Judicial Officer Who Got ACP Benefit Also Entitled To Additional Increment On Acquiring LLM Qualification: Supreme Court

The Supreme Court has reiterated judicial officers, who have got t he benefit of Annual Career Progression (ACP), are also entitled to the additional increment due to the acquisition of a higher qualification.A judicial officer from Manipur filed an application before the Supreme Court in the All India Judges Association case seeking a clarification that as to whether a judicial officer is entitled to the higher qualification allowance at every Assured Career Progression (ACP) stage. The bench comprising Justice BR Gavai, Justice AG Masih and K Vinod Chandran noted that the issue was settled by the judgment in the All India Judges Association case delivered on January 4, 2024. In that judgment, the Court rejected the argument of State that a Judicial Officer getting the benefit of ACP was not entitled to the additional increment on acquiring the additional qualification of LL.M."The grant of ACP has nothing to do with the benefit of additional increment on acquiring the additional qualification like LL.M," the January 2024 judgment stated. The said judgment further stated : "There is no justification for denying the benefit of advance increments at the ACP stage. The object and purpose of ACP is to prevent stagnation. On the other hand, the object and purpose of advance increments for acquiring higher qualifications is to improve judicial performance. Hence, the restrictive condition imposed by the SNJPC in regard to non- extension of advance increments at the ACP stage is not accepted. The advance increments for acquiring higher qualifications shall also be made available to officers who have acquired their degrees through distance learning programmes."In the case of State of Maharashtra v Tejwant Singh Sandhu and Others 2022 SCC OnLine SC 2286, it was sought to be argued on behalf of the State of Maharashtra that once the concerned judicial officer is getting the benefit of ACP, he is not entitled to annual increment on acquiring the additional qualification of LL.M. The said contention was specifically rejected by the Court.In view of these precedents, the bench said that no clarification is required on this point. The bench rejected the argument of the State of Manipur that if a judicial officer is permitted to avail additional increment at every stage of ACP it will result in unjust enrichment."The SNJPC has recommended an increment @ 3% of the basic cumulative pay. For example, if a judicial officer acquires a higher qualification of LL.M. at the level of J.M.F.C. and his cumulative pay is Rs.10,000/-, he will be entitled to get 9% on account of higher qualification i.e. Rs.900/-. However, when on account of ACP, his cumulative pay becomes Rs.15,000/-, in that eventuality on acquiring LL.M. he will be entitled to get 9% of the cumulative pay of Rs. 15,000/- i.e. Rs.1,350/-.In that view of the matter, we find that the contention that once judicial officer gets a higher pay scale on account of ACP, he would not be entitled to get the additional increments for acquiring higher qualification, is without substance and as such is rejected."Also from the order - Judicial Officers' Pay : Supreme Court Asks High Courts To Form Committees For Service Conditions Of District Judiciary Within 4 WeeksRecord ACRs Of Judicial Officers Without Delay : Supreme Court To High Court JudgesFrame Rules To Increase Posts Of District Judge (Selection Grade) & District Judge (Super Time Scale) In 3 Months : Supreme Court To States & HCsCase : All India Judges Association vs Union of IndiaCitation : 2025 LiveLaw (SC) 130Click here to read the order

Judicial Officer Who Got ACP Benefit Also Entitled To Additional Increment On Acquiring LLM Qualification: Supreme Court

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