The Court directed State/UT governments to ensure regular salary payments to Judicial Officers at least according to current pay scales and urged the prompt adoption of new pay scales to prevent salary anomalies between Judicial Officers and supporting staff.

JUDGMENT :

1. The learned Additional Solicitor General informs us that the consent of the States/Union Territories may be required for enlargement of the terms of reference of the Shetty Commission to include the question of pay structure of the staff associated with the functioning of subordinate courts and, therefore, the response of the States/UTs has to be ascertained. We had given notice to the Advocate General of each State and he or some other counsel for the States is present. It is only the Advocate General/ counsel of some of the States who have expressed their reservation in this behalf or who require some more time for consideration. It is, therefore, appropriate that each Advocate General/counsel for the Slate/UT which has any reservation about this matter, i.e., enlargement of the terms of reference of the Shetty Commission should file the same in writing during the course of the day. In respect of the States/UTs on whose behalf no reservation/ objection is filed today by 4.30 p.m. with a copy to Mr. P. Parmeswaran, advocate on record for the Union of India, it will be assumed that the State/UT concerned has no objection to such enlargement of the terms of reference of the Shetty Commission. The learned Additional, Solicitor General may, therefore, proceed in this matter on the basis of the response so made by the end of the day. ,

2. Shri Nariman, learned amicus curiae has brought to our notice information conveyed to him that there is some practical difficulty which has arisen on account of the spale at which payment of salaries to the Judicial Officers has to be made in view of the recommendations of the Fifth Pay Commission and at some places it is also apprehended that till the final decision is taken by framing the new pay scales and adopting the same, payment-of salary to the Judicial Officers even according to the current pay scales may be deferred. We do hope that no such incongruous situation would be permitted by any of the State/UT Government. The learned Advocate General/counsel for the States/UTs would ensure that such a situation does not arise any place. However, with a view to ensure that even a single Judicial Officer in any State/UT does not suffer on account of any ambignity/vacillation in the mind of any concerned authority, we direct that every State/ UT Government will ensure regular payment to every Judicial Officer at least according to the current pay scales till the new pay scales are framed and adopted or any beneficial order is made as an interim measure by the Shetty Commission.

3. It is also important that the new pay scales are framed and adopted for the Judicial Officers in every State/UT as early as possible on account of the fact that revision of the pay scales of even the supporting staff pursuant to the recommendations of the Fifth Pay Commission has the result not un often of many members of the supporting staff drawing a higher salary according to their new pay scales than their superior Judicial Officers who may be drawing salary according to the current pay scale only. It is imperative that prompt action should be taker by all the concerned authorities to prevent any such anamalous situation..

4. The learned Additional Solicitor General as well as the Advocate General/counsel for the States/UTs assure us that the concerned governments would ensure prompt and full compliance of this order in letter and spirit immediately. The Registry is to send copy of this order to the Chief Secretary of each State/UT and also to Onion Law Secretary, Union Home Secretary and Union Finance Secretary.

5. List on 4th December, 1997.