ALL INDIA JUDGES ASSOCIATION versus UNION OF INDIA & ORS

Citation: [2023] 7 S.C.R. 26 · Decided: 19-05-2023 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Directions issued

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 7 S.C.R.
   [2023] 7 S.C.R. 26
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ALL INDIA JUDGES ASSOCIATION
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 643/2015)
MAY 19, 2023
[DR. DHANANJAYA Y CHANDRACHUD, CJI,
V. RAMASUBRAMANIAN AND
PAMIDIGHANTAM SRI NARASIMHA, JJ.]
Judiciary – District Judiciary – Recommendations of the
Second National Judicial Pay Commission (SNJPC/Commission) on
pay, pension, gratuity, age of retirement etc.– Revision of pay
structure was accepted vide order dtd. 27.07.2022 – Review petitions
filed by some States and the Union were dismissed vide order dtd.
05.04.2023 – Benefits of the recommendations as regards pay be
given w.e.f 01.01.2016 – No change in percentage of pension for
retirees on or after 01.01.2016 – Multiplier of 2.81 to apply to
pensioners as well – For judicial officers retired before 01.01.2016,
the revised pension should be 50% of the last drawn pay – Necessary
amendments to be carried out in Service Rules of the Judicial Officers
across all jurisdictions – High Courts and the competent authorities
to bring the rules in conformity with the various recommendations
accepted by Supreme Court within 3 months – Compliance affidavits
be placed on record by the High Courts, the States and the Union
within 4 months – Vide orders dtd. 27.07.2022 and 18.01.2023, all
arrears of pay were already directed to be cleared by 30.06.2023 –
Compliance affidavits be filed by 30.07.2023 – Approved revised
rates of pension shall be payable from 01.07.2023 – For the payment
of arrears of pension, additional pension, gratuity and other retiral
benefits, following the Orders dtd. 27.07.2022 and 18.01.2023, 25%
be paid by 31.08.2023, another 25% by 31.10.2023, and the
remaining 50% by 31.12.2023 – Matters to be listed for further
compliance on pay and pension.
Judiciary – District Judiciary – Principles evolved for judicial
pay, pension and allowances – Held: A unified judiciary requires
uniform designations and service conditions of judicial officers
across the country – Judges are not employees of the State but are
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holders of public office who wield sovereign judicial power – They
are only comparable to members of the legislature and ministers in
the executive – Parity cannot be claimed between staff of the
legislative wing and executive wing with officers of the judicial
wing – The independence of the judiciary requires that pay of judicial
officers must be stand-alone and not compared to that of staff of
the political executive or the legislature – Independence of the
judiciary, which includes the District Judiciary, is part of the basic
structure of the Constitution – Access to an independent judiciary
enforces fundamental rights guaranteed under Part III of the
Constitution – The essential function of all judicial officers in the
District Judiciary and judges of the High Court and this Court is
essentially the same – Principles discussed – Doctrine of inherent
powers – Constitution of India – Article 125, 221.
Issuing directions, the Court
HELD:1.1 CONSIDERATION OF RECOMMENDATIONS
ON PAY
Individual recommendations made by the SNJPC on pay-
I.Redesignation of Judicial Officers in Conformity with the
All India Pattern
In India, the judiciary is unified. The designations of judges,
therefore, ought to be uniform across the country. In this regard,
the First National Judicial Pay Commission (FNJPC) suggested
the following nomenclature to be adopted pan- India:i. Civil Judge
(Jr. Div); ii. Civil Judge (Sr. Div); iii. District Judge. A thorough
examination by the SNJPC revealed that these designations have
not been adopted in few states. This recommendation had been
accepted in the FNJPC by virtue of judgment in All India Judges’
Assn. (II) v. Union of India. This direction be followed by the High
Courts and all High Courts amend their designations in conformity
with the suggestions of the FNJPC and SNJPC. It is also relevant
to note that in light of the pay matrix suggested by the SNJPC,
without uniform designations, issues may arise in the future for
fitment of the different designations which are used in the different
states. Such complications ought to be avoided by this Court.
Thus, the recommendation of the Commission is accepted.
Consequently, the High Courts are directed to ensure that the
ALL INDIA JUDGES ASSOCIATION v. UNION OF INDIA
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SUPREME COURT REPORTS
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designation of judicial officers is uniformly the same. [Paras 42-
45][58-

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