Back
B. R. GAVAI, AUGUSTINE GEORGE MASIH, K. VINOD CHANDRAN
All India Judges Association – Appellant
Versus
Union Of India – Respondent
How to frame or amend rules providing for recruitment and conditions of service of Court Managers across India? What is the minimum rank/class for Court Managers regarding basic pay, allowances, and other service benefits? What are the rights of Court Managers already working on a contractual or ad hoc basis regarding regularization and service continuity?
Key Points: - The Supreme Court directed all High Courts to frame or amend rules for Court Managers by taking the Assam Rules of 2018 as model rules within 3 months (!) (!) . - The minimum rank/class for Court Managers must be that of a Class-II Gazetted Officer for basic pay, allowances, and service benefits (!) (!) . - Court Managers already working are entitled to regularization from the date of their initial appointment, subject to passing a suitability test (!) (!) (!) . - Regularization grants continuity of service for terminal benefits but does not entitle holders to arrears of salary for the period before regularization (!) . - The State Governments must approve the rules framed by High Courts within a further period of 3 months (!) (!) . - The process of regularization must commence and be completed within 3 months from the date of State Government approval of the rules (!) . - Court Managers in District Courts shall work under the supervision of Registrars/Superintendents, while those in High Courts work under the Registrar General (!) . - Promotional avenues or an Assured Career Progression (ACP) scheme must be provided to prevent stagnation and ensure efficiency (!) (!) . - The duties and responsibilities of Court Managers must not overlap with those of the Registrars of the High Court or District Courts (!) . - The Registrar Generals of High Courts and Chief Secretaries of State Governments are personally responsible for adhering to the specified timelines (!) .
JUDGMENT :
B.R. GAVAI, CJI.
| INDEX |
| I. PREFACE |
| II. FACTUAL POSITION |
| a. Concept of “Court Managers” from the Report of FC-XIII |
| b. Letter by the Finance Ministry dated 20th September 2010 |
| c. Letter by Finance Ministry dated 10th July 2013 |
| d. Judgment of this Court in the present proceedings dated 2nd August 2018 |
| e. Report of the SNJPC dated 4th February, 2022 |
| f. Filing of the present IAs and the Writ Petition |
| III. SUBMISSIONS |
| IV. ISSUE FOR CONSIDERATION |
| V. ANALYSIS |
| VI. CONCLUSION |
I. PREFACE
1. This matter involves a peculiar issue concerning the situation of Court Managers, who were introduced by the Thirteenth Finance Commission (2010-2015) to enhance the efficiency of court management by providing administrative support to the judges resulting in improved case disposal.
2. One Court Manager Welfare Association has filed an application being I.A. No.187240 of 2024 seeking intervention. Further, I.A. No.187237 of 2024 has been filed by the applicant, inter alia seeking directions to bring uniformity and enhancement in the service conditions of Court Managers across India by granting them a higher pay scale with appropriate al
Amelioration of service conditions of Court Managers – Appointment of Court Managers in district judicial system would enable District Judges to devote more time to their judicial functions – All Hi....
The allocation of vacancies and creation of posts in the High Court Establishment are matters of policy within the powers of the Chief Justice and are not subject to judicial review unless they viola....
The court established that the recommendations of the Justice Shetty Commission are advisory and not binding, allowing states autonomy in implementing changes to service rules while respecting consti....
The Chief Justice has exclusive authority to set pay and service conditions for court employees under Article 229(2), and financial constraints cannot justify the refusal of approval for such determi....
Article 229 (2) of Constitution of India nowhere prescribes or indicates any particular form in which rule should be framed nor does it prescribe any formality required to be gone through.
Appointees for a limited purpose and on contract basis are not entitled to regularization.
The Chief Justice's recommendations for pay scales under Article 229 must be approved by the state unless there are strong reasons for refusal, emphasizing the principle of equal pay for equal work.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
