Earlier, on January 4 of the previous year, the Supreme Court, consisting of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra had recommended the formation of the two-judge panels in all high courts to ensure the implementation of orders related to pay, pension, and other retirement benefits for judicial officers in line with the Second National Judicial Pay Commission’s recommendations.
NEW DELHI: On Tuesday (21st Jan), the Supreme Court directed all high courts to expedite the formation of two-judge panels to address the grievances of district judicial officers regarding the implementation of the Second National Judicial Pay Commission (SNJPC) recommendations.
A bench consisting of Justices B R Gavai, Augustine George Masih, and K Vinod Chandran issued the order after senior advocate K Paremeshwar, who is assisting the court as amicus curiae, pointed out that many high courts had yet to establish the Committees for Service Conditions of the District Judiciary (CSCDJ) as previously directed.
Earlier, on January 4 of the previous year, the Supreme Court, consisting of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra had recommended the formation of the two-judge panels in all high courts to ensure the implementation of orders related to pay, pension, and other retirement benefits for judicial officers in line with the Second National Judicial Pay Commission’s recommendations.
The bench mentioned, “judges should be appropriately compensated to ensure that they could lead a life with financial dignity that also safeguarded their judicial independence.”
The court also made it clear that judicial service should not be viewed the same as the service of other state officers. This is because judicial officers have distinct roles, duties, and restrictions.
The court said, “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.”
Formation of the Committee for District Judiciary
In response to these concerns, the SC has ordered the establishment of a new committee in every High Court, called the “Committee for Service Conditions of the District Judiciary.” This committee will be responsible for overseeing the implementation of the SNJPC’s recommendations related to the pay, pension, and allowances of district judiciary officers.
Composition of the Committee
The committee will consist of:
- Two judges of the High Court, nominated by the Chief Justice. One of these judges should have experience in the district judiciary.
- The Law Secretary or Legal Remembrancer, the Registrar General of the High Court (who will also serve as the ex-officio Secretary of the Committee), and a retired judicial officer with the rank of District Judge, also nominated by the Chief Justice, will act as a nodal officer to handle day-to-day grievance redressals.
- The senior-most judge nominated by the Chief Justice will be the chairperson of the committee. The chairperson can also invite state government officers from various departments such as home, finance, health, personnel, and public works, depending on the matters under discussion.
In cases where financial matters are involved, the committee may also include the accountant general to ensure the proper implementation of SNJPC’s recommendations.
Functions of the Committee
The committee’s main responsibilities will include:
- Ensuring the proper implementation of the SNJPC’s recommendations related to pay, pension, and allowances.
- Acting as the central agency for resolving the grievances of judicial officers.
- Developing a system to record and archive complaints about the pay, pension, and service conditions of district judiciary officers.
- Ensuring that hospitals with the necessary standards are empanelled in consultation with the state government’s health department for the benefit of judicial officers.
In addition to the above tasks, the SC directed that all arrears related to salary, pension, and allowances due to judicial officers, retired officers, and family pensioners should be calculated and paid by February 29, 2024. The High Court committees are responsible for monitoring this process. Each committee must submit its progress report to the Supreme Court through the registrar general of the High Court by April 7, 2024.
Case Title : All India Judicial Association v Union of India W.P.(C) No. 643/2015
