Pay Benefits To Non-Judicial Staff Of Subordinate Courts: SC Asks States To Explain Why Its Order Has Not Been Complied With

In the All India Judges Association v Union of India, which the Supreme Court has been monitoring since 1989, the question of extending pay-scale benefits to the non-judicial staff of subordinate courts  as recommended by the 6^th Pay Commission and endorsed by the First National Judicial Pay Commission (Shetty Commission) came up for hearing before the Supreme Court bench of the Chief Justice Dipak Misra, and Justices A.M.Khanwilkar and D.Y.Chandrachud on October 27.  After hearing Sanjay Parikh, counsel for the applicant who complained that most States have not yet extended the benefits, the bench directed the States to explain by December 1, why its previous order has not been complied with.

The Shetty Commission examined the payment of allowances, and improvement of service conditions of the non-judicial staff of the subordinate courts and reported about the steps to be taken in each State/UT for improvement of their service conditions, in 2003.  The Commission was set up by the Centre under the chairmanship of Justice K.Jagannatha Shetty.

The Supreme Court, while directing compliance by all States with the Shetty Commission recommendations, emphasized that the improvement in service conditions of the judicial staff is necessary for the administration of justice and rule of law, and accepted the Shetty Commission recommendations.  The Court held that these recommendations are reasonable and do not involve any financial burden.

The recommendations include special allowance of Rs 100 per month to each of the staff working in the records room; appointment to 50 per cent of the posts of process servers (personnel who give legal notice to a party requiring them to respond to a proceeding) be made by promotion of qualified group-D employees; and security guards and lift managers, who have no promotional benefits and peons who have inadequate promotional opportunities be given a higher pay scale if they have passed 8^th standard and put in a minimum service of 10 years.   The high courts were asked to identify such persons, who might be given such promotional scale of pay.

On July 15, 2008, the Court held that the decision to implement the recommendations by all States should be taken within a period of three months, and that they would be implemented with effect from April 1, 2003.

On March 16, 2015, the bench of Justices Fakkir Mohamed Ibrahim Kalifulla and Shiva Kirti Singh directed that such of those States other than the States of Andhra Pradesh, Karnataka, Assam, Punjab, Haryana and West Bengal, wherever the Shetty Commission has tabulated the financial estimate on the recommendations in the report, wherein any special allowance, medical allowance TA/special pay were directed to be given on monthly basis, such payment should be continued to be made with effect from April 1, 2003, and even after the coming into effect of the 6^th Pay Commission recommendations from January 1, 2006.  The other directions may be read here.