Judicial Officers' Pay : Supreme Court Directs States To Clear SNJPC Arrears By Feb 29; Asks HCs To Set Up Committees To Oversee

The Supreme Court has directed the State Governments to pay the arrears to judges in terms of the payscales enhanced as per the recommendations of the Second National Judicial Pay Commission (SNJPC) by February 29, 2024.

The judgment also contains directions to the High Courts to set up a Committee to oversee the implementation of the SNJPC recommendations. It will be known as the 'Committee for Service Conditions of the District Judiciary' (CSCDJ). The Committee would consist of two judges of the High Court, the Law Secretary of the State Government, and the Registrar General of the High Court. The nodal officer appointed would be a retired judicial officer and the committee shall be headed by the senior most judge as nominated by the Chief Justice.

The Committees will be required to submit their reports to the Supreme Court on implementing the disbursal of arrears through the High Court's registrar general on or before April 7, 2024.

In terms of medical facilities for the judicial officers, the Committee will also be at liberty to prescribe the benchmarks for empanelment of Hospitals. The Committee has to ensure that where treatment for special ailments is not available in certain districts, the treatment for those ailments may be availed in any other empanelled hospital.

The CJI verbally stated, “ The committees of the High Court, the CSCDJS as we call it, that shall ensure due empanelment in consultation with the secretary of the health department in each state….The devil is in the fine print because we are leaving it to the High Courts to monitor this implementation process. The CSCDJS shall also duly verify that the earlier orders of this court in regards to the payment of arrears of salary and pension have been duly implemented. ”

CJI stated that the judgment has accepted the recommendations made by the SNJPC. 

Justices JB Pardiwala and Manoj Misra were the other judges who were part of the bench. 

During the hearing, a lawyer highlighted the lack of proper treatment facilities in some of the hospitals in the State of Uttar Pradesh, due to which the judicial officers are unable to avail the cashless treatment facility.  Taking note of the same, the CJI directed the state government of Uttar Pradesh to follow the hospitals which are empanelled in the CGHS to ensure qualitative treatment to the judicial officers and their family members.

Additionally, Advocate K. Parmeshwar, the amicus curiae in the matter, was asked to prepare a note incorporating issues relating to the new pension scheme amongst other things. The Court will give follow-up directions for the same on January 19, 2024.

Background

In June 2022, the Supreme Court had directed the implementation of the enhanced pay scale as recommended by the Second National Judicial Pay Commission with effect from January 1, 2016. The bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli also directed the Centre and the States to pay the arrears to the officers in 3 instalments - 25% in 3 months, another 25% in next 3 months and balance by June 30, 2023. Revised directions on disbursal of arrears were passed by the Court in May 2023.

The Second National Judicial Pay Commission was constituted by the Apex Court in 2017 to review the pay scale and other conditions of Judicial Officers belonging to the district judiciary all over the country. The Bench comprising Justices J Chelameswar and Abdul Nazeer had appointed former Supreme Court Judge Justice PV Reddy as commission Chairman and former Kerala High Court Judge and Senior Supreme Court lawyer R.Basant as member.

Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015

Citation : 2024 LiveLaw (SC) 25

Click here to read the judgment