1991 (11) TMI 265 - SC - Indian Laws

Supreme Court Directives Enhancing Judicial Officers' Conditions of Service Promote Efficiency

All India Judges' Association Versus Union of India and others

The Supreme Court issued comprehensive directions to enhance the conditions of service for judicial officers, emphasizing uniformity in judicial cadres, ... - Issues Involved:1. Establishment of an All India Judicial Service.2. Uniformity in judicial cadres.3. Enhanced uniform age of retirement.4. Uniform pay scales.5. Provision of residential accommodation.6. Transport facilities for judicial officers.7. Adequate perks and allowances.8. Provision for in-service training.Summary:I. Establishment of an All India Judicial Service:The plea for setting up an All India Judicial Service was not seriously pressed. The Law Commission in its 14th Report recommended the establishment of such a service to improve the personnel of the subordinate judiciary. The Supreme Court noted the merit in the recommendation and commended the Union of India to examine and implement the feasibility of this recommendation expeditiously.II. Uniformity in Judicial Cadres:The Law Commission suggested uniform designations for judicial officers. The Supreme Court directed that the State Judicial Service should be classified as District or Additional District Judge, Civil Judge (senior division), and Civil Judge (junior division) on the civil side, and on the criminal side, as Sessions Judge or Additional Sessions Judge, Chief Judicial Magistrate, and Magistrates. The Ministry of Law and Justice of the Union Government was tasked with monitoring this uniformity by March 31, 1993.III. Enhanced Uniform Age of Retirement:The Supreme Court directed that the age of retirement for judicial officers should be 60 years, considering the higher entry age and the nature of judicial work. Appropriate alterations in the Rules were to be made by December 31, 1992.IV. Uniform Pay Scales:The Supreme Court acknowledged the disparity in pay scales across different States and Union Territories and directed that the pay structure of judicial officers be reviewed by the respective Pay Commissions or Committees when set up.V. Adequate Perks and Allowances:The Supreme Court directed the provision of a residential office allowance of Rs. 250 per month for Civil Judges (junior and senior divisions) and Rs. 300 for higher category officers. It also mandated the provision of a small library for every judicial officer by June 30, 1992, and a sumptuary allowance of Rs. 300 per month for District Judges and Rs. 200 for Chief Judicial Magistrates, effective from April 1, 1992.VI. Provision of Residential Accommodation:The Supreme Court mandated that official residences be provided for every judicial officer to avoid undue obligations and ensure mental peace. Until government accommodation is available, the State should provide requisitioned accommodation, with the balance rent met by the State Exchequer. This directive was to be fully implemented by December 31, 1992.VII. Transport Facilities:The Supreme Court directed that every District Judge should be provided with a car by March 31, 1992, and Chief Judicial Magistrates by September 30, 1992. In stations with more than four judicial officers, a common transport vehicle should be provided by March 31, 1993. Judicial officers in smaller outlying courts should be provided loans for purchasing two-wheeler automobiles, with a monthly allowance of Rs. 200 for petrol.VIII. Provision for In-Service Training:The Supreme Court emphasized the need for in-service training and directed the establishment of an in-service institute at the Central and State or Union Territory level within one year.Conclusion:The Supreme Court provided comprehensive directions to improve the conditions of service for judicial officers, emphasizing the need for uniformity, appropriate retirement age, pay scales, residential accommodation, transport facilities, and in-service training, thereby ensuring the efficient functioning of the judiciary.