ANIL KUMAR VITTHAL SHETE AND ORS. versus STATE OF MAHARASHTRA AND ANR.

Citation: [2006] SUPP. 1 S.C.R. 553 · Decided: 28-04-2006 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Disposed off

Judgment (excerpt)

ANIL KUMAR VITIHAL SHETE AND ORS. 
v. 
STATE OF MAHARASHTRA AND ANR. 
APRIL 28, 2006 
[Y.K.SABHARWAL,CJ.,C.K. THAKKERAND 
P.K. BALASUBRAMANYAN, JJ.] 
Judiciary: 
A 
B 
Judicial Service-Service Conditions of Judicial Officers-Certain C 
Directions by Supreme Court in respect of working conditions of Judicial 
Officers-Pursuant to direction, Constitution of National Judicial Pay 
Commission-Commission restructured judicial cadres amalgamating multiple 
cadres into three uniform cadres~In absence of uniformity in the cadre of 
Judges of Small Causes Court, Commission left the matter to be examined D 
and decided by High Courts-Administrative side of Full Court of the High 
Courts of Bombay and Gujarat decided the amalgamation-Judges of the 
Small Causes Courts of Bombay and Gujarat, Chief Judge, Small Causes 
Courts, Ahmedabad, Metropolitan Magistrates, Mumbai, Assistant Judges of 
Gujarat Judicial Service aggrieved by their placement in the category-
lnterlocutory Applications and Writ Petitions to this Court-Application for E 
making the Report of the Commission applicable to all the retirees-Held: 
The decision of High Courts, on Administrative sides in dealing with the 
issue of placement cannot be said to be illegal, unlawful, arbitrary, 
discriminatory or otherwise objectionable-There is no legal flaw in the 
decision-However, in the facts and circumstances of the case of Metropolitan F 
Magistrates, to meet the ends of justice, Court directed that their pay scales 
not to be reduced nor recovery of the same to be effected-Application in 
respect of retirees adjourned. 
Considering the Reports by Law Commission, this Court by judgment 
in All India Judges Association v. Union of India, (1992) 1 sec 119, issued G 
certain directions for the evolvement of appropriate national policy by the 
Government with regard to service conditions of Judicial Officers. In 
pursuance thereof National Judicial Pay Commission (Shetty Commission) 
was constituted. One of the tasks of the· Commission was to restructure 
553 
H 
554 
SUPREME COURT REPORTS [2006] SUPP. I S.C.R. 
A judicial cadres and amalgamation of multiple cadres into three uniform cadra 
So far as the cadre of Judges of Small Causes Court was concerned, in view 
of the fact that there was no uniformity in their cadres, the Commission left 
the matter to be examined and decided by the High Court of each State/Union 
Territory. Regarding Chief Judge as well as Additional Chief Judge of Small 
B Causes Courts, having regard to their supervisory powers and jurisdiction, 
Commission recommended that they should be included in the cadre of District 
Judges in all States/Union Territories. 
In pursuance of recommendations of the Commission, High Courts of 
Bombay and Gujarat constituted their respective Committees to consider the 
C amalgamation of different cadres and fixation of seniority in the light of 
observations made by the Shetty Commission and the same was placed before 
Administrative side of the respective High Courts and the amalgamation was 
decided by full court accordingly. 
D 
Three categories created in the State of Maharashtra were as under: 
Category 1 : District Judges, Joint District Judges, City Civil Court 
Judges 
(iA) : Chief Judge, Small Causes Courts; 
E 
(ii) : Additional District Judges, Additional Chief Judges, Small Causes 
Courts 
Category 2 : Senior Civil Judges 
(i) Chief Metropolitan Magistrates; 
F 
(ii) Additional Chief Metropolitan Magistrates; 
(iii) Metropolitan Magistrates and Judges of Small Causes Courts; 
(iv) Civil Judges (Senior Division) 
G 
Category 3 : Civil Judges (Junior Division) 
Notifications were also issued by the Government of Gujarat. Aggrieved 
by the decision of the Full Court, various judges of Maharashtra and Gujarat 
approached this Court by filing interlocutory applications for clarification of 
H the judgment of All India Judges' Association v. Union of India, and also by 
ANIL KUMAR VIITHAL SHETE & ORS. v. STATE OF MAHARASHTRA 
SSS 
filing Writ Petitions for -declaring that the action of the Commission of A 
referring the case of the petitioners to the High Courts was illegal and 
improper. 
The grievances of the Judges of Small Causes Court, Bombay and 
Gujarat were that their placement in category 2 alongwith Civil Judges 
(Senior Division) was illegal, er.r~ous amounting to demotion/reversion/ B 
reduction in rank. They claimed to be placed in Category I alongwith 
Additional Chief Judges, Small Causes C

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