SUPREME COURT OF INDIA
N.V. Rmana, Krishna Murari, Hima Kohli
All India Judges Association - Petitioner
Versus
Union Of India . & Ors. - Respondents
Writ Petition(Civil) No.643/2015
Decided On : 27-07-2022
Judicial Pay Structure - Revision of Pay Structure - All India Judges’ Association vs. Union of India - 1992 Act 1, 1993 Act 4, 2002 Act 4, 2011 Act 12 - The court discussed the evolution of judicial pay structure, the recommendations of various judicial pay commissions, and the need for immediate implementation of revised pay structure for judicial officers.
Fact of the Case:
The case involved the revision of the pay structure for judicial officers, with a focus on the recommendations of the Second National Judicial Pay Commission (SNJPC) and the need for immediate implementation.
Finding of the Court:
The court found that the revision of the pay structure as recommended by SNJPC should be accepted and implemented with effect from 01.01.2016. It also directed the payment of arrears in stages and emphasized the need for compliance by the State Governments/Union Territories.
Issues: The main issue was the revision of the judicial pay structure and the application of the multiplier, as well as the effective date and arrears payment.
Ratio Decidendi: The court decided to accept the recommendations of SNJPC for the revision of the pay structure, with implementation from 01.01.2016, and directed the payment of arrears in stages. It also emphasized the need for compliance by the State Governments/Union Territories.
Final Decision: The court granted permission to withdraw one writ petition and directed the listing of other related matters. It also directed the filing of compliance affidavits by the State Governments/Union Territories and emphasized the need for immediate implementation of the revised pay structure.
ORDER :
1. In All India Judges’ Association vs. Union of India, (1992) 1 SCC 119, (All India Judges’ Association Case-I), this Court had issued a slew of directions, which included (i) the setting up of an All India Judicial Service; (ii) bringing about uniformity in the designation of officers; (iii) raising of the age of retirement to 60 years; (iv) provision of residential accommodation to judicial officers etc. One of the directions so issued, which is relevant for our present purpose, reads as follows:-
2. Petitions for reviewing the aforesaid Judgment were filed by the Union of India as well as by various States, objecting to certain specific directions contained therein. These review petitions were disposed of by this Court by an Order dated 24.08.1993 in All India Judges’ Association vs. Union of India, (1993) 4 SCC 288 , which came to be referred to as All India Judges’ Association Case-II. Though certain directions issued in All India Judges’ Association-I were modified in the judgment in All India Judges’ Association Case-II, the above direction contained in paragraph 63(iv) of the original judgment was not modified.
3. In All India Judges’ Association Case-II, the necessity to maintain parity in status between the Judges and the Political Executive, and not between the Judges and the Administrative Executive, was highlighted. It will be appropriate to quote the first part of paragraph 36 of the decision in All India Judges Association Case-II :
4. Moreover, this Court highlighted in All India Judges’ Association Case-II, the need to keep Judges above their essential wants, considering the distinct nature of Judges’ duties, the society’s expectations, the lifestyle of the Judge and the occupational hazards to which he is exposed.
5. Subsequently the Government of India constituted the First National Judicial Pay Commission (FNJPC) under the Chairmanship of Mr. Justice K.J. Shetty. As a consequence, the reference to the 5th Central Pay Commission, of the question of revision of pay scales of judicial officers was dropped.
6. The FNJPC submitted its Report on 11.11.1999 recommending adoption of what is known as ‘Master Pay Scales’ comprising of 44 stages. The Commission recommended fixed quantum increments with six incremental rates from Rs.250 to Rs.500, spanning over 44 specified stages.
7. By a judgment dated 21.03.2002 passed in All India Judges’ Association vs. Union of India, (2002) 4 SCC 247, (All India Judges’ Association Case-III), this Court recommended the implementation of the revised scales of pay with effect from 1.07.1996. However, it was directed that the judicial officers shall be paid salary in revised pay scales with effect from 1.07.2002 and the arrears of salary for the period from 1.07.1996 to 30.06.2002 was directed to be paid either in cash or by crediting the same into the provident fund accounts of the officers.
8. After the constitution of the 6th Central Pay Commission, the question of revision of the scales of pay of judicial officers came up once again before this Court in All India Judges’ Association vs. Union of India, (2011) 12 SCC 677, (All India Judges’ Association Case-IV). By an order dated 28.04.2009 this Cour
All India Judges’ Association vs. Union of India
All India Judges’ Association vs. Union of India
The main legal point established in the judgment is the acceptance and implementation of the revised pay structure recommended by SNJPC for judicial officers, with a focus on the effective date and a....
The court upheld the application of the multiplier of 2.81 and above and the adoption of the Pay Matrix Method by the SNJPC, emphasizing the importance of maintaining the mean pay percentages and ens....
(1) Judicial service is an integral and significant component of functions of State and contributes to constitutional obligation to sustain rule of law – Conditions of service while a Judge is in ser....
(1) A unified judiciary necessarily entails that service conditions of Judges of one State are equivalent to similar posts of judges of other States – Judiciary must possess inherent power to compel ....
Judicial Officers are entitled to the same increment dates as other government employees, and modifications that discriminate against them are unjustified.
Equal pay for equal work mandates uniform application of benefits across similarly situated employees, reinforcing that arbitrary denial of pay parity violates constitutional principles.
Similarly situated central tax inspectors/superintendents entitled to revised pay scales notionally from 01.01.1996, actual benefits from 21.04.2004, based on parity, Article 14, and precedents; dela....
Inspectors/Superintendents in Central Tax entitled to notional pay scale upgradation w.e.f. 01.01.1996 and actual benefits from 21.04.2004, based on parity, Article 14, and in rem precedents; delay n....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.