Shashwati Chowdhury
Published on: July 28, 2022 at 20: 27 IST
In terms of recommendations of the Second National Judicial Pay Commission’s (SNJPC) , the Supreme Court directed the implementation of an enhanced pay scale for judicial officers in subordinate judiciaries, to take effect on January 1, 2016.
The arrears must be paid in three instalments: 25% in cash within three months, the remaining 25% within another three months, and the final 50% by June 2023, according to a Bench led by Chief Justice of India NV Ramana.
The Supreme Court constituted the Second National Judicial Pay Commission in 2017 to review, among other things, the pay scale and service conditions of the subordinate judiciary.
The court observed that the second judicial pay commission’s recommendations covered a lot of aspects, but in its present order, its only dealt the matter of pay structure revision.
It was noted that 16 years had passed since there had been no pay revision for judicial officers following the implementation of the Padmanabhan Committee’s recommendations with effect from January 1, 2006. The seventh pay commission, in contrast, was implemented in 2016.
The court opined, “As a matter of fact, the scales of pay of government servants are raised in some states once in five years and once in 10 years in central government. Judicial officers are not covered by pay commissions constituted by the state and the Centre. Therefore, there is an imperative need to revise the pay structure immediately.”
The court observed that judicial officials will be brought under the pay structure as recommended by the SNJPC in the case of judicial officers who were given a revised pay structure by states based on state pay commission recommendations.
If the amount computed is less than what was paid to them, no recovery will be made. Their arrears would be calculated taking into consideration what they have previously received.
The All India Judges Association petitioned for the constitution of an All India Judicial Commission to review the service conditions of district court judges, and the petition resulted in the order.
The court had earlier directed the state governments and Union Territories to submit their objections to the recommendation of the Second National Judicial Pay Commission to the amicus curiae, K Parameshwar, after the Commission had submitted its report on the issue of pay, pension, and allowances as well as service conditions.