Supreme Court Directs High Courts to Establish Committees for Judicial Pay and Service Conditions within 4 weeks
Kiran Raj
The Supreme Court of India directed all high courts to expedite the establishment of two-judge committees to address the grievances of district judicial officers regarding pay, pension, and allowances as recommended by the Second National Judicial Pay Commission (SNJPC).
The directive was issued in a public interest litigation (PIL) initiated by the All India Judicial Association. The petition sought the implementation of the recommendations of the SNJPC, which had proposed revisions in the pay, pension, and other retirement benefits of judicial officers.
The bench, comprising Justice B.R. Gavai, Justice Augustine George Masih, and Justice K. Vinod Chandran, heard submissions from senior advocate K. Parameshwar, appointed as amicus curiae to assist the court. The amicus curiae informed the court that several high courts had not yet established the Committees for Service Conditions of the District Judiciary (CSCDJ), despite prior directions issued on January 4, 2023, by a bench led by Chief Justice of India (CJI) D.Y. Chandrachud.
In its earlier orders, the Supreme Court had stated the need for judicial officers to lead lives of financial dignity, distinct from state officers, given their unique roles, responsibilities, and restrictions. The court stated: “Judicial service should not be equated with the service of other state officers, given the distinct functions, duties, restrictions, and restraints applicable to members of the judicial service.”
The court also expressed concern over delays in the payment of arrears related to salary, pension, and allowances of judicial officers, retired officers, and family pensioners.
The bench held the importance of ensuring timely implementation of the SNJPC’s recommendations. It recorded: “Judges should be appropriately compensated to ensure that they could lead a life with financial dignity that also safeguarded their judicial independence.”
The court observed that the financial independence of judicial officers directly impacts the integrity and efficiency of the judiciary. It further noted that judicial officers should be insulated from financial difficulties to ensure their impartiality and independence in discharging judicial functions.
The Supreme Court directed all high courts to establish a new committee, called the Committee for Service Conditions of the District Judiciary (CSCDJ). The following directives were issued:
- Composition of the Committee:
- The committee will consist of two judges nominated by the Chief Justice of the High Court, with one having prior experience in the district judiciary.
- The Law Secretary or Legal Remembrancer, the Registrar General of the High Court (as ex-officio Secretary), and a retired judicial officer of District Judge rank, also nominated by the Chief Justice, will act as the nodal officer.
- The senior-most judge will chair the committee.
- Functions of the Committee:
- Oversee the implementation of the SNJPC recommendations related to pay, pension, and allowances.
- Act as a grievance redressal mechanism for judicial officers.
- Develop a system to record and address complaints about service conditions.
- Ensure empanelment of hospitals with adequate standards for judicial officers in consultation with the state government.
- Payment of Arrears:
- The court directed that all arrears related to pay, pension, and allowances must be calculated and disbursed to judicial officers, retired officers, and family pensioners by February 29, 2024.
- Reporting and Monitoring:
- High Court committees must submit progress reports to the Supreme Court by April 7, 2024, through the registrar general.
- The committees were directed to coordinate with state governments to ensure timely disbursement of dues.
Case Title: All India Judicial Association v. Union of India
Case Number: W.P.(C) No. 643/2015
Bench: Justice B.R. Gavai, Justice Augustine George Masih, Justice K. Vinod Chandran
[Read/Download order]
