Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | age of retirement etc. Judiciary – District Judiciary – Recommendations of the Second National Judicial Pay Commission (SNJPC/Commission) on pay pension gratuity |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Judiciary – District Judiciary – Recommendations of theSecond National Judicial Pay Commission (SNJPC/Commission) onpay, pension, gratuity, age of retirement etc.– Revision of paystructure was accepted vide order dtd. 27.07.2022 – Review petitionsfiled by some States and the Union were dismissed vide order dtd.05.04.2023 – Benefits of the recommendations as regards pay begiven w.e.f 01.01.2016 – No change in percentage of pension forretirees on or after 01.01.2016 – Multiplier of 2.81 to apply topensioners as well – For judicial officers retired before 01.01.2016,the revised pension should be 50% of the last drawn pay – Necessaryamendments to be carried out in Service Rules of the Judicial Officersacross all jurisdictions – High Courts and the competent authoritiesto bring the rules in conformity with the various recommendationsaccepted by Supreme Court within 3 months – Compliance affidavitsbe placed on record by the High Courts, the States and the Unionwithin 4 months – Vide orders dtd. 27.07.2022 and 18.01.2023, allarrears of pay were already directed to be cleared by 30.06.2023 –Compliance affidavits be filed by 30.07.2023 – Approved revisedrates of pension shall be payable from 01.07.2023 – For the paymentof arrears of pension, additional pension, gratuity and other retiralbenefits, following the Orders dtd. 27.07.2022 and 18.01.2023, 25%be paid by 31.08.2023, another 25% by 31.10.2023, and theremaining 50% by 31.12.2023 – Matters to be listed for furthercompliance on pay and pension.Judiciary – District Judiciary – Principles evolved for judicialpay, pension and allowances – Held: A unified judiciary requiresuniform designations and service conditions of judicial officersacross the country – Judges are not employees of the State but are holders of public office who wield sovereign judicial power – Theyare only comparable to members of the legislature and ministers inthe executive – Parity cannot be claimed between staff of thelegislative wing and executive wing with officers of the judicialwing – The independence of the judiciary requires that pay of judicialofficers must be stand-alone and not compared to that of staff ofthe political executive or the legislature – Independence of thejudiciary, which includes the District Judiciary, is part of the basicstructure of the Constitution – Access to an independent judiciaryenforces fundamental rights guaranteed under Part III of theConstitution – The essential function of all judicial officers in theDistrict Judiciary and judges of the High Court and this Court isessentially the same – Principles discussed – Doctrine of inherentpowers – Constitution of India – Article 125, 221. |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2023 INSC 564 |
Petitioner | All India Judges Association |
Respondent | Union Of India & Ors |
SCR | [2023] 7 S.C.R. 26 |
Judgement Date | 2023-05-19 |
Case Number | 643 |
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