of age and fulfilling all criteria to get pension would be eligible for the scheme. Likewise, appellate and district court judges, completing 60 years of age and fulfilling all criteria to get pension, will be eligible for the scheme.

Patan Appellate Court’s judge Eak Raj Acharya welcomed the golden handshake programme saying that it was a good initiation to give retirement to the judges who are interested.

According to the Interim Constitution, the apex court justices will get retirement after completing 65 years of age and judges of the appellate and district courts will get retirement after completing the age of 63.

Commenting on the new scheme, former Chief Justice Kedar Nath Upadhyaya and Nepal Bar Association president Bishwo Kanta Mainali termed the scheme ‘unusual’ for the judiciary and said that it could tarnish the judicial independence.

“This scheme is unusual for me as I am not familiar with such practice in the judiciary,” Upadhyaya said, adding, “Possibly, there is something wrong. I don’t know why the government wants judges to retire when the positions of judges are lying vacant in different courts.”

Mainali said the state could introduce a fresh appointment scheme but could not offer golden handshake to judges. “The judges’ post is not like the post in bureaucracy or in multi-national organisations and trade unions. This is not suitable for judiciary,” he added.