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2025 Supreme(SC) 851

SUPREME COURT OF INDIA
B.R. GAVAI, C.J.I., AUGUSTINE GEORGE MASIH, K. VINOD CHANDRAN, JJ.
All India Judges Association And Others – Appellants
Versus
Union Of India And Others – Respondents
I.A. No. 135045 of 2023 With I.A. Nos. 187237 And 187240 of 2024 in Writ Petition (C) No. 1022 Of 1989
With
In The Matter Of:
Sachin Kumar Gupta And Others - Applicants/Intervenors
Court Manager Welfare Association - Applicant/Intervenor
Writ Petition (C) No. 301 of 2024
Decided on : 16-05-2025

IMPORTANT POINT
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 High Courts in country shall frame or amend rules providing for recruitment and conditions of service of Court Managers, by taking Assam Rules of 2018 as model Rules – Such of Court Managers who are already working would be entitled to regularization from date of their initial appointment.

Headnote:

(A) Service Law – Service Benefits – Amelioration of service conditions of Court Managers – Applicant seeks recognition of Court Managers as Class I Gazetted Officers, regularization of those still on a contractual basis, and consideration of their past continuous service for pensionary and monetary benefits – Provisionally qualified Court Managers were necessary to render assistance to courts in performing court administration – Appointment of Court Managers in district judicial system would enable District Judges to devote more time to their judicial functions – Court Managers would also help in identifying weaknesses in court management systems and for rectifying the same, recommend appropriate steps under supervision of their respective judges – Supreme Court directed that services of any person already working as a Court Manager in any district should be regularised by State Government – This was necessary inasmuch as their assistance was needed for a proper administrative set up in a court – This Court recognised need for raising standard of infrastructure in court complexes – Idea of speedy and quality justice dispensation system could not be treated with a status quoist approach – As in other services, promotional avenues are necessary for employees who would be joining base post of Court Manager – Stagnation at one particular level would reduce the efficiency in functioning of such Court Managers – If promotional avenues are available, it will lead to better performance and efficiency of Court Managers – In alternative, High Courts and State Governments should also consider providing a scheme in rules for Assured Career Progression (ACP) to incentivise functioning of Court Managers. (Paras 32 and 34)

(B) Service Law – Service Benefits – Amelioration of service conditions of Court Managers – All High Courts in country shall frame or amend rules providing for recruitment and conditions of service of Court Managers, by taking Assam Rules of 2018 as model Rules, and submit it to State Government for approval within a period of 3 months from date of this judgment – High Courts and State Governments would be at liberty to make suitable modifications/changes so as to suit their peculiar needs – Upon receipt of rules framed or amendments thereof by High Courts, respective State Governments shall finalise and grant approval to same within a further period of 3 months – Minimum rank/class of such Court Managers should be of a Class-II Gazetted Officer for the purpose of basic pay, allowances and other service benefits – Such of Court Managers who are already working would be entitled to regularization from date of their initial appointment. (Para 44)

Facts of the case:

Instant matter involves a peculiar issue concerning situation of Court Managers, who were introduced by Thirteenth Finance Commission (2010-2015) to enhance efficiency of court management by providing administrative support to Judges resulting in improved case disposal.

Findings of Court:

Assam Rules of 2018 should be considered as the model rules when other High Courts frame their rules. High Courts and the State Governments can always make certain changes and modifications in order to take care of certain exigencies which may be peculiar to their particular High Court and the particular State.

Result : Writ Petition disposed of with directions.

Judgement Key Points

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 (!) .

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?


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 allowances as recommended by the Second National Judicial Pay Commission1[“SNJPC” for short.]. The applicant also seeks recognition of Court Managers as Class I Gazetted Officers, regularization of those still on a contractual basis, and consideration of their past continuous service for pensionary and monetary benefits. It further prays for the directions from this Court that would result in framing of uniform rules for career progression and promotions, along with the formulation of a structured duty roster outlining their roles, responsibilities, and delegated authority to ensure efficient judicial administration.

3. Another application being I.A. No. 135045 of 2023 has been filed by Sachin Kumar Gupta and others seeking intervention and directions to expedite the proceedings of LPA 1951 of 2019 pending adjudication before the High Court of Punjab and Haryana and to direct the Union of India to absorb/regularise the services of the intervenors for the post of Court Manager in the State of Punjab, Haryana and Union Territory of Chandigarh.

4. Lastly, one writ petition being W.P. (C) 301 of 2024 has been filed by Lokesh Kumar and another seeking similar reliefs as sought in I.A. No.187237 of 2024.

II. FACTUAL POSITION

a. Concept of “Court Managers” from the Report of FC-XIII

5. The concept of “Court Managers” was first proposed by the Thirteenth Finance Commission (2010-2015). The Thirteenth Finance Commission (FC-XIII) report recommended thus:

    "12.87 Creation of posts of court managers: Enhancing the efficiency of court management would result in improving case disposal. Providing support to judges for performing their administrative duties would allow them more time for their judicial functions. Adopting an innovative approach, the Department of Justice has proposed that professionally qualified Court Managers, with MBA degrees, be employed to assist judges. These Court Managers will also be useful in feeding the proposed National Arrears Grid that would be set up to monitor disposal of cases in all the courts. We support this innovation, the impact of which may be evaluated after 2015. The post of a Court Manager would be created in each judicial district to assist the Principal, District and Sessions judges in the administrative functioning of the courts. Similarly, posts of two Court Managers may be created for each High Court and one for each bench of the High Court. This is estimated to require Rs. 60 crore per year and works out to Rs. 300 crore for the period 2010-15. These amounts have been allocated to the states in proportion to the number of judicial districts in their jurisdiction."

6. It can thus be seen that the Thirteenth Finance Commission had recommended the creation of the post of Court Managers with the aim of providing assistance to ju

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