ALL INDIA JUDGES ASSOCIATION AND ORS. versus UNION OF INDIA AND ORS.

Citation: [2002] 2 S.C.R. 712 · Decided: 21-03-2002 · Supreme Court of India · Bench: B.N. KIRPAL

Cited by 21 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

;A 
ALL INDIA JUDGES ASSOCIATION AND ORS. 
v. 
UNION OF INDIA AND ORS. 
MARCH 21, 2002 
B 
[B.N. KIRPAL, G.B. PATTANAIK AND V.N. KHARE, Jl] 
Service Law: 
Subordinate Judicial Service-Service conditions-Determination of by 
C Shetty Commission Report-Writ for implementation of report-Held, 
Commission's Report accepted subject to modifications in the judgment. 
The question for consideration before this Court was whether the 
recommendations of First National Judicial Pay Commission presided by _Mr. 
D Justice K.J. Shetty (Shetty Commission) should be accepted. 
This Court in All India Judges Association v. Union of India and Ors., 
(1992) 1 sec 119 (main case) had given certain directions with regard to 
working conditions and certain benefits to be conferred on the members of 
subordinate judiciary. In review against the same, the Court in All India Judges 
E Association and Ors. etc. v. Union of India and Ors., [1993) 4 SCC 288 (review 
case) maintained the directions given in the main judgment. However, in 
addition to the directions, it recommended for setting up of an independent 
Commission for reviewing service conditions of judicial officers. It also held 
that the service conditions of the judges could not be compared with those of 
administrative executive as the parity of status of judges could only be with 
F 
political executives. 
G 
The question with regard to pay scales of judicial officers was first 
referred to Fifth Central Pay Commission but subsequently the reference was 
withdrawn from the Commission and in pursuance ofrecommendation of the 
Court in review case, Union of India constituted Shetty Commission. 
The report of the Fifth Central Pay Commission was accepted by Union 
of India and was made applicable w.e.f. 1.1.1996. 
Shetty Commission granted interim relief to the judicial officers, in view 
of the fact that report of Fifth Central Pay Commission had been accepted, 
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ALL INDIA JUDGES ASSOCIATION v. U.0.1. 
713 
but the same was subject to adjustment on the acceptance of the final report A 
of the Commission. 
The Commission made recommendation on the following points:-
1. Revision in scale of pay, monetary benefit with regard to which was 
to be payable w.e.f. 1.7.1996. 
B 
2. Special allowances, including official accommodation and house rent 
allowance, allowance of Rs. 2500 to retired Judicial Officers for domestic help, 
50% concession in electricity and water charges, to be granted w.e.f. 1.11.1999. 
3. Liability to bear 50% of the total expenditure incurred on subordinate c 
judiciary fixed on Union of India . 
4. Increase in the judges strength to 50 Judges per 10 lakh people as 
recommended by 120th Law Commission Report 
5. Increase in the retirement age of Judges from 60 years to 62 years. D 
6. Method for recruitment to the posts in the cadre of Higher Judicial 
Service, in the ratio of 75% appointment by promotion and 25% by direct 
recruitment to be followed. Promotees to be given weightage for promotion 
over direct recruits. 
E 
7. Post of Chief Judicial Magistrate to be placed in the cadre of Civil 
Judge (Senior Division) and Chief Metropolitan Magistrate to be placed in 
the cadre of District Judge. 
8. Requirement of 3 years' standing as Advocate for entering judicial 
service not mandatory . 
F 
9. Necessity for Assured Career Progression Scheme and Functional 
scales. 
10. Appropriate nomenclature to be given to the judicial officers. 
G 
11. Adoption of procedure for writing confidential report by self 
assessment process. 
12. Post of Civil Judge (Senior Division) only to be filled by promotion. 
13. Steps for judicial education and training. 
H 
714 
SUPREME COURT REPORTS 
[2002) 2 S.C.R. 
A 
14. Establishment of All India Judicial Service. 
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Petitioner-Association filed writ petition for implementation of the 
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report of the Shetty Commission. 
States accepted the recommendations provided Union oflndia bore 50% 
B of the expenses. Union oflndia, however, evolved its own pay scale with regard 
to Subordinate and Higher Judicial Service in the Union Territories, on the 
basis of parity between the executive and judiciary. 
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Union of India contended that recommendation of placing the liability 
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of bearing 50% of expenses on it, was inconsistent with constitutional set up; 
c that the obligation to m.eet the expenses of judicial service, except courts in 
Union Territories and Supreme Court was on the State

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