'Supreme Court Direction Must Be Implemented': High Court Directs Maharashtra Govt To Regularize Employment Of 'Court Managers'

The Bombay High Court recently directed the State Government to implement a 2018 direction of the Supreme Court in “All India Judges Association Vs. Union of India,” which directed the regularisation of employment of Court Managers responsible for handling the administration of all courts across Maharashtra.

Court Managers are MBA graduates whose assistance in administration is meant to assist judges in devoting more time to judicial functioning and enhancing the efficiency of judicial systems. The managers can also help identify weaknesses and recommend workable steps under the supervision of the judges.

After the matter recently came up before a division bench comprising Justice GS Kulkarni and Justice Jitendra Jain the court directed the State government to decide on High Court's 2019 proposal.

“We may also observe that it would not be permissible for the State Government, to not take a decision on the regularization proposal on any conditions which are extraneous to the orders passed by the Supreme Court, and the orders passed by the Supreme Court are required to be implemented in letter and spirit,' it observed.

The bench was hearing a plea by the Court Managers through Advocates Satish B. Talekar along with Madhavi Ayyappan seeking regularisation in employment owing to the SC's directions. They submitted that even five years after the Supreme Court order their posts were not yet regularised.

Senior Advocate Milind Sathe appearing on behalf of the High Court Administration submitted that the first proposal was sent to the State government in May 2019 according to the Apex Court's directions. In November the State, but the appointments had not been regularised to date.

After a co-ordinate bench presided over by Justice GS Kulkarni took cognisance of the issue in September 2023, another reminder was sent to the Principal Secretary and RLA, Government of Maharashtra on October 3, 2023 by the High Court Registrar Inspection-I (Appellate Side).

The bench added that any framing of the rules for the regular post of Court Managers pending before the General Rules Committee could not be used by the State to delay taking an appropriate decision and complying with orders passed by the Supreme Court.

The bench clarified that the benefits of regularization shall be subject to the service conditions as may be fixed by the General Rule Committee, which is regarding the duty list, cadre, pay scale etc.

“…we have no alternative but to adjourn the present proceedings for a period of two weeks from today, however, with a direction to the State Government to take a decision on the proposal as sent by the High Court dated 4 May 2019 as also the subsequent reminder dated 3 October 2023, in the light of our order dated 20 September 2023," it concluded.

The matter will now be heard on December 13, 2023.

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