Supreme Court - Daily Orders
All India Judges Association vs Union Of India . on 23 November, 2023
1
ITEM NO.1+2 COURT NO.1 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s).643/2015
ALL INDIA JUDGES ASSOCIATION Petitioner(s)
VERSUS
UNION OF INDIA . & ORS. Respondent(s)
(WITH IA No. 2/2017 - AMENDMENT IN CAUSE TITLE, IA No. 96520/2020 -
APPLICATION FOR PERMISSION, IA No. 70316/2020 - APPLICATION FOR
PERMISSION, IA No. 168154/2022 - APPROPRIATE ORDERS/DIRECTIONS, IA
No. 74821/2022 - APPROPRIATE ORDERS/DIRECTIONS, IA No. 205948/2022
- APPROPRIATE ORDERS/DIRECTIONS, IA No. 195313/2022 - APPROPRIATE
ORDERS/DIRECTIONS, IA No. 66487/2021 - APPROPRIATE
ORDERS/DIRECTIONS, IA No. 88733/2020 – CLARIFICATION/DIRECTION, IA
No. 70323/2020 – CLARIFICATION/DIRECTION, IA No. 68481/2020 –
CLARIFICATION/DIRECTION, IA No. 100172/2020 –
CLARIFICATION/DIRECTION, IA No. 50728/2020 - EXEMPTION FROM FILING
AFFIDAVIT, IA No. 66488/2021 - EXEMPTION FROM FILING O.T., IA No.
168155/2022 - EXEMPTION FROM FILING O.T., IA No. 119382/2023 -
EXTENSION OF TIME, IA No. 90290/2023 - EXTENSION OF TIME, IA No.
50727/2020 - EXTENSION OF TIME, IA No. 14761/2023 - EXTENSION OF
TIME, IA No. 185903/2022 - EXTENSION OF TIME, IA No. 181545/2022 -
EXTENSION OF TIME, IA No. 121923/2023 - EXTENSION OF TIME, IA No.
68480/2020 - INTERVENTION APPLICATION, IA No. 100166/2020 -
INTERVENTION APPLICATION, IA No. 87335/2020 - INTERVENTION
APPLICATION, IA No. 70318/2020 - INTERVENTION APPLICATION, IA No.
74820/2022 – INTERVENTION/IMPLEADMENT, IA No. 18284/2020 –
INTERVENTION/IMPLEADMENT, IA No. 10040/2022 –
INTERVENTION/IMPLEADMENT, IA No. 169826/2019 –
INTERVENTION/IMPLEADMENT, IA No. 109809/2021 –
INTERVENTION/IMPLEADMENT, IA No. 165066/2019 -
INTERVENTION/IMPLEADMENT)
WITH
SLP(C) No. 6471-6473/2020 (IV-A)
(FOR ADMISSION and I.R.)
CONMT.PET.(C) No. 711/2022 in W.P.(C) No. 643/2015 (X)
CONMT.PET.(C) No. 37/2023 in W.P.(C) No. 643/2015 (X)
(FOR ADMISSION)
Signature Not Verified
Digitally signed by
Sanjay Kumar
Date: 2023.11.24
CONMT.PET.(C) No. 38/2023 in W.P.(C) No. 643/2015 (X)
12:21:31 IST
Reason:
(FOR ADMISSION)
CONMT.PET.(C) No. 39/2023 in W.P.(C) No. 643/2015 (X)
(FOR ADMISSION)
2
CONMT.PET.(C) No. 40/2023 in W.P.(C) No. 643/2015 (X)
(FOR ADMISSION)
CONMT.PET.(C) No. 36/2023 in W.P.(C) No. 643/2015 (X)
(FOR ADMISSION)
CONMT.PET.(C) No. 848/2023 in W.P.(C) No. 643/2015 (X)
(FOR ADMISSION)
SLP (C) No(s).29232/2018
(WITH IA No. 138436/2021 – CLARIFICATION/DIRECTION, IA No.
138438/2021 - EXEMPTION FROM FILING O.T., IA No. 144232/2018 -
EXEMPTION FROM FILING O.T., IA No. 146956/2021 - EXEMPTION FROM
FILING O.T., IA No. 144234/2018 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES, IA No. 146955/2021 - VACATING STAY)
Date : 23-11-2023 These matters were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE MANOJ MISRA
Mr. K. Parameshwar, AOR (Amicus Curiae)
Ms. Arti Gupta, Adv.
Ms. Kanti, Adv.
Mr. M. V. Mukunda, Adv.
For Petitioner(s) Mr. Gourab Banerjee, Sr. Adv.
Ms. Mayuri Raghuvanshi, AOR
Mr. Vyom Raghuvanshi, Adv.
Ms. Akanksha Rathore, Adv.
Mr. Dhruv Sharma, Adv.
Mr. Vp Singh, Adv.
Mr. Venkata Supreeth, Adv.
Mr. Subhro, Adv.
Mr. Shubro, Adv.
Mr. Deepak Prakash, AOR
Mr. V. N. Raghupathy, AOR
Dr. Manish Singhvi, Sr. Adv.
Ms. Shubhangi Agarwal, Adv.
Mr. Milind Kumar, AOR
For Respondent(s) Mr. Rajshekhar Rao, Sr. Adv.
Ms. Kavita Jha, AOR
Mr. Aditeya Bali, Adv.
Mr. Areeb Amanullah, Adv.
Ms. Vishakha Gupta, Adv.
3
Ms. Preetika Dwivedi, AOR
Mr. Abhisek Mohanty, Adv.
Mr. Kunal Chatterji, AOR
Ms. Maitrayee Banerjee, Adv.
Mr. Rohit Bansal, Adv.
Ms. Kshitij Singh, Adv.
Mr. Sohhom Sau, Adv.
Mr. Mahesh Thakur, AOR
Mr. Mohd Akhil, Adv.
Mrs. Swarupama Chaturvedi, Adv.
Mr. Rajan Kuamr Chourasia, Adv.
Mr. Chitvan Singhal, Adv.
Ms. Sonali Jain, Adv.
Mr. Abhieshek Kumar Pandey, Adv.
Mr. Raman Yadav, Adv.
Mr. Kartikay Aggarwal, Adv.
Mr. Arvind Kumar Sharma, AOR
Mr. Gagan Gupta, AOR
Mr. Sudhanshu S. Choudhari, AOR
Mr. Sandeep Sudhakar Deshmukh, AOR
Mr. Nishant Sharma, Adv.
Mr. Swapnil Anil Walde, Adv.
Mr. Apoorv Kurup, AOR
Mr. P. I. Jose, AOR
Mr. Maibam Nabaghanashyam Singh, AOR
Mr. Naresh K. Sharma, AOR
Mr. Amit Sharma, Adv.
Mr. Gaurav Sharma, Adv.
Mr. Sanjai Kumar Pathak, AOR
Mr. Arvind Kumar Tripathi, Adv.
Mrs. Shashi Pathak, Adv.
Mr. Nikhil Goel, AOR
Ms. Naveen Goel, Adv.
Mr. Adithya Koshy Roy, Adv.
Ms. Pragati Neekhra, AOR
Mr. Aniket Patel, Adv.
Mr. Anupam Raina, AOR
4
Mr. Sunando Raha, Adv.
Ms. Osheen Bhat, Adv.
Mr. Krishnanand Pandeya, AOR
Mr. Raghavendra S. Srivatsa, AOR
Mr. A. Hariprasad, Sr. Adv.
Mr. T. G. Narayanan Nair, AOR
Ms. Swathi H Prasad, Adv.
Mr. A. Radhakrishnan, AOR
Mr. Arjun Garg, AOR
Mr. Aakash Nandolia, Adv.
Ms. Sagun Srivastava, Adv.
Mr. Niranjan Sahu, AOR
Mr. Sibo Sankar Mishra, AOR
Mr. Ashok Mathur, AOR
Mr. Mukul Kumar, AOR
Ms. Enakshi Mukhopadhyay Siddhanta, AOR
Mr. Sovon Siddhanta, Adv.
Mr. Mukesh K. Giri, AOR
Mr. Mandaar Mukesh Giri, Adv.
Ms. Mohini Giri, Adv.
Mr. Santosh Krishnan, AOR
Ms. Deepshikha Sansanwal, Adv.
Mr. Shuvodeep Roy, AOR
Mr. Deepayan Dutta, Adv.
Mr. Saurabh Tripathi, Adv.
Mr. Manish Kumar, AOR
Mr. Ravi Shanker Jha, Adv.
Mr. S. C. Verma, Sr. Adv.
Mr. Sumeer Sodhi, AOR
Ms. Prachi Mishra, A.A.G.
Mr. Dipesh Singhal, Adv.
Ms. Rebecca Mishra, Adv.
Mr. Dhruv Wadhwa, Adv.
Ms. Sujata Kurdukar, AOR
Ms. Deepanwita Priyanka, AOR
Mr. B.K. Satija, A.A.G.
Dr. Hemant Gupta, A.A.G.
5
Mr. Samar Vijay Singh, AOR
Ms. Payal Gupta, Adv.
Mr. Shivang Jain, Adv.
Ms. Nitikaa Guptha, Adv.
Ms. Monica Anand Kumar, Adv.
Ms. Rashika Kapoor, Adv.
Mr. Varun Prasad, Adv.
Mr. Keshav Mittal, Adv.
Ms. Sabarni Som, Adv.
Mr. S. Gowthaman, AOR
Mr. Ravi Bakshi, Adv.
Mr. Sandeep Rana, Adv.
Mr. V.puneedhan, Adv.
Mr. Rushab Aggarwal, Adv.
Mr. Pashupathi Nath Razdan, AOR
Ms. Maitreyee Jagat Jioshi, Adv.
Ms. Riddhima J Aggarwal, Adv.
Mr. Astik Gupta, Adv.
Mr. Japnish Singh Bhatia, Adv.
Mr. Aashish Chojar, Adv.
Ms. Alka Chojar, Adv.
Mr. Barun Kumar Sinha, A.A.G.
Mr. Rajiv Shankar Dvivedi, Adv.
Mr. Anando Mukherjee, AOR
Mr. Shwetank Singh, Adv.
Mr. V. N. Raghupathy, AOR
Mr. Manendra Pal Gupta, Adv.
Mr. Md. Apzal Ansari, Adv.
Mr. Varun Varma, Adv.
Mr. Nishe Rajen Shonker, AOR
Mrs. Anu K Joy, Adv.
Mr. Alim Anvar, Adv.
Mr. Abraham Mathew, Adv.
Mr. Saurabh Mishra, A.A.G.
Mr. Sunny Choudhary, AOR
Ms. Samridhi S. Jain, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
Ms. Yamini Singh, Adv.
Ms. Raavi Sharma, Adv.
Mr. Lenin Singh Hijam, Adv.
6
Mr. Pukhrambam Ramesh Kumar, AOR
Mr. Karun Sharma, Adv.
Ms. Rajkumaridivyasana, Adv.
Mr. Avijit Mani Tripathi, AOR
Mr. Nirnimesh Dube, AOR
Ms. K. Enatoli Sema, AOR
Ms. Limayinla Jamir, Adv.
Mr. Amit Kumar Singh, Adv.
Ms. Chubalemla Chang, Adv.
Mr. Prang Newmai, Adv.
Mr. Shibashish Misra, AOR
Mr. Gurminder Singh, Adv Gen Punjab
Mr. Karan Sharma, Adv.
Mr. Ajay Pal, AOR
Dr. Manish Singhvi, Sr. Adv.
Mr. Milind Kumar, AOR
Mr. Sameer Abhyankar, AOR
Ms. Vani Vandana Chhetri, Adv.
Ms. Nishi Sangtani, Adv.
Mr. Naman Jain, Adv.
Ms. Zinnea Mehta, Adv.
Mr. Amit Anand Tiwari, A.A.G.
Mr. Sabarish Subramanian, AOR
Ms. Devyani Gupta, Adv.
Mr. Vishnu Unnikrishnan, Adv.
Mr. C Kranthi Kumar, Adv.
Mr. Naman Dwivedi, Adv.
Mr. Danish Saifi, Adv.
Ms. Tanvi Anand, Adv.
Mr. Sri Harsha Peechara, Adv.
Mr. Duvvuri Subrahmanya Bhanu, Adv.
Ms. Pallavi, Adv.
Ms. Kriti Sinha, Adv.
Mr. Akshat Kulshrestha, Adv.
Mr. Rajiv Kumar Choudhry, AOR
Mr. Sanjay Kumar Tyagi, AOR
Mr. Sanjay Kumar, Adv.
Mr. Sunil Kumar Tomar, Adv.
Mr. Kameshwar Nath Mishra, Adv.
Mr. Sudarshan Singh Rawat, AOR
Mr. Kuldeep Parihar, D.A.G.
Mr. Ashutosh Kumar Sharma, Adv.
7
Ms. Saakshi Singh Rawat, Adv.
Mr. S Sunil, Adv.
Mr. Parijat Sinha, AOR
Ms. Madhumita Bhattacharjee, AOR
Ms. Urmila Kar Purkayastha, Adv.
Ms. Srija Choudhury, Adv.
Mr. Shreekant Neelappa Terdal, AOR
Mr. Mukesh Kumar Maroria, Adv.
Mr. Anmol Chandan, Adv.
Mr. Vatsal Joshi, Adv.
Mr. Annirudh Sharma-(ii), Adv.
Mr. Ishaan Sharma, Adv.
Mr. Kanu Agrawal, Adv.
Mr. Bhuvan Kapoor, Adv.
Ms. Indira Bhakar, Adv.
Mr. Mukesh Kr.verma, Adv.
Mr. Piyush Beriwal, Adv.
Mr. Gurmeet Singh Makker, AOR
Mr. Raj Bahadur Yadav, AOR
Mr. Amrish Kumar, AOR
Mr. Chirag M. Shroff, AOR
Mr. Aravindh S., AOR
Mr. Abbas, Adv.
Mr. V. Chitambaresh, Sr. Adv.
Mr. Karthik S.D., AOR
Mr. C. Govind Venugopal, Adv.
Mrs. Anjani Aiyagari, AOR
Mr. Rakesh Kumar, Adv.
Mr. K. Sudhakar Reddy, Adv.
Mr. Aditya Pandey, Adv.
Mr. Sandeep Kaushik, Adv.
Mr. Ankur Kashyap, AOR
Mr. Deepak Prakash, AOR
Mr. Pawan Kr. Dabas, Adv.
Mr. Kamal Singh Bisht, Adv.
Mr. Raneev Dahiya, Adv.
Mr. Nachiketa Vajpayee, Adv.
Ms. Divyangna Malik, Adv.
Ms. J. Merlyn Rachel, Adv.
Ms. Vishnu Priya, Adv.
Mr. Shyam Nair, Adv.
Mr. Vardaan Kapoor, Adv.
8
Mr. Rahul Lakhera, Adv.
Mr. Aviral Saxena, AOR
Mr. Gopal Jha, AOR
Mr. Joydip Roy, Adv.
Mr. Umesh Kumar Yadav, Adv.
Mr. Gautam Narayan, AOR
Ms. Asmita Singh, Adv.
Mr. Harshit Goel, Adv.
Mr. Sujay Jain, Adv.
Mr. Ahantham Henry, Adv.
Mr. Ahantham Rohen Singh, Adv.
Mr. Mohan Singh, Adv.
Mr. Kumar Mihir, AOR
Mr. Uday B. Dube, AOR
Mr. T. V. Ratnam, AOR
Mr. Sanjay Parikh, Sr. Adv.
Mr. Pukhrambam Ramesh Kumar, AOR
Mr. Karun Sharma, Adv.
Ms. Rajkumaridivyasana, Adv.
Mr. Shivansh Saxena, Adv.
Mr. Gopal Jha, AOR
Mr. Veer Vikrant Singh, Adv.
Mr. Umesh Kumar Yadav, Adv.
Mr. Anish R Shah, Adv.
Mr. T.V. Ratnam, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Compliance on behalf of States/UTs 1 On 19 May 2023, directions were issued by this Court stipulating that:
(i) Compliance affidavits of all States and Union Territories for the payment of the arrears of pay to all judicial officers be filed by 30 July 2023 stating that the arrears of pay have been positively credited into the accounts of the concerned officers; and 9
(ii) The revised rates of pension approved by the Court shall be payable from 1 July 2023 and the arrears of pension, additional pension, gratuity and other retiral benefits shall be paid in instalments – 25% by 31 August 2023, 25% by 31 October 2023 and the remaining 50% by 31 December 2023.
2 Mr K Parameshwar, amicus curiae, has placed on the record a tabulated statement indicating the status of compliance by the States and Union Territories on the above directions of this Court. 3 For convenience of reference, the tabulated statement is set out below:
“STATUS OF COMPLIANCE BY STATES TO THE JUDGMENT DATED 19.05.2023 SL. State Revised Pay Arrears of Pay Revised Arrears of (Recommendat (Recommendation Pension Pension ion No. 44 and No. 44.13 and (Recommendat (Direction in Direction in Direction in Para ion No. 39, 4, Para No. 114 Para No. 113 No. 113 of 21, 8, 9, 11 of Judgment of Judgment Judgment dated and Direction dated dated 19.05.2023) in Para No. 114 19.05.2023) 19.05.2023) of Judgment dated 19.05.2023)
1. Andhra Issued GOMs No. Arrears of pay have GOMs No. 89&90 Instructions Pradesh 58 dated been paid (Pg. 3). dated have been (10.08.2023 22.10.2022 01.11.2023 have issued for and revising the pay been issued preparation 17.11.2023) scales w.e.f. revising pension and 01.01.2016 (Pg. and gratuity (Pg. submission of
3). 7) bills for clearing payments.
Therefore, seeking extension (Pg. 7).
2. Arunachal Issued GO dated Arrears of pay have No response No response Pradesh 20.10.2022 been paid (Pg. 22) (09.08.2023) revising the pay scale w.e.f.
01.01.2016 (Pg.
24).
3. Assam Issued Arrears of pay have No response No response (31.07.2023) notification dt. been paid to Chief 12.12.2022 Judicial Magistrate.
revising the pay Further, finance have
scale (Pg. 42). been approved on
30.07.2023 for Judicial
Officers under the
District Judge
Establishment, MACT
Courts, Special Courts
10
etc.
For secretaries, DLSA-
Finance has not been
sanctioned yet (Pg.
43).
4. Bihar Issued For judges under some No response No response
(28.07.2023) Resolution dated districts, payments
28.09.2022 have been made. For
revising the pay few judicial officers in
scale (As per Buxar, Gaya,
Affidavit filed in Kishanganj, Nalanda,
compliance of Patna, Samastipur and
order dated West Champaran-
27.07.2022). payment is pending.
Also pending for some
officers under
Revenue and Land
Reforms Department
(Pg. 49).
5. Chhattisgarh Released Except 7, arrears of all Chhattisgarh No response
(29.-07.2023 notification dt. the judges have been Lower and
and 29.09.2022 paid (Pg. No. 57) Higher Judicial
15.09.2023) revising the pay Service (Pay
w.e.f. Revision, Pension
01.01.2016 (Pg. and other
No. 57) and Retirement
Chhattisgarh Benefit) Rules,
Lower and 2023 are framed
Higher Judicial (Pg. 64@66).
Service (Pay
Revision,
Pension and
other
Retirement
Benefit) Rules,
2023 are also
framed.
(Pg. 64 @66).
6. Goa No response Arrears have been paid. No response No response
(03.07.2023)
7. Gujarat First instalment is paid Vide Resolution No response
Subordinate (As per Affidavit filed dated
Judicial Services in compliance of order 21.09.2023,
Gujarat (Revision of Pay) dated 27.07.2022). pension has
(20.11.2023) Rules, 2022 been revised.
have been
notified revising
the pay.
8. Haryana Haryana Civil Direction has been No response No response
(27.07.2023) Service (Judicial issued for payment of
Branch) and the arrears of pay vide
Haryana Letter dated
Superior Judicial 02.06.2023 (Pg.
Service Revised 168).
Pay Rules, 2023
has been
notified revising
pay on
12.05.2023 (Pg.
151 @161).
9. Himachal No response No response No response No response
Pradesh
10. Jammu and No response No response No response No response
Kashmir
11. No response No response No response No response
Jharkhand
11
12. Karnataka Issued GO dated No response GO dated Will be paid
(04.09.2023) 29.10.2022 24.08.2023 has after
revising the pay been issued adjusting the
(Pg. 218). revising pension interim
(Pg. 219). amount paid
to officers
(Pg. 223).
13. Kerala Pay has been Arrears of pay have GOMs No. Majority of the
(01.11.2023) revised vide been paid (Pg. 229). 109/2023 dt. officers have
GOMS No. 16.07.2023 has been paid (Pg.
265/2022 dated been issued 223).
22.12.2022, revising pension
GOMs No. (Pg. 222).
1575/2023 dt.
14.06.2023 and
GOMS No.
1068/2023 dt.
24.04.2023 (Pg.
228).
14. Madhya Madhya Pradesh Arrears of pay have Rules also No response
Pradesh Judicial Services been paid to the 1647 includes revised
(28.08.2023) (Revision of Pay, judicial officers out of pension (Pg.
Pension and 1945 judicial officers 287 @328).
other (Pg. 287).
Retirement
Benefits) Rules,
2022 have
issued revising
the pay w.e.f.
01.01.2016 (Pg.
287 @328).
15. Maharashtra Issued Govt. 50% payment has No response No response
(01.07.2023) Resolution dated been made. Funds
27.09.2022 have been made
revising the pay. available by the State
(As per Affidavit Government for the
filed in rest 50% (Pg. 356).
compliance of
order dated
27.07.2022).
16. Manipur Proposal to Payment of arrears No response No response
(17.11.2023) revise pay has have been deferred
been approved due to lack of financial
by State on services (Pg. 360).
26.09.2023 (Pg.
359)
17. Meghalaya No response No response No response No response
18. Mizoram Govt. issued Arrears of pay have No response No response
(14.07.2023) Notification dt. been paid (Pg. 365).
21.09.2022 to pay
revised pay w.e.f.
01.01.2016 (Pg.
365).
19. Nagaland Notification dated Arrears of pay have Notification No response
(10.07.2023) 05.12.2022 is been paid (Pg. 370). dated
issued revising pay 05.12.2022 also
w.e.f. 01.01.2016 includes revision
(Pg. 370). of pension (Pg.
370).
20. No response No response No response No response
Odisha
21. Notification dated Arrears of pay have No response No response
Punjab 08.02.2023 has been paid.
(28.07.2023) been issue
revising the pay.
12
22. No response No response No response No response
Rajasthan
23. Sikkim Judicial Arrears of pay have Sikkim Judicial No response
Service been paid. Officers Pension
(Amendment) Rules, 2023 have
Rules, 2022 have been notified
Sikkim been notified revising the
(17.11.2023) revising the pay. pension.
(As per Affidavit
filed in compliance
of order dated
27.07.2022).
24. Tamil Nadu GOMs. 384 dt. Review Petition GOMs. 385 dt. No response
(10.08.2023) 20.07.2023 has (Diary No. 20.07.2023 has
been issued 8247/2023) is been issued
revising pay w.e.f. pending against the revising pension
01.01.2016 (Pg. order dt. for officers
382@385). 27.07.2022. retiring on or However, directions after have been issued to 01.01.2016 release arrears (Pg. (Pg. 393).
382).
25. Telangana Issued GO No. 111 No response GO 38 and 39 No response (09.08.2023 dt. 22.10.2022 for dt. 24.07.2023 and revision of pay (As has been issued 22.11.2023) per Affidavit filed revising pension in compliance of and gratuity order dated (Pg. 404@406 27.07.2022). and 409).
26. Tripura Pay has been Arrears of pay have Memo dated Directions (21.09.2023) revised by been paid (Pg. 414). 09.08.2023 and have been notification dt. 14.08.2023 issued for 30.09.2022 (As per have been payment of Affidavit filed in issued revising arrears (Pg.
compliance of pension (Pg. 415).
order dated 414@420 and
27.07.2022). 425).
27. Uttar Pradesh GO dated Arrears of 1505 Judicial Pension has No response
(31.10.2023) 30.06.2023 and Officers out of 2723 been revised
07.07.2023 have Judicial Officers have vide Office Memo
been issued been paid. Remaining dated
revising the pay 1218 officers are not 11.09.2023 (Pg.
(Pg. 432@438). paid for want of details 434@467).
(Pg. 433).
28. Uttarakhand No response No response Office Memo No response
dated
08.09.2023 has
been issued
revising pension
(Pg.
476@479).
29. West Bengal Revised Pay is Arrears hadditional Revised pension Steps have
(02.08.2023) being paid to the incrementave been w.e.f. been taken by
serving Judicial paid to broadly all the 01.07.2023 will the State
Officers (Pg. Judicial Officers (Pg. be implemented Government
493). 493). within August, for payment
2023 vide GOs of arrears of
dt. 31.07.2023 pension (Pg.
(Pg. 495).
494@500).
STATUS OF COMPLIANCE BY UNION TERRITORIES TO THE JUDGMENT DATED 19.05.2023 SL. UT Name Revised Pay Arrears of Pay Revised Pension Arrears of Pension Union of India Has granted sanction - Has granted -
(08.2023) to the UTs of J&K, sanction to the UTs
13
Delhi and Puducherry of J&K, Delhi and
on 08.08.2023. Puducherry on
Remaining UTs have 08.08.2023.
no cadres of their Remaining UTs
own (Pg. 525). have no cadres of
their own (Pg.
525).
1. Andaman and No response Arrears have been paid. No response No response
Nicobar Islands
2. Chandigarh No response No response No response No response
3. Dadra & Nagar No response No response No response No response
Haveli
4. Daman & Diu No response No response No response No response
5. Delhi Pay has been revised Arrears have been paid Under process (Pg. Arrears bill have
(09.10.2023) (Pg. 94 @131). except those who are on 95). been prepared
deputation (Pg. 95). and sent for
release of
payment (Pg.
95).
6. Lakshwadeep No response No response No response No response
7. Puducherry Pay has been revised Arrears have been paid GO dt. 21.07.2023 Action is being
(13.10.2023) as per GOMs No. to all Judicial Officers have been issued taken to disburse
21/2022 dated except 3 Judicial Officers for payment of the arrears of
10.10.2022 except who are on deputation revised pension pension (Pg.
the Officers on from the Tamil Nadu w.e.f. 01.07.203 177).”
deputation from the State Judicial Service (Pg. 176).
Tamil Nadu State (Pg. 177).
Judicial Service (Pg.
179).
4 Despite the peremptory directions of this Court, it is apparent that the above
States and Union Territories have not complied with the directions of this Court. Where arrears of pay have been paid, there has been no compliance in respect of pension. We, prima facie, are of the view that there has been a default and breach in compliance with the order of this Court warranting the initiation of contempt action against the State governments and Union Territories in default. However, in order to grant one last opportunity for compliance, we direct that compliance with the directions contained in the judgment dated 19 May 2023 shall be positively effected before 6 December 2023, failing which the Chief Secretaries of all the defaulting States or, as the case may be, the Union Territories shall remain personally present before this Court on the next date of listing, that is, 8 December 2023. In the event that compliance has been effected, compliance affidavits shall be filed on or before 6 December 2023 14 through the Standing Counsel. A copy each of the compliance affidavits shall also be forwarded to the amicus curiae who shall collate them in the form of a compilation.
5 We clarify that the direction for compliance before 6 December 2023 shall mean the actual crediting of the amounts payable to each judicial officer and, in the case of family pension to the surviving spouses, into their accounts. 6 A copy of the above order shall be served by the Registry forthwith on the Chief Secretaries of all the States and Union Territories as well as on the Standing Counsel for compliance.
7 List the proceedings on 8 December 2023.
Compliance on behalf of the High Courts 8 As regards the High Courts, three directions were issued by this Court, in its judgment dated 19 May 2023:
(i) The States/High Courts to take steps to re-designate the officers in conformity with the All India pattern;
(ii) The High Courts to revise norms regarding the grant of the first ACP of the Civil Judge (Junior Division) and if the delay in grant of ACP is beyond one year, one additional increment for every year of delay shall be granted;
and
(iii) The posts of District Judge (Selection Grade) shall be increased to 30% of the cadre strength as against the existing 25%, and the District Judge (Super Time Scale) shall be increased to 15% of the cadre strength as against the existing 10% with effect from 1 January 2020. 15 9 Mr K Parameshwar, amicus curiae, has placed on the record a tabulated statement indicating the status of compliance. While most of the High Courts have taken necessary steps, it appears that the State governments are in the process of completing the process of notifying the rules as proposed by the High Courts. In certain cases, the High Courts are yet to complete the compliance at their end.
10 Based on the outer limit of 31 January 2024, we issue the following directions:
(i) All High Courts shall ensure compliance with the directions contained in the judgment dated 19 May 2023, as noted above by 31 December 2023;
(ii) The High Courts shall, within the aforesaid time frame, communicate the proposed amendments to the rules to the State governments/UTs; and
(iii) The State governments/UTs shall notify the rules by 31 January 2024.
IA 193331 of 2023 11 The IA has been filed by the High Court of Delhi. 12 In the judgment of this Court dated 19 May 2023, there was a direction that the posts of District Judges (Selection Grade) shall be increased to 35% of the cadre strength as against the existing 25% and the posts of District Judges (Super Time Scale) shall be increased to 15% of the existing strength as against the existing 10% with effect from 1 January 2020.
13 Mr K Parameshwar, amicus curiae, and Mr Rajshekhar Rao, senior counsel appearing on behalf of the High Court of Delhi, have drawn attention to the 16 observations in the Minutes of 8 August 2023 of the Committee constituted by the Full Court of the High Court of Delhi. The Committee has observed thus:
“... As would be evident from the orders issued in connection with the creation of the aforenoted posts, the pay scale has clearly been prescribed. It is in that backdrop that the number of posts in the Selection Grade and Super Time Scale may exceed the number of posts otherwise worked out in terms of the judgment in All India Judges Association. However, since those posts already stand created and included in the overall cadre, there would be no justification to either reduce or downgrade those posts for the following reasons. We are of the considered view that the judgment in All India Judges Association did not intend to prescribe a maximum limit or cap when it entered the observations appearing in paragraphs 74 and 75. The clear intent of AII India Judges Association is to ensure that the benefit of Selection Grade and Super Time Scale actually reaches the maximum number of officers of the District Judiciary before they attain the age of superannuation and exit service. The intent of the directions embodied in that decision are clearly aimed at the extension of benefits as opposed to existing holders being deprived of the same...”
14 The Committee of the High Court has, with respect, correctly interpreted the frame of the directions issued by this Court on 19 May 2023. The object of the directions is not to impose a cap, but to ensure that at least a threshold for extension of benefits of the Selection Grade and Super Time Scale in the cadre of District Judges is given to prevent stagnation. The High Court is, therefore, permitted to take necessary steps accordingly by seeking the amendment of the Schedule appended to the Delhi Higher Judicial Service Rules 1970. 15 The IA is accordingly disposed of.
IA No 170936 of 2023 16 The High Court of Telangana has sought a clarification in respect of the age of 17 superannuation of judicial officers working in the State of Telangana so as to bring it in line with Section 3 (1A) of the Telangana Public Employment (Regulation of Age of Superannuation) Act 1984. 17 Mr Anish R Shah, counsel appearing on behalf of the High Court of Telangana, submits that since the State government has increased the age of retirement of government officials from 60 to 61 years, the High Court may be permitted to make suitable amendments to the Telangana Stage Judicial Service Rules. 18 Permission as sought by the High Court of Telangana is granted and the IA is made absolute in terms of prayer clause (I).
19 We clarify that the IA which has been moved by the High Court of Telangana is being allowed since the increase in the age of retirement would be beneficial to the judicial officers.
20 The IA is disposed of.
Recommendations of Second National Judicial Pay Commission 21 The Second National Judicial Pay Commission has, inter alia, made recommendations in Part II titled as ‘permanent mechanism’, on the need to set up a permanent mechanism for reviewing the pay scales and conditions of service of judicial officers, Part III which is titled ‘supplemental report’ and Part IV which deals with ‘work methods and work environment’. 22 The response of the High Courts, the State Governments and the Union of India on Parts II, III and IV would be necessary. We accordingly issue notice to the High 18 Courts, the State Governments and the Union of India, returnable on 19 January 2024.
23 The submissions which are sought to he made in respect of the above three parts of the report of the SNJPC shall be filed on or before 31 December 2023 in the electronic form with copies to Mr K Parameshwar, amicus curiae. 24 Service of notice shall be effected in addition on the Standing Counsel for the State Governments, the Central Agency and the Standing Counsel for the High Courts, where available.
25 Mr K Parameshwar, amicus curiae is permitted to circulate a questionnaire on continuing judicial education. The Registrars General of the High Court shall submit their responses to the questionnaire independently to the Amicus Curiae, which shall be duly tabulated.
Payment of Pension 26 The issue whether the payment of pension to judicial officers purely on the basis of Contributory Pension Scheme would be consistent with the norms of financial dignity and independence of judicial officers would merit consideration. 27 Notice has already been issued to all the State Governments/Union Territories and the Union of India.
28 Mr K Parameshwar, amicus curiae states that the responses have been filed and he would be preparing a tabulated statement indicating in brief the nature of responses.
29 The proceeding in respect of payment of pension shall be listed on 19 January 2024 at 2 pm for considering the above aspect, whereas the proceeding in 19 respect of allowances shall be listed on 29 November 2023. (SANJAY KUMAR-I) (SAROJ KUMARI GAUR) DEPUTY REGISTRAR ASSISTANT REGISTRAR