Judicial Officers' Allowances Enhanced With Supreme Court Accepting SNJPC Recommendations : Read Key Points

Recently, the Supreme Court has directed the state governments to pay the arrears to judges in terms of enhanced pay scales as per the recommendations of the Second National Judicial Pay Commission (SNJPC). Most of these recommendations have been accepted by the Top Court. These allowances have to be paid on or before February 29, 2024.

“All States and Union Territories shall now act in terms of the above directions expeditiously. Disbursements on account of arrears of salary, pension and allowances due and payable to judicial officers, retired judicial officers and family pensioners shall be computed and paid on or before 29 February 2024.,” ordered Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra.

While the Court dictated the judgment on January 04, the same got uploaded only recently. The judgment titled All India Judges Association v. UoI and Ors., extensively deals with the allowances granted to judicial officers and retired judicial officers by the SNJPC. This piece captures key highlights of these recommendations and allowances.

1. House Building Advance (HBA)

With respect to the HBA, the SNJPC has recommended that the same shall be available to judicial officers also for the purchase of a ready built house from private individuals subject to such safeguards as may be prescribed by the State Government in consultation with their respective High Courts. Pertinently, earlier the HBA could not be availed from private individuals.

2. Children Education Allowance (CEA)

As per the recommendations, the payment of the allowance will come on effect from academic year 2019-2020.The recommendations include Rs 2,250 per month as CEA and Rs 6,750 per month as hostel subsidy for two children up to Class 12. Further, for children with special needs, the reimbursement would be at double the rate stated.

3. Conveyance/Transport Allowance (TP)

As regards Conveyance/Transport Allowance, the key recommendations are:

a. To begin with, it has been recommended that the pool car service for various judicial officers, must be dispensed with;

b. Now, three more judicial functionaries would be eligible for official vehicles, namely, Director of the Judicial Academy/Judicial Training Institute, Principal Judge of the Family Courts and Secretary of the District Legal Services Authority. The High Courts were permitted to prune down the list depending upon the financial capacity of the State;

c. The judicial officers shall be permitted to exhibit a sticker at their option on the lower left side of the windscreen with inscription 'Judge' printed in moderately sized letters.

4. Higher Qualification Allowance

The SNJPC noted that for acquiring higher qualifications in law, specialized study of the subjects concerned is involved. Further, the acquisition of such qualifications in the nature of a post graduate or doctoral degree will improve the quality of work of a judicial officer.

The recommendations, inter-alia, included:

a. The Judicial Officers shall be granted three advance increments for acquiring higher qualification i.e. post- graduation in law and one more advance increment if he acquires Doctorate in Law.

b. However, it denied the benefit of advance increments at the ACP stage. Notably, the Court refused to accept this specific recommendation. The advance increments for acquiring higher qualifications shall also be made available to officers who have acquired their degrees through distance learning programmes., the Court stated.

5. Hill Area/Tough Location Allowance

In this regard, it was recommended:

a. Hill Area/Tough Location Allowance @Rs.5000/- per month shall be paid to the Judicial Officers posted in hill areas/tough locations.

b. More beneficial provision, if any, already applicable to the officials of the State/UT shall be extended to the Judicial officers.

6. Home Orderly/Domestic Help Allowance

Amongst other recommendations made under the captioned head, it included Home-cum-office orderly allowance. The same shall be available to the serving Judicial officers at the following rates:

a. District Judges: minimum wages for one unskilled worker in the concerned State/UT subject to minimum of Rs.10,000/- per month

b. Civil Judges : 60% of the minimum wages for one unskilled worker in the concerned State/UT subject to minimum of Rs.7,500/- per month.

7. House Rent Allowance and Residential Quarters

Inter-alia, it has been recommended that the State Governments should urgently take up construction of the residential quarters for the Judicial Officers and the progress of construction be monitored by the Court.

Further, the Judicial Officer is to be provided accommodation or requisitioned private accommodation within one month of taking charge of the post.

However, if the Judicial Officer is not provided with the government accommodation or requisitioned private accommodation within one month, then the Judicial Officer may secure private accommodation. They shall be paid rent as per the stipulated terms.

8. Medical Allowance

Apart from other medical facilities, there has been an increase in the fixed medical allowance to Rs 3,000 per month for serving judicial officers and to Rs 4,000 per month to pensioners and family pensioners with effect from 01.01.2016.

9. Risk Allowance

Notably, this allowance shall be made available to the Judicial Officers working in the States of Jammu & Kashmir and insurgency affected North East States at the same rate as is available to the Civilian Government officials working in those areas.

10. Special Pay for Administrative Work

The SNJPC noted that judicial officers in-charge of certain courts/tribunals have administrative responsibilities for which extra time outside the court working hours has to be spent. This is especially so in the case of Principal District and Sessions Judges or other District Judges having similar responsibilities.

Accordingly, Special Pay for Administrative Work has been recommended with effect from 01.01.2019. Payment in this regard will be in the following terms :

11. Transfer Grant

In this regard, it has been recommended that on transfer, the composite transfer grant shall be equivalent to one month's basic pay. However, if the transfer is to a place at a distance of 20 kilometres or less or within the same city (if it involves actual change of residence), the transfer grant shall be 1/3 rd of the basic pay. Other recommendations include:

Newspaper and Magazine allowance

Reimbursement for newspaper and magazines shall be Rs.1000/- for District Judges (two newspapers and two magazines) and Rs.700/- for Civil Judges (two newspapers and one magazine). The reimbursement shall be on half yearly basis from January to June and July to December, on the basis of self certification. The allowance at the above mentioned rates shall be available from 01.01.2020. More beneficial provision already in operation in any State shall continue.”

Robe Allowance

An allowance of Rs 12,000 will be payable once in three years with effect from 01.01.2016.  The demand for the robe allowance may not be raised before the next Commission.

Recommendations regarding telephone and mobile facility were also accepted.

At the end, it may be noted, that the Court has also directed the High Courts to constitute a committee named 'Committee for Service Conditions of the District Judiciary' to oversee the implementation.

Other reports about the judgment can be read here.

Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015., 2024 LiveLaw (SC) 25

Click here to download/ read the judgment