Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

Centre rejects CJI’s recommendation, SC Employees Association proceeds to Supreme Court

2 min read

Nishka Srinivas Veluvali

Published On: February 11, 2022 at 18:50 IST

The Supreme Court issued a notice on the Petition filed by the Supreme Court Employees Welfare Association opposing the Union Government’s dismissal of the recommendation made by the Chief Justice of India for the “Court Allowance” to the employees of the Supreme Court.

The Bench consisting of Justice DY Chandrachud and Justice Surya Kant demanded response from the Central Government to the Petition which claimed that the letter from the Ministry of Law and Justice of September 25, 2020 informing their rejection to the CJI’s recommendation, was violating the Article 14 and the Article 146 of the Indian Constitution.

The Petition filed by Advocate K Parameshwar stated that the Petitioners in January 2015 had sought the Chief Justice of India to grant them the allowance similar to that of Parliamentary allowance for strenuous and urgent work that is involved in the Supreme Court.

In order to consider the Petitioner’s request, a committee of Officers and one of the Judges were appointed and subsequently, the Committee informed them that the allowance would be granted in April, 2017.

Upon back-to-back follow up with the Chief Justice of India, the grant was approved and sought an approval from the President as per the Article 146 (2) of the Indian Constitution.

However, the Ministry in September, 2020 the proposal was rejected through a letter without submitting any reasons and not placing the proposal before the President.

Hence, the Petitioner Association moved to the Supreme Court argued that the “refusal grossly undermined the Judiciary’s independence”.

The Article 146 (2) of the Indian Constitution does not give power to the Ministry to quash the approval even without placing it before the President of India.

The Petition further on stated that the “Constitutional scheme” of separation of powers, the Judiciary has its own freedom with reference to the employees.

The Petition continued, With respect, it is stated that the administration of justice will come to a grinding halt without the continuous and arduous work of the employees of the Hon’ble Court”.

Thus, the Petition prayed that the rejection letter of the Union Government should be set aside and the CJI’s recommendation should be approved.

The Petitioner also requested an Order to direct the Centre to pay the allowance from January 2016.