Deputy Chief Justice Kalpana Rawal has moved to block her retirement, saying the decision violates her constitutional rights.
Justice Rawal, through Oraro and Company Advocates, wants the notice issued to her and the subsequent advertisement for the post to be withdrawn as the issue on the retirement age of judges was the subject of a court case.
The Judicial Service Commission (JSC) served Justice Rawal with the notice to retire on September 1 and advertised the position in local newspapers on September 6.
In a letter dated September 10, Justice Rawal said: “The issue of the retirement age for the Puisne judges who were serving as at the date of the promulgation of the 2010 constitution has been the subject of debate.”
“By letter dated May 24, 2011, the JSC informed all Puisne judges that by virtue of Section 31(1) of the Sixth Schedule of the constitution, the tenure of the judges who had served under the old constitution their retirement age would be maintained at 74 years,’ the letter further stated.
Faced with a possible constitutional crisis over judges' retirement age, the JSC last week stopped all judges who have attained the age of 70 from presiding over any case.
The JSC also issued the notice to the deputy CJ, who is expected to retire next year when she attains the age of 70.
The commission said it decided to advertise her position to enable the Judiciary to fill up the post immediately after she retires.
A puisne judge is a regular member of a superior court other than the court's chief judge.