SC Seeks Responses Of States On Recommendations Of Second National Judicial Pay Commission [Read Order]

The Supreme Court has sought the responses of all State Governments on the recommendations made by the Second National Judicial Pay Commission on the pay scales and benefits of judicial officers.

The Commission, constituted by the Supreme Court in November 2017, had submitted its final report on January 29.

On February 28, a bench headed by Chief Justice of India S A Bobde ordered that the States should be represented by their Chief Secretaries. The bench also requested the Advocate Generals of respective States to appear in the matter.

"The respective state governments and Union Territories are directed to file their responses with respect to each recommendation, if any, within a period of four weeks from today. If any of the parties fail to file such response, it will be presumed that they have no objections to the recommendations made by the Commission. We expect that the recommendations of the Commission will be implemented proactively", ordered the bench, also comprising Justices B R Gavai and Surya Kant. 

The Court has appointed Senior Advocate P S Narasimha and Advocate K Parameshwar as amici curaie in the matter.

"The amici shall consolidate the views of the states and give their suggestions to the Court. They shall also consider what institutional mechanisms can be put in place to ensure that this Court is not compelled to intervene every time in respect of pay scales and conditions of service in respect of the subordinate judiciary. The Law Secretary, Union of India may also give his suggestions in this regard to the amici", the bench observed.

The Commission was constituted by the Supreme Court as per its orders in the All India Judges Association case. On November 16, 2017, the Ministry of Law and Justice had issued the notification in that regard.

Justice P.V.Reddi, former Judge of the Supreme Court is the Chairman,R.Basant, Senior Advocate and former Judge of Kerala High Court is the Member and Vinay Kumar Gupta, District Judge of Delhi Higher Judicial Service is the Member-Secretary of the Commission.

On January 29, the Commission submitted its final recommendations in the Supreme Court. The recommendations made by the Commission are applicable to the Judicial officers throughout the country.

Some of the salient features of the recommendations are :

Pay

As per the revised pay structure evolved by the Commission, the Junior Civil Judge/First Class Magistrate whose staring pay is Rs.27,700/- will now get Rs.77,840/-.

The next higher post of Senior Civil Judge starts with the pay of Rs.1,11,000/- and that of the District Judge Rs.1,44,840/-.

The highest pay which a District Judge (STS) will get, is Rs.2,24,100/-.

It has recommended the adoption of Pay Matrix which has been drawn up by applying the multiplier of 2.81 to the existing pay, commensurate with the percentage of increase of pay of High Court Judges.

Pension

Pension at 50% of last drawn pay worked out on the basis of proposed revised pay scales is recommended w. e. f. 1-1-2016. The family pension will be 30% of the last drawn pay. Additional quantum of pension to commence on completing the age of 75 years (instead of 80 years) and percentages at various stages thereafter are increased.

The existing ceiling of retirement gratuity and death gratuity to be increased by 25% when the DA reaches 50%.

Nodal officers to be nominated by the District Judges to assist the pensioners/family pensioners.

Recommendation has been made to discontinue the New Pension Scheme (NPS) which is being applied to those entering service during or after 2004. The old pension system, which is more beneficial to be revived

Allowances

The existing allowances have been suitably increased and certain new features have been added. However, the CCA is proposed to be discontinued. Recommendations are made to improve the medical facilities and to simplify the reimbursement procedure. Medical facilities to be granted to pensioners and family pensioners also.

Certain new allowances viz. children education allowance, home orderly allowance, transport allowance in lieu of pool car facility, have been proposed. HRA proposed to be increased uniformly in all States. Steps to ensure proper maintenance of official quarters recommended.

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