Supreme Court: In a plea by All India Judges Association seeking implementation of the recommendations of the Second National Judicial Pay Commission (‘SNJPC’) in all States, the three Judge bench of Dr. DY Chandrachud, JB Pardiwala and Manoj Misra, JJ. has directed the Chief Secretaries and Finance Secretaries of Chhattisgarh, Punjab and Delhi to personally appear before the Court with affidavits setting out full compliance regarding the payment of district judges’ pension. Further, the Court warned of contempt of court action, in case the officials fail to remain present before the Court on 23-08-2024.
The Court said that “though 7 opportunities have been granted to the states, it appears full compliance has not been affected”.
The Court while expressing displeasure with the State Governments for treating judicial officers differently, compared to the State civil services officers, said that administrative officers in the executive have received revision of their payscales and other allowances w.e.f 01-01-2016, whereas judicial officers are yet to receive the revised payscales and allowances.
Further, concerning the argument that the pay and allowances of judicial officers and other government officers should be equivalent, the Court said that “Judges are not comparable with the administrative executive. They discharge sovereign state functions just like the Council of Ministers or the political executive. Their service is different from the secretarial staff or the administrative executive which carries out the decisions of the political executive. Judges are distinct from judicial staff and are thus comparable with the political executive and legislature.”
Thus, the Chief Secretaries and Finance Secretaries of Chhattisgarh, Punjab and Delhi were directed be present in Court on 23-08-2024 while their affidavits have to be filed by 20-08-2024.
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Source: Press
