TaxTMI 
TaxTMI 
2001 (2) TMI 1023
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....h 31, 1993. (iii) Retirement age of judicial officers be raised to 60 years and appropriate steps are to be taken by December 31, 1992. (iv) As and when the pay commission/committees are set up in the States and Union territories, the question of appropriate pay scales of judicial officers be specifically referred and considered. (v) A working library at the residence of every judicial officer has to be provided by June 30, 1992. Provision for sumptuary allowance as stated has to be made. (vi) Residential accommodation to every judicial officer has to be provided and until State accommodation is available, government should provide requisitioned accommodation for them in the manner indicated by December 31, 1992. In providing residential accommodation, availability of an office room should be kept in view. (vii) Every District Judge and Chief Judicial Magistrate should have a State vehicle, judicial officers in sets of five should have a pool vehicle and others would be entitled to suitable loans to acquire two wheeler automobiles within different time limits as specified. (viii) In-service institute should be set up within one ....
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....they cast financial burden. Thirdly, compared to the other plan and non-plan expenditure, we find that the financial burden caused on account of the said directions is negligible. We should have thought that such plea was not raised to resist the discharge of the mandatory duties. The contention that the resources of all the States are not uniform, has also to be rejected for the same reasons. The directions prescribe the minimum necessary service conditions and facilities for the proper administration of justice. We believe that the quality of justice administered and the calibre of the persons appointed to administer it are not of different grades in different States. Such contentions are ill-suited to the issues involved in the present case. (v) The directions given in the main judgment dated 13-11-1991 were maintained except as regards the following: (a) para 52 (a), page 314: The legal practice for of 3 years should be made one of the essential qualifications for recruitment to the judical posts at the lowest rung in the judicial hierarchy. Further, wherever the recruitment of the judicial officers at the lowest rung is made through the public service c....
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....ill be entitled to pool-vehicles-one for every five Judges for transport from residence to Court and back and when needed, loans for two wheeler automobiles and conveyance allowance. The State Governments/Union territory administrations are directed to provided adequate quantity of free petrol for the vehicles, not exceeding 100 litres per month, in consultation with the High Court. (f) Para 52(f), page 316: In view of the establishment of the national judicial academy, it is optional for the States to have their independent or joint training judicial institutes. (g) Para 52(h), page 316: In view of the time taken to dispose of the review petitions, following orders were passed: (i) the time to comply with the direction for bringing about uniformity in hierarchy, designations and jurisdictions of judicial officers on both civil and criminal sides is extended upto March 31, 1994; (ii) the time to comply with the directions to provide law books and law journals to all Courts is extended upto December 31, 1993 failing which, the library allowance should be paid to every judicial officer with effect from January 1, 1994, if it is not paid alrea....
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....h effect from 1st January, 1996. This is relevant when considering the question as to with effect from which date the report of the Shetty Commission is to become effective. On 21st March, 1996, pursuant to the directions issued by this Court in the review judgment, the Government of India by a resolution constituted the first national judicial pay commission under the chairmanship of Mr. Justice K.J. Shetty. As per the said resolution, the following were the terms of reference: (a) To evolve the principles which should govern the structure of pay and other emoluments of judicial officers belonging to the subordinate judiciary all over the country. (b) To examine the present structure of emoluments and conditions of service of judicial officers in the States Union territories taking into account the total packet of benefits available to them and make suitable recommendations having regard, among other relevant factors, to the existing relativities in the pay structure between the officers belonging to subordinate judicial service vis-a-vis other civil servants. (c) To examine and recommend in respect of minimum qualifications, age of recruitment, metho....
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....ecommended that the procedure prescribed for writing the confidential reports by the self-assessment process was better and more transparent and should be adopted by the High Courts for judicial officers. (2) The commission recommended appropriate nomenclatures to be given to the judicial officers. The recommendation was that they should be called "Civil Judge" in place of "Civil Judge (Junior Division)" and "Senior Civil Judge" in place of "Civil Judge (Senior Division)". (3) It further gave recommendation with regard to equation of posts of the Chief Metropolitan Magistrate and Chief Judicial Magistrate. While it recommended that the Chief Judicial Magistrate should be in the cadre of Civil Judge (Senior Division), in respect of Chief Metropolitan Magistrate, it recommended that it should be placed in the carder of District Judge. According to the learned amicus curiae, the Chief Metropolitan Magistrate and Chief Judicial Magistrate must be in the same cadre equivalent to Civil Judge (Senior Division) and that it should be at par with each other. We shall deal with this aspect slightly later. (4) Recommendations were made with regard to recruitment t....
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....50-350-14550/- (ii) Civil Judges (Jr. Divn.) (I stage ACP scale) Rs. 10750-300-13150-350-14900/- (iii) Civil Judges (Sr. Divn.) Rs. 12850-300-13150-350-15950-400-17550/- (II stage ACP scale for Civil Judge (Jr. Divn.) (iv) Civil Judge (Sr. Divn.) (I stage ACP scale ) Rs. 14200-350-15950-400-18350/- (v) District Judges Entry Level (II stage ACP for Civil Judges (Sr. Divn.) Rs. 16750-400-19150-450-20500/- (vi) District Judges (selection grade) Rs. 18750-400-191950-450-21850-500-22850/- (vii) District Judges (super time scale ) Rs. 22850-500-24850/- In arriving at the aforesaid pay scales, the commission noted that while fixing the maximum of the master pay scale, it had been constrained by the vertical cap of the salaries of the High Court Judges. In other words, the District Judges could not get more salary than a High Court Judge whose salary was statutorily fixed. It, however, recommended that as and when the salary of a High Court Judge is raised, then the salary of the judicial officers should also be increased by maintaining the ratio which it had recommended. According to the commission, the pay scales r....
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....nother recommendation which was made was for the establishment of an All India Judicial Service. 9. Pursuant to the order which was passed by this Court requiring the response of the various States to be given to the Union of India, it was noted in this Court's order of 27th August, 2001 that six States, namely, those of West Bengal, Assam, Karnataka, Manipur, Kerala and Mizoram had accepted the recommendations of the Shetty Commission and had agreed to implement the same subject to the Union of India bearing 50 per cent of the expenditure as envisaged in the report. The States of Bihar and Jharkhand had also conveyed that they were accepting the Shetty Commission report subject to the Union of India bearing 50 per cent of the expenditure and the report being further modified and scaled down. Affidavits have also been filed by the States of Andhra Pradesh and Haryana with regard to the scales of pay accepted by them. 10. From the various affidavits which have been filed and the responses given in the Union of India, we find that none of the States has accepted the recommendation of the Shetty Commission with regard to the pay scales in toto. 11. Pursuant to an order da....
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....is clear that atleast eight of the States have accepted the recommendations of the Shetty Commission provided the Central Government bears 50 per cent of the expense. This means that in principle there is acceptance of the pay scales as determined by the Shetty Commission. 15. The Central Government, however, has evolved its own pay scales with regard to the subordinate and the higher judicial service in the Union territories, including the Union territory of Delhi. The pay scales which have now been approved by the Government of India had been formulated on the basis that there should be a parity between the Executive and the Judiciary. Mr. Nariman rightly contended that this basis is contrary to the decision of this Court in the All India Judges' Association case (supra) as well as in the review judgment. It was stated in no uncertain terms that the judiciary could not be equated with the Executive and it must have its own pay structure. 16. Even if we were to examine the two scales of pay, one for the I.A.S. officers after the fifth central pay commission report and the scales of pay recommended for the judicial service, we find that there is a fundamental error which ....
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....rs the selection grade of a District Judge after having put in 21 to 25 years of service. The pay scale recommended by the Shetty Commission is Rs. 18750-22850/-. This is less than the scale above ST scale recommended for an I.A.S. officer which is of Rs. 22,400-24,500/- even though an I.A.S. officer enters that scale after having put in 25 years of service which is at par with the number of years put in by a judicial officer on his entry into selection grade. It is only the District Judge (super time scale) as recommended by the Shetty Commission which is comparable with the last scale of an I.A.S. officer. 19. From the aforesaid, it is clear, and it is so mentioned in the Shetty Commission report, that the said commission has taken into consideration the recommendations of the fifth central pay commission while determining the pay scales for the judicial officers. In our opinion, the pay scales recommended by the Shetty Commission are just and reasonable. Considering the years of service put in by the judicial officers at different stages, the parity in the scales of pay recommended by the Shetty Commission for the judicial officers with the scales of pay of I.A.S. officers is....
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....t in connection with the administration of justice is a factor which is taken into consideration. The provision for devolution of funds from the Union to the States is either by assignment of taxes or distribution of taxes or by grants-in-aid. As and when the need arises, either the finance commission or the Union of India allocates more funds to the States. 22. It has not been disputed that at present the entire expense on the administration of justice in the States is incurred by the respective States. It is their responsibility and they discharge the same. Logically, if there is to be any increase in the expenditure on judiciary, then it would be for the States to mobilize the resources in such a way whereby they can meet expenditure on judiciary for discharging their constitutional obligations. Merely because there is an increase in the financial burden as a result of the Shetty Commission report accepted, can be no ground for fastening being liability on the Union of India when none exists at present. Accordingly, disagreeing on this point with Justice Shetty Commission recommendations, we direct that the entire expenditure on account of the recommendations of the Justice S....
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...., the judicial system, by directing increase, in the first instance, in the Judge strength from the existing ratio of 10.5 or 13 per 10 lakhs people to 50 Judges for 10 lakh people. We are conscious of the fact that overnight these vacancies cannot be filled. In order to have Additional Judges, not only the post will have to be created but infrastructure required in the form of Additional Court rooms, buildings, staff, etc., would also have to be made available. We are also aware of the fact that a large number of vacancies as of today from amongst the sanctioned strength remain to be filled. We, therefore, first direct that the existing vacancies in the subordinate Court at ail levels should be filled, if possible, latest by 31st March, 2003, in all the States. The increase in the Judge strength to 50 Judges per 10 lakh people should be effected and implemented with the filling up of the posts in phased manner to be determined and directed by the Union Ministry of Law, but this process should be completed and the increased vacancies and posts filled within a period of five years from today. Perhaps increasing the Judge strength by 10 per 10 lakh people every year could be one of t....
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....h is very necessary. At the same time, we are of the opinion that there has to be certain minimum standards, objectively adjudged, for officers who are to enter the higher judicial service as Additional District Judges and District Judges. While we agree with the Shetty Commission that the recruitment to the higher judicial service i.e., the District Judge cadre from amongst the advocates should be 25 per cent and the process of recruitment is to be by a competitive examination, both written and viva voce, we are of the opinion that there should be an objective method of testing the suitability of the subordinate judicial officers for promotion to the higher judicial service. Furthermore, there should also be an incentive amongst the relatively junior and other officers to improve and to compete with each other so as to excel and get quicker promotion. In this way, we expect that the calibre of the members of the higher judicial service will further improve. In order to achieve this, while the ratio of 75 per cent appointment by promotion and 25 per cent by direct recruitment to the higher judicial service is maintained, we are, however, of the opinion that there should be two meth....
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.... so far as seniority is concerned, is where a roster system is followed. For example, there is, as per the rules of the Central Government, a 40-point roster which has been prescribed which deals with the quotas for Scheduled Castes and Scheduled Tribes. Hardly, if ever, there has been a litigation amongst the members of the service after their recruitment as per the quotas, the seniority is fixed by the roster points and irrespective of the fact as to when a person is recruited. When roster system is followed, there is no question of any dispute arising. The 40-point roster has been considered and approved by this Court in R.K. Sabharwal and Ors. v. State of Punjab . One of the methods of avoiding any litigation and bringing about certainty in this regard is by specifying quotas in relation to posts and not in relation to the vacancies. This is the basic principle on the basis of which the 40-point roster works. We direct the High Courts to suitably amend and promulgate seniority rules on the basis of the roster principle as approved by this Court in R.K. Sabharwal's case (supra) as early as possible. We hope that as a result thereof, there would be no further dispute in the f....
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....icial Magistrate and Chief Metropolitan Magistrate have to be equated and they have to be placed in the cadre of Civil Judge (senior division). We order, accordingly. 31. In the All India Judges case , this Court has observed that in order to enter the judicial service, an applicant must be an Advocate of at least three years' standing. Rules were amended accordingly. With the passage of time, experience has shown that the best talent which is available is not attracted to the judicial service. A bright young law graduate after 3 years of practice finds the judicial service not attractive enough. It has been recommended by the Shetty Commission after taking into consideration the views expressed before it by various authorities, that the need for an applicant to have been an Advocate for at least 3 years should be done away with. After taking all the circumstances into consideration, we accept this recommendation of the Shetty Commission and the argument of the learned amicus curiae that it should be no longer mandatory for an applicant desirous of entering the judicial service to be an Advocate of at least three years' standing. We, accordingly, in the light of experien....
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....ee Government accommodation should be made available to the judicial officers. Taking into consideration, the fact that the accommodation which is made available to the Judges of the Supreme Court as well as the High Courts is free of charge, we direct that the official accommodation which is allotted to the judicial officers should likewise be free of charge but no house rent allowance will be payable on such an allotment being made. If, however, the Government for any reason is unable to make allotment or make available official accommodation, then in that event the judicial officer would be entitled to get house rent allowance similar to that which has been as existing or as directed by the Shetty Commission whichever is higher. However, it is made clear that once a Government or official accommodation is allotted to an officer and in pursuance thereof he occupies such an accommodation, he would not be entitled to draw house rent allowance. 35. There are a number of other allowances which have been referred to by the Shetty Commission, some of which have not been accepted by the Central Government. For example, allowance of Rs. 2,500/- to be paid to enable the engagement of a....