The Supreme Court has ordered the formation of a two-judge committee in each high court to supervise the implementation of the orders on pay, pension, and other retirement benefits for judicial officers as per the Second National Judicial Pay Commission, citing the need to maintain uniformity in the service conditions of judicial officers throughout the nation.
Judicial independence, which is essential to maintain the trust and confidence of ordinary people in the rule of law, can only be guaranteed and strengthened, according to a bench led by Chief Justice of India (CJI) DY Chandrachud, if judges are allowed to live respectable lives.
“A judge’s terms of service throughout their tenure must provide a decent life. The terms of service after retirement significantly impact the independence and dignity of the judge’s office as well as how society views it. The bench, which also included Justices JB Pardiwala and Manoj Misra, said that in order for the court to remain a desirable career choice for gifted individuals, terms of service for both active and retiring officials must provide security and dignity.
The highest court expressed serious worry over the fact that, despite the fact that members of other services had been able to request a change of their terms of service as early as January 1, 2016, judicial officers’ difficulties had not been resolved in eight years.
It said that judges have resigned from their positions and that the pensions of the deceased’s relatives are also pending settlement.
The recommendations of the SNJPC address the problem of creating a permanent system to decide on matters pertaining to the district judiciary’s service conditions as well as pay structure, pensions, and family pensions and allowances.
The Supreme Court expressed its well-considered opinion that, in order to institutionalize the enforcement of this Court’s orders regarding the terms of service for the district judiciary and to carry out the recommendations of the SNJPC, a framework must be established under the authority of each high court.
“We thus order the formation of a committee in each high court to supervise the execution of the SNJPC’s recommendations, which have been authorized by this Court. “The Committee for Service Conditions of the District Judiciary” (CSCDJ) will be the name given to it by the bench, according to an order dated January 4 posted on Wednesday.
The Supreme Court declared that the committee would be composed of two high court judges, one of whom would be a judge who had previously served as a law secretary or legal remembrancer and one of whom would be a judge selected by the chief justice.
“The High Court Registrar General, who will function as the Committee’s ex officio Secretary; and a retired district judge from the cadre, to be proposed by the Chief Justice, who would serve as the go-to person for day-to-day grievance resolution.
“The Chairperson of the Committee will be the senior-most Judge selected by the Chief Justice. When matters pertaining to the Departments of Home, Finance, Health, Personnel, and Public Works are being discussed and decided upon, the Chairperson has the authority to co-opt State Government authorities, including secretaries in these departments,” the bench said.
The highest court ruled that in order to guarantee proper execution of the SNJPC’s recommendations, the Committee Chairperson may, at their option, co-opt the Accountant General. It said that the Committee would be free to confer with the representatives of the State’s Retired Judges’ Association or the Judges’ Association, as the case may be.
The main responsibilities of the CSCDJ will be to supervise the appropriate execution of the SNJPC’s recommendations for compensation, benefits, pensions, and other related issues that have been authorized by this Court via its directives.
According to the court, one of the CSCDJ’s duties will be to create an institutional system for documenting and preserving institutional issues about the district judiciary’s salary, benefits, and working conditions.
“In consultation with the Secretary in the Health Department of the State Government, it shall ensure that hospitals of a requisite standard with necessary facilities are impanelled for every district,” the bench said.
According to the statement, the committee would set standards for empanelment. It also said that in cases when a district does not provide medical care meeting the necessary standards for a certain condition, treatment for that ailment may be obtained elsewhere at an impanelled hospital.
“In cases where officers who have served in the State are living outside the State, the Committee would be free to take incidental measures.” To make it easier for people to access medical facilities in such a situation, the Committee may think about appointing hospitals outside of the State, according to the bench.
The highest court ruled that payments for unpaid salary, pension, and allowance arrears to judges, judges in retirement, and family pensioners must be calculated and made by February 29, 2024, at the latest.
The bench said, “Every Committee operating under the High Court’s auspices shall submit its report to this Court on or before April 7, 2024, through the High Court’s Registrar General.”
