APPENDIX - V
PRELIMINARY OBSERVATIONS
In the All India Judges’ Association Case
1, the Supreme Court granted certain reliefs to the subordinate judiciary for improving their service conditions. The Supreme Court also directed that the service conditions of the subordinate judiciary should be uniform in all States and Union Territories. Against the said decision, some State Governments filed Review/Writ Petitions inter-alia, contending that the Supreme Court directions impinge upon the exclusive power of the Executive and Legislature to regulate the service conditions of the subordinate judiciary who, over the long years, have conditions of service analogous to that of their State Government servants. The question of uniformity in service conditions cannot be insisted upon since it is a question of policy of the State Governments. The State Governments have revised the pay structure of the subordinate judiciary from time to time on the recommendations of the State Pay Commissions and, as such, it may not be possible to have different pay scales exclusively to the members of Subordinate Judicial Service. It was also contended by the State Governments that the financial resources of all State Governments are not equal and some of the States would be unable to bear the financial burden if the pay scales of the Judicial Officers are made uniform on an All India basis.In the said Review/Writ Petitions, the Supreme Court afforded opportunity to the Central and State Governments and also to Union Territories to put forward their respective objections. After hearing the contending parties, the Supreme Court2 indeed improved the original judgement with minor modifications.
It is of importance to note the following observations of the Supreme Court in the aforesaid decisions :
"The Judicial Service is not service in the sense of ‘employment’. The Judges are not employees. As members of judiciary, they exercise the sovereign ____________________
1. A.I.R. 1992 SC 165
2. A.I.R 1993 SC 2493
judicial power of the State. They are holders of public offices in the same way as the Members of the Council of Ministers and the Members of the Legislature".
".........Under the Constitution, the judiciary is above the administrative executive and any attempt to place it on par with the administrative executive has to be discouraged".
".........The exertions involved in the duties of the Judge cannot be compared with the duties of other services".
".........It is fallacious to compare the judicial service with other service for any purpose, since the judicial service by its very nature stands on a different footing and should be treated as such".
".........Hence the earlier approach of comparison between the service conditions of the Judges and those of the administrative executive has to be abandoned and the service conditions of the Judges which are wrongly linked to those of the administrative executive have to be revised to meet the special needs of the judicial service".
".........We reiterate the importance of such separate Commission and also of the desirability of prescribing uniform pay scales to the Judges all over the Country. Since such pay scales will be the minimum deserved by the Judicial Officers, the argument that some of the States may not be able to bear the financial burden is irrelevant.....".
Pursuant to these observations, the Government of India by Resolution dated 21st March 1996 constituted the First National Judicial Pay Commission for the Subordinate Judiciary of all the States and Union Territories, comprising of the following:
i) CHAIRMAN : Mr. Justice K. Jaganatha Shetty
Former Judge, Supreme Court of India.
ii) MEMBER : Mr. Justice P.K. Bahri
Judge of Delhi High Court.
iii) MEMBER-SECRETARY : Mr. K.R. Chamayya
Former Chairman of the Karnataka
State Administrative Tribunal
The terms of reference to the Commission are as follows:
a) To evolve the principles which should govern the structure of pay and other emoluments of Judicial Officers belonging to the Subordinate Judiciary all over the country.
b) To examine the present structure of emoluments and conditions of service of Judicial Officers in the States and Union Territories taking into account the total packet of benefits available to them and make suitable recommendations having regard, among other relevant factors, to the existing relativities in the pay structure between the Officers belonging to Subordinate Judicial Services vis-a-vis other Civil Servants.
c) To examine and recommend in respect of minimum qualification, age of recruitment, method of recruitment etc., for Judicial officers. In this context, the relevant provisions of the constitution and direction of the Supreme Court in All India Judges’ Association case and in other cases may be kept in view.
d) To examine the work methods and work environment as also the variety of allowances and benefits in kind that are available to Judicial Officers in addition to pay and to suggest rationalisation and simplification thereof with a view to promoting efficiency in Judicial Administration, optimising the size of the Judiciary etc.
Though the Commission was constituted in March 1996, it has for long not been made functional for want of Office, Finance and Staff.
On 2nd April 1996, Mr.K.R.Chamayya assumed office as Member Secretary of the Commission. On 24th April 1996, Mr.Justice P.K.Bahri upon retirement assumed office as Member of the Commission. On 8th May 1996, the Karnataka High Court, at the request of the Chairman was pleased to spare the premises for the office of the Commission in the newly built Annexe to the City Civil Courts Complex. On 1st June 1996, the Chairman of the Commission assumed office.
The Central Public Works Department was entrusted with the work of making suitable alterations and partitions in the said premises for the requirements of the Commission. The said work was completed on 18th September 1996.
In the mean time, on 27th August 1996, Mr. K.R.Chamayya resigned as Member-Secretary and in his place, Mr. Justice A.B.Murgod, Retired Judge of the Karnataka High Court was appointed. On 28th August 1996, Mr. Justice Murgod (Rtd.) took charge as Member-Secretary of the Commission.
The Commission is required to appoint the staff either on deputation or by re-employment of retired persons. With considerable difficulty, the Commission has been able to appoint some staff one by one from October 1996 and the Commission thus became functional with limited staff only from December 1996.
The Chairman and Member-Secretary are based at Bangalore, while the other Member Mr.Justice P.K.Bahri (Rtd.) is, for the present, based in New Delhi to collect material from and interact with the Judicial Officers of the Northern States.
So much is about the commissioning of the commission.
The terms of reference to the Commission are all embracing. It is just not fixing the pay scales of and conferring certain benefits on the Judicial Officers. It is primarily concerned with restructuring the multiple cadres existing in most of the States into three uniform cadres in all States/Union Territories. This restructuring of the cadres could be done only after taking the respective High Courts into confidence in view of Article 235 of the Constitution. The Commission is concerned with recruitment, uniform pay scales, training, emoluments, work methods and work environment of Judicial Officers.
For appropriate consideration of the above matters, the commission has broadly categorised the terms of reference under the following four heads :
PART A : Cadre Restructuring and Recruitment :
Cadres, qualifications, methods of recruitment and training etc.
PART B : Conditions of Service :
Pay scales, emoluments, benefits, allowances, promotion and retirement benefits etc.
PART C : Work Methods and Work Environment
PART D : Other Matters
The Commission has a formidable task. It is on the virgin field and not on the trodden ground. It has no previous records or reports, data or information like the other National and State Level pay Commissions.
The Commission has to devise its own procedure for collecting the preliminary data or information for preparing the questionnaire. For the purpose of collecting and collating such data and information, it has to reach every State and Union Territory.
The Commission, however, did not await the establishment of its Office with the recruitment of staff to begin work. Nor did the Commission wait for the funds from the Central Government. On 31st July 1996, the Chairman of the Commission on his own addressed letters to the Chief Justices of all the High Courts requesting them to furnish certain data in a proforma relating to their respective subordinate judicial services. The information from the High Courts started trickling from September, 1996 and continued till the end of February, 1997. In the meantime, the Chairman visited New Delhi, Madras and Mumbai and had interaction with the Judicial Officers and their Associations on their problems and grievances.
The Commission’s recommendations will have far reaching implications. It is therefore considered necessary to ascertain the views of all the High Courts, State Governments, Central Government, Associations of Judicial Officers, City Civil Court Judges, Lawyers, Law Professors and Jurists across the country to formulate proper recommendations.
The Commission expects a lot from you. Your response will be a valued input to our decision-making process. Confidentiality of your views and suggestions would be ensured and it would be utilised only internally.
Your early response will be highly appreciated. Just a Single copy of your response typed in English would be welcome. It is not necessary that every question should be answered. The choice is entirely left to you. But your answer should be comprehensive and not in tit-bits like summary disposal of cases.
QUESTIONNAIRE
PART – A
CADRE RESTRUCTURING AND RECRUITMENT
Cadre Restructure
1. It is proposed to restructure the existing Judicial Service in all States/UTs uniformly into three cadres with the same designations as observed by the Apex Court
How many cadres are there in your State/UT? Please specify them and if there are more than three cadres, indicate how they could appropriately be assimilated into the said three cadres and designations without impairing the incumbents’ scales of pay, seniority, chances of promotion and other benefits.
2. In States like Tamil Nadu, Andhra Pradesh and West Bengal, the post of Chief Judicial Magistrate/Chief Metropolitan Magistrate is equated with the cadre of District Judge and in some other States, it is of the cadre of Civil Judge (Senior Division). According to you, to which cadre the post of Chief Judicial Magistrate/Chief Metropolitan Magistrate could appropriately be equated with having regard to the relative duties and responsibilities of the posts?
Qualification and Eligibility to Lowest Cadre
3. What are the minimum qualifications prescribed for recruitment to the lowest cadre in the Judiciary of your State/UT? Whether any additional benefit is conferred on the person possessing higher qualification and/or more number of years of practice than the prescribed minimum?
3.1 The Supreme Court has observed that three years’ practice at the Bar is a must for recruitment to lower judicial service. The Law Commission in its
Report Nos.14 and 116 has opined that short experience at the Bar is not useful and even fresh law graduates after being selected and trained for a year or so could become good Judges. What are your views in this regard?
3.2 Is it proper and necessary to extend the zone of selection to law graduates working in Courts and allied Departments? If you so desire, indicate the qualification and experience for their selection.
Authority to Select and Method of Selection
4. In some States, the recruitment to the lower judicial service is made by the State Public Service Commission while in others the recruitment is made by the High Court. In some States where recruitment is made by the Public Service Commission, invariably a sitting Judge of the High Court is associated. Who is the Authority for recruitment in your State? Who should be the proper Authority for such recruitment?
5. In some of the States/UTs, selection to the lower judicial service is made on the basis of written test and interview, while in some others only by interview. Are these methods satisfactory? Would you suggest a written test followed by an interview coupled with an aptitude test and group discussion as the basis for selection to the judicial service?
Proper Expression
6. Article 235 speaks of "District Courts and Courts subordinate thereto" and persons belonging to "Judicial Service of a State".
Article 236 (b) refers to the expression "Judicial Service" as consisting exclusively of persons intended to fill up the post of District Judge and other Civil Judicial Posts inferior to the post of District Judge.
Some states have dissected the Judicial Service into Higher Judicial Service and Lower Judicial Service.
What should be the appropriate expression to be used to cover the three cadres which the Commission is contemplating?
Direct Recruitment (Mixed Cadres)
7. In Gujarat, the middle cadre of Civil Judges (Senior Division) is a mixed cadre consisting upto 50% direct recruits and 50% promotees, while in State like Goa, the composition is 33% and 67%, and in other States, it is purely a promotional cadre. What according to you should be the composition of this cadre with a view to promote efficiency?
8. What are the qualifications prescribed in your State for direct recruitment to the cadre of District Judges?
8.1 The percentage for direct recruitment to the cadre of District Judges varies from State to State. In West Bengal, there is no direct recruitment to the cadre of District Judges. What is the position in your State? What according to you should be the proper percentage for such recruitment to avoid imbalance and impairment of the rights of the promotees?
8.2 It is complained that in some States, direct recruitment to the cadre of District Judges is made at the age of 32 to 35, prejudicially affecting the rights and prospects of the promotees. What are your views in this regard?
8.3 Do you think that the officers in the lower judicial service should be allowed to compete for direct recruitment to the District Judge cadre?
If so, what should be the experience in service for such Officers and how Article 233 of the Constitution of India should be amended? Explanation (aa) to Sub/Article (2) of Article 217 may be noted in this context.
8.4 Has any weightage been given in your State/UT in terms of increments and/or retirement benefits for direct recruits to the cadre of District Judges who possess more than the minimum number of years of practice at the Bar?
Litigation on Inter-se-Seniority
9. In Some States/UTs, there is a lot of litigation between the direct recruits and the promotees on the question of inter-se-seniority. Why such litigation has arisen? Please suggest the remedial measures to avoid such litigations.
Training
10. The Commission attaches great importance to training of Judicial Officers in Court Management and Case Management. There is no uniformity in giving training to the newly appointed Judicial Officers. In some States, the training institute has been set up for the purpose. In other States, respective High Courts arrange some ad hoc training to new entrants. What should be the period of training, method of training and the subjects for training?
10.1 Do you think it is necessary to have periodical orientation and/or refresher courses for the Judicial Officers? If so, what should be the method and period of such courses?
Civil Court Acts
11. Almost all States/UTs have their own Civil Court Acts providing jurisdictions and powers of Courts. But there is no uniformity regarding these matters. It is considered necessary to bring about uniformity in respect of jurisdictions and powers of the three cadres which the Commission is envisaging.
Please suggest as to how such uniformity could be brought about. Please enclose your Civil Court Act and indicate the proposed amendments.
City Civil Court
12. Is there City Civil Court in your State/UT? In cities like Mumbai and Ahmedabad, the Judges of the City Civil Court form a separate cadre though certain percentage of the cadre is filled by transfer from the general cadre, but not vice-versa. In cities like Bangalore, Hyderabad and Calcutta, the City Civil Court Judges form part of the general cadre. Please set out the merits and demerits of these systems and indicate your preference.
12.1 Would you suggest that the Registrar of the City Civil Court should be a Judicial Officer with powers to dispose of specified miscellaneous matters?
Representation to the High Court
13. It is complained from some quarters that the representation to the Subordinate Judiciary in the High Court is not adequate. What is the position in your High Court? What is the percentage of the Judge strength in the High Court earmarked for the Subordinate Judiciary? Is this being implemented?
Family Courts
14. What is the procedure followed for recruitment of Judges to the Family Courts in your State/UT?
14.1 What is the pay scale of Family Court Judges in your State/UT? Is it different or on par with the corresponding post in the general cadre in the judiciary?
15. Different States appear to have framed different Rules under the Family Courts Act, 1984 regarding the conditions of service of Family Court Judge. Since Family Court Judge has similar jurisdiction in all the States with almost same powers, is it not proper and necessary to have uniform conditions of service to Family Court Judges? Let the Commission have your views in the light of the provisions in the Family Courts Act. Please also furnish copies of the Rules framed by your State/UT under Article 309 of the Constitution read with Sections 4 and 23 of the said Act.
PART- B
CONDITIONS OF SERVICE
STRUCTURE OF PAY, ALLOWANCES, BENEFITS, PROMOTION AND RETIREMENT BENEFITS :
Pay Scales
16. What are the existing pay scales for Civil Service Cadres in your State/UT and which of them have been extended to the respective judicial cadres, and the date from which the said pay scales have been given effect to?
Briefly indicate the deficiencies, disparities or anomalies, if any, in the existing pay scales of the Judicial Officers in your State/UT.
Revision of Pay Scales
17. The Supreme Court has emphasized the desirability of prescribing uniform pay scales to judicial cadres all over the country and they need not be linked with the pay scales of the Administrative Executives.
What then are the relevant criteria, principles and parameters for determining the pay scales of lowest cadre, intermediate cadre and higher cadre in the judicial service?
17.1 What should be revised pay scales for the aforesaid three cadres?
18. What are your views on the following:
i) Should time scales of pay be reasonably long or should there be telescopic scales (a reasonable portion at the top of the lower scale being equated to like length at the bottom of the next higher scale).
ii) What should be the rate and frequency of increments for each pay scale ?
iii) How should pay be fixed in the revised pay scales?
iv) What should be the date of effect of the revised pay scales?
v) Should there be Efficiency Bar? If not, indicate as to how to promote efficiency.
19. It is suggested that is better to have fixed amount as monthly salary for the Judicial Officers like that of Judges of the City Civil Court, Ahmedabad, Judges of the Supreme Court and High Courts instead of having a running scale of pay. In case you find yourself in agreement with the above suggestion, what should be the reasonable consolidated monthly pay for each of the three cadres which the Commission is envisaging?
20. It is also suggested that a provision be made, if necessary, to provide 10% increase in consolidated salary at the discretion of the competent authority for meritorious performance. What are your views in this matter?
Time-Bound Pay Scale
21. In States like Madhya Pradesh and West Bengal, there are Selection Grade, Supertime Scale and ‘Above Supertime Scale’ related to number of years of service in the cadre of District Judges.
In the State of Andhra Pradesh, the Civil Judges (Junior Division) are entitled to a time-bound scale after 8 years of service and a special promotional post in a higher scale after 16 years of service, if stagnated in the same post. In Haryana State, there is senior scale after 5 years and Selection Grade after 12 years of service. In Punjab State also such scales are given after 8 and 18 years of service. In Uttar Pradesh, there is higher scale after 5 years of service.
In West Bengal, Himachal Pradesh and Madhya Pradesh, I.A.S. Pay Rules of 1954 as amended up-to-date are made applicable to Higher Judicial Service.
What are your suggestions for allowing time-bound pay scales for career progression. Should it be provided to every cadre? If so, please justify with cogent reasons and suggest such time-bound pay scales and eligibility period for such entitlement.
Pay Scale of City CIvil Court Judges
22. In State like Maharashtra, the pay scales of the Judges of the City Civil and Sessions Court at Mumbai are relatively higher than that of Judges of the Mofussil Courts. Is there any such difference in your State? How do you Justify this difference? Can such difference be validly sustained in the new dispensation of three cadres?
Dearness Allowance
23. What is the formula for grant of Dearness Allowance in your State and what was the rate of Dearness Allowance as on 1-1-1996? (Copy of the latest Government Order sanctioning Dearness Allowance may be furnished).
23.1 Does the existing system of grant of Dearness Allowance to Judicial Officers in any way operate unjustly in any cadre? The purpose of granting Dearness Allowance being the same to everybody, would you suggest that there should be full neutralisation of the cost of living index at all levels?
23.2 How is Dearness Allowance sanctioned ? Yearly, half yearly or on any other interval?
23.3 Should Dearness Allowance or any portion thereof be merged with basic pay for any purpose?
Allowances
24. What are the allowances available to Judicial Officers in each cadre in your State/UT?
(The relevant Government Orders relating thereto may be furnished)
25. Are the Judicial Officers in your State/UT provided with any benefit in kind at the cost of the State? Is electricity and water supplied free of cost? What are your suggestions?
Home Orderly
26. Are the Judicial Officers provided with Home Orderly? Instead, would you suggest cash payment to Judicial Officers to engage Home Orderly of their choice.
Newspaper
27. It is suggested that one National and one local newspaper be provided to every Judicial Officer at the cost of the State. Do you justify this proposal?
Compensatory Allowance
28. What is the principle upon which the City Compensatory Allowance is paid? Is there any need to change the basis of classification of Cities and the rates of city compensatory allowance. The allowance being given as compensation of certain cities’ problems, should it not be uniform for all Officers working in such cities?
Robe Allowance
29. Some Associations want payment of Robe Allowance to Judicial Officers. There are views to the contrary also. What is your considered opinion?
Conveyance
30. The Supreme Court has observed that barring District Judges/Chief Judicial Magistrates/Chief Metropolitan Magistrates, the rest of the Judges should be provided with pool vehicles-one vehicle for five Officers. Has this been implemented in your State/UT? Is there any problem or inconvenience in this method of transportation? Opinions and suggestions on this matter are welcome.
30.1 If a Judicial Officer owns a car, how much petrol allowance may be provided for the use of his car for office purposes?
Sumptuary Allowance
31. It is suggested from some quarters that a tax-free Sumptuary Allowance should be given to all cadres of Judicial Officers. Please indicate the quantum and the need to grant such allowance bearing in mind the observations of the Supreme Court in that respect.
32. What are your suggestions regarding the conditions of eligibility for the following allowances?
i) Hill Allowance
ii) Fuel Allowance
iii) Risk Allowance
What amount of allowance would you propose for each category?
Medical Facilities
33. What is the existing procedure for availing of medical facilities to Judicial Officers and members of their families? (Kindly furnish the relevant Government Orders in this regard). Do you consider this procedure cumbersome and time-consuming? If so, please suggest a simplified procedure for reimbursement of the medical expenses.
L.T.C/H.T.C
34. What are the provisions regarding L.T.C. and H.T.C to Judicial Officers in your State/UT? Please furnish the particulars cadre-wise.
34.1 Is it advisable to replace L.T.C. with payment of a fixed sum with forced leave for a specified period?
34.2 There are some suggestions to carry forward L T.C to be utilised after retirement so that on the eve of retirement, the Court work is not affected and the Officers may concentrate more on the judicial work and leisurely travel after retirement. There are also suggestions to encash the unutilised L.T.C.
Which do you prefer? Your choice should be rested on the public interest.
Special Pay
35. In some States like Assam, Haryana, Kerala, Maharashtra, Gujarat, West Bengal, Goa and Jammu & Kashmir, varying Special Pay is paid to certain categories of Judicial Officers. What according to you should be the consideration for determining the posts to which Special Pay could be attached? Is it not advisable to provide Special Pay only to those posts which in addition to the judicial work, have administrative work as well?
35.1 It has been suggested that certain compensatory amount be paid to an Officer who is posted beyond 500 kilometers from his Home Town. How much would you suggest? Would you also suggest special pay to those who are posted in rural areas?
Concurrent Charge Allowance
36. It is found that frequently Judicial Officers are required to hold concurrent charge of other Courts. Do they turn out additional work beyond the quota prescribed? How much charge allowance is being paid? Is there any justification to enhance it?
Encashment of Leave
37. What are the existing rules relating to encashment of leave? How much leave is permitted to be encashed and at what intervals? Whether any leave is simultaneously required to be surrendered? Please furnish the relevant Rules/Notification with your suggestions for modification of the existing formula.
Leave Salary
37.1 The Judicial Officers generally do not avail of leave in routine course or just to exhaust the leave at their credit. The Commission considers that the practice of not availing of leave every year must be encouraged in the public interest. Instead, the Judicial Officers may be allowed to encash, one month’s or fifteen days’ leave every year, tax-free. Would you welcome this measure?
Golden Hand-Shake Scheme
38. It is suggested that the Judicial Officers may be provided with Golden Hand-Shake Scheme. If considered proper and necessary, please set out the terms of such a scheme.
Voluntary Retirement
39. What are the provisions in the Voluntary Retirement Scheme available to Judicial Officers? Any weightage is given for the remaining service for computing the terminal benefits? Please furnish the relevant rule / Order with your suggestions for improvement.
Retirement in Public Interest
40. What are the terms and conditions for Compulsory Retirement of Judicial Officers in public interest? (Please furnish the relevant rule).
Death in Harness
41. What are the monetary and other benefits extended to the family of a Judicial Officer dying in harness? Is it just and reasonable? Have you got any alternate proposal to keep such family free from hardship?
Housing
42. The Supreme Court has observed
it should be the obligation of the State Government at the instance of the HighCourt to provide requisitioned accommodation with provision for ‘Home Office’ for every Judicial Officer according to his entitlement and recovery of not more than 12
1 % of the salary of the Officer towards rent should be made and the balance should be met by the State Exchequer. Is this being followed in your State / UT?42.1 It is suggested by some that it is necessary in the public interest that all Judicial Officers in every State / UT be provided with rent free Government accommodation according to their entitlement as a condition of service. How do you justify this proposal? Would it not come in conflict with the aforesaid observations of the Supreme Court? (Note : In States like Bihar, Haryana, Orissa and Punjab, certain categories of Judicial Officers are provided with rent free accommodation).
42.2 It is suggested that those Judicial Officers who are on their own or who do not avail of Government quarters may be given a lumpsum tax-free House Rent Allowance depending upon the cadre of the Officer. How much would you suggest as House Rent Allowance in such cases?
42.3 Who looks after the maintenance of the accommodation provided to Judicial Officers? Whether it is Public Works Department or Judicial Department? Is there any deficiency in the service?
43. What are the facilities available for Judicial Officers in your States/UT to own house/site at a place of their choice for settling after retirement? What Scheme do you suggest to secure loan either from the Government or from the financial institutions for construction of houses at a concessional rate of interest?
Promotion
44. How many promotions a Judicial Officer in your State at the lowest cadre normally gets during his tenure of service and at what intervals? Work out the realities with concrete examples.
44.1 Does he invariably reach the highest cadre in the Judicial Service before retirement? If not, at what level does he stagnate and let the commission have your suggestions to avoid stagnation?
44.2 Should promotion be based on selection by merit alone or seniority-cum-merit? Please give reasons for preferring one or the other.
Out of Turn Promotion
45. The Commission considers that in this competitive world, with the liberalised economy, it is necessary to recognise and encourage efficient, hard working and transparently honest Judicial Officers, by providing them out of turn promotion. If so advised, please suggest the effective method by which such Officers could be selected for the purpose without giving any scope for dissatisfaction to those who are left out.
45.1 In the State of Maharashtra, there is a provision that Civil Judge (Junior Division) / Civil Judge (Senior Division) / Chief Judicial Magistrate / Additional Chief Judicial magistrate of not less than seven years standing could be straight-away promoted to the post of Additional District Judge by selection purely based on merit. Is this being followed in your State? Is it advisable to incorporate this principle in the three tier system which the Commission is contemplating ?
Assessment and Grading of Officers
46. The Supreme Court in the recent Judgment - State of Rajasthan Vs. Sriram Verma (1996) 6 SCC 493 at 500 has suggested to all Governments to provide either by amendment of the Rules or the general instructions that in the matter of promotions on the basis of merit or merit-cum-seniority, the selection authority should follow the method of grading all the Officers (in the Executive Branch).
Is it not desirable that the said procedure of grading be followed as a continuous measure for assessing the merit and performance of Judicial Officers for all purposes? Please give the relative merits and demerits of the existing system of maintaining confidential records and the proposed grading system.
Facilities for Transferred Officers
47. Upon transfer, what is the tariff governing the transportation of personal effects ? Set out cadre-wise and furnish the relevant Government Orders. What are your suggestions in this behalf?
47.1 Is there any transit accommodation provided to Judicial Officers upon transfer? If not, what are the other facilities provided to a transferred Officer and his family till he is given a residential accommodation?
47.2 What facilities are provided to a transferred Judicial Officer for admission of his children to educational institutions? What are the difficulties in this regard? Do you have any practical suggestions to overcome the difficulties?
RETIREMENT BENEFITS
Age of Superannuation
48. The Supreme Court has observed2 that while the superannuation age of every Judicial Officer shall stand extended upto 60 years, the benefit of the extended superannuation age from 58 to 60 shall be given to a Judicial Officer found fit and eligible by the respective High Court after assessing and evaluating the record of the Judicial Officer in accordance with the
procedure for compulsory retirement under the Service Rules before he attains 58 years.
There are views for and against the said practice. Let the Commission have your considered opinion on the said matter.
48.1 Your views are also invited on the following :
i) The proper age of superannuation, and
ii) Conferring discretion on the High Court to give extension of service beyond the age of superannuation to deserving Officers.
Superannuation Pension
48.2 What is the maximum pension allowed to Judicial Officers in your State and what is the qualifying service required for it? Have you got any alternate proposal, which is consistent with the general policy of the State?
Commutation of Pension
48.3 How much pension is allowed to be commuted? At present, commuted pension gets restored after completion of 15 years which period is said to have been fixed on scientific basis. How do you then justify the reduction of that period?
Terminal Gratuity
48.4 What are the rules relating to payment of terminal gratuity? What is the maximum gratuity payable? Please furnish the relevant rules.
Encashment of Leave
48.5 What are the rules in your State governing encashment of leave upon retirement? How much leave is permitted to be encashed? Please furnish the relevant rules.
Family Pension
48.6 What is the rule relating to Family Pension? What is the maximum Family Pension allowed?
(Please furnish the relevant rules.)
Do you propose uniformity in the aforesaid matters in all States / UTs?
Medical Facilities
49. Need for medical care is accentuated in old age after retirement. What Scheme for Medical Benefits do you propose for retired Judges and their dependants?
PART - C
WORK METHODS AND ENVIRONMENT
Hours of Work and Timings
50. What are the Court timings in your State? International Labour Organisation has fixed 40 hours of work per week as the international work norm. How many hours per week do the Courts work? How many working days are lost in a year by strike or boycott of Courts? Are such loss of working days made good by compensatory work?
51. At present, considerable time is taken for "Calling work" both in Civil Court and Criminal Court. What are your suggestions for utilisation of more time for improving the quality and quantity of regular work?
Pre-Trial Stage
52. Order X of the Code of Civil Procedure deals with oral examination of the parties with regard to the admissions and denials of the allegations of facts as are made out in the plaint or written statement; Order XI of CPC deals with the discovery and inspection of documents after delivery of interrogatories in writing for the examination of the opposite parties and Order XII of CPC deals with admitting truth of the whole or any part of the case of any other party after giving notice and also calling upon other party to admit documents. Do trial Courts make use of these provisions before embarking upon the regular trial of a Civil Suit?
Please set out the procedural or other hindrance experienced for not following the aforesaid procedure.
52.1 Why pre-trial procedure in every case should not be made mandatory and why a case which is ripe for evidence, should not be taken continuously on day-to-day basis after fixing a date for Trial?
52.2 Why a party non-co-operating in the pre-trial procedure should not be directed to pay costs?
Arbitration and Conciliation Act, 1996
53. Are the Provisions of the Arbitration and Conciliation Act, 1996 are taken advantage of for Alternate Dispute Resolution? What support is necessary to take assistance of the provisions of the said Act?
53.1 An alternative forum viz., Conciliatory Court for Dispute Resolution has been established in Himachal Pradesh and it is working satisfactorily. Why not such Court be established in every State-Cities and Districts?
Written Arguments
54. Section 314 of the Criminal Procedure Code provides for submitting written arguments supplementing the oral submission. But there is no similar provision in the Code of Civil Procedure. Is it not better to have similar provision for disposal of civil cases? If desired, please indicate the necessary amendments to the Code of Civil Procedure providing for written arguments.
False and Frivolous Cases
55. What are your suggestions to forbid the institution of frivolous and false cases? What powers are required to prevent certain persons to use Courts as instruments of oppression against innocent party?
55.1 Is the existing provision for taking action against those who give false evidence adequate? Is it deterrent enough? What are your suggestions in this regard?
Computerisation
56. The introduction of Computers has brought about sea-change in the work and efficiency in various activities. Are the Courts in your State / UT equipped with Computers for Court Management and Case Management?
Xerox
57. Are all the Courts in your State / UT provided with Xerox Machine?
Stenographers
58. Is the Stenographer required to attend Home Office of the Judicial Officer? Is there a pool of Stenographers in the District Court of City Civil Court from which the Judicial Officers can draw them to meet any additional work?
Court Staff
59. Who has control over the Court Staff where cluster of Courts is located? Is the Presiding Officer of each Court competent to take disciplinary action against erring staff of his Court? How do Judicial Officer otherwise command obedience from them? Should there be amendment to CCA Rules?
59.1 What is the position in your State / UT regarding the Staff Pattern in Civil and Criminal Courts? Please furnish the relevant extract of Civil & Criminal Court Manuals providing for the staff pattern.
59.2 Do the Courts have adequate Staff?
Quota for Disposal
60. What is the quota prescribed for disposal of cases (in terms of unit) to each cadre? (Please give the components of each unit to each cadre). Is there separate quota for City Civil Court Judges and the Presiding Officers of other Courts? (Please set out the difference, if any).
Building
61. Are the Courts at Tehsil / District Level are properly maintained and adequately furnished? Please narrate the deficiency if any and suggest remedies.
61.1 Do the Courts have any separate place for Under-Trial Prisoners awaiting their cases?
61.2 Recently, the infrastructure of Courts has been made a planned item. To what extent, has this improved the situation?
61.3 Do you have enough contingent fund for office expenses and to pay electricity, water and scavenger charges for each Court?
Telephone
62. Have Taluka / Tehsil level Courts been provided with telephones? What about telephone to the residence of Presiding Officers? Do they require it? If so, how it can be used for personal requirements?
Location of Courts
63. It is suggested that Subordinate Courts, Civil and/or Criminal in Metropolitan Cities may be located in each developed area on the same lines as planning of Schools, Post-Offices, Banks, Police Stations, Markets etc., for the convenience of the public. What are your views?
Pecuniary Jurisdiction
64. Having restructured the cadres with uniform pay scales in every State / UT, is it not reasonable and necessary that the pecuniary jurisdiction of each Cadre also must be made uniform removing the original jurisdiction of some of the High Court in Civil cases?
Library
65. What are your suggestions regarding the Judges’ Library at the District Court, Tehsil level Court? What are the Law Reports being supplied to the said Library? Are the Judicial Officers largely depending upon Advocates for producing Books, Journals and Acts in a given case?
65.1 What about the residential Library of Judicial Officers? What are the Texts and Journals that are regularly supplied to the individual Judges?
Vacation and Deputation
66. The Judicial Officers working on the Civil side in some States are entitled to have two or three Court vacations in a year not exceeding 60 days. They do not have the benefit of Earned Leave.
In some States, the Judicial Officers working exclusively in Criminal Courts cannot avail of vacations but are entitled to Earned Leave.
Judicial Officers in some States deputed to Labour Courts, Administrative Tribunals, Revenue Appellate Tribunals and other Departments are not entitled to avail of vacations but are entitled to Earned Leave.
In some States, Judicial Officers working in combined Courts are given the benefit of vacation not exceeding 15 days in addition to Earned Leave.
What are the additional facilities in kind or cash provided to Judicial Officers working on deputation in your State / UT?
What are your suggestions in the aforesaid matters to bring about uniformity?
Pendency in Courts
67. One of the factors for increase in the pendency in Courts is non-establishment of requisite number of Courts and delay in filling the vacancies and inadequate infrastructure in the Courts. What remedial measures do you suggest to have uninterrupted work in all Courts?
67.1 It is said that generally the Criminal cases are not taken up for trial for want of service of summons in time and for the absence of either Prosecutor or Defence Counsel. How to improve the situation?
Special Judicial Magistrates
68. The Special Judicial Magistrates are appointed under Sections 13 and 18 of the Criminal Procedure Code to deal with specified cases. Are they retired Judicial Officers or retired Government Servants? What is your experience in regard to functioning of such Magistrates?
Public Confidence
69. It is generally said that the performance of the subordinate Judiciary is at a low ebb and public confidence has gradually eroded. What are the contributing factors? What are your suggestions to overcome such factors and to improve public confidence?
69.1 Would you suggest any role to the Judicial Officers’ Association to promote efficiency and honesty of its members in the justice delivery system?
69.2 Is there any Vigilance Cell in the High Court? Are the Police Officers associated to investigate into complaints against Judicial Officers? What are your suggestions in this regard?
69.3 Has the High Court framed rules for inquiry and disposal of complaints against Judicial Officers by the Vigilance Cell? (If so, please furnish a copy of the same.)
69.4 It is found that complaints are not only against erring Officers but also sometimes against honest and strict Officers. What is the procedure to be followed by the Vigilance to ensure that honest and strict officers are not proceeded on incorrect and/or motivated information?
PART - D
OTHER MATTERS
All India Judicial Service
70. The States Reorganisation Commission has observed that creation of All India Service would be a major compelling necessity for the Nation and it has suggested that a proportion of the Higher Judiciary should be recruited by competitive examination at All India Level so as to attract the best of our young graduates to the Judicial Service. The Law Commission of India has in its 14th Report emphasised the need to establish the All India Judicial Service. The Supreme Court has unequivocally stated
2 that it is in the interest of the health of the judiciary throughout the country that an All India Judicial Service should be constituted. The Supreme Court has, however, left the matter to the Union of India to undertake quickly appropriate exercise in that regard. Please set out the qualifications and method of recruitment to All India Judicial Service?70.1 What should be the nature and period of training for persons recruited to All India Judicial Service before they are inducted into the regular cadre?
70.2 The Law Commission in its 116th Report has suggested that 40% of the sanctioned strength of posts of All India Judicial Service shall be filled in by direct recruitment on the result of competitive examination to be held by a body styled as ‘National Judicial Service Commission’. Of the remaining 60% of the posts, 40% shall be filled in by promotion from the State Judicial Service and the remaining 20% of the posts shall be filled in by direct recruitment from amongst the senior and experienced members of the Bar who have put in not less than seven years of practice. What are your proposals in this regard?
70.3 What should be the pay scales of the posts in All India Judicial Service? Should it be a separate scale or common scale of their counterparts in the Judicial Service?
71. In the light of the Judgements of the Apex Court,
1&2 it is suggested from some quarters that it is more appropriate to bring the entire judicial system, Administration of Justice, Constitution and Organisation of all Courts as a Central subject under List I of the VII Schedule to the Constitution. What are your views? (Your attention is drawn to entries 77 and 78 of List I, entry 65 of List II and entry11-A of List III).72. In U.S.A. a separate Judicial Council comprising of Chief Justice and Senior Judges of the Supreme Court and representatives from District Court Judges exists as a National Policy Making body for the Judiciary and also to lay down the rules for work Environment of the Judiciary and also procedural rules for curtailment of delay in disposal of the cases. Do you consider that a similar institution with appropriate composition including the Chief Justices of the High Courts would be desirable and profitable to our judicial administration?
73. The Apex Court has emphasised that "a Judge ought to be wise enough to know that he is fallible........therefore, ever ready to learn and be courageous enough to acknowledge his errors........deal with his appointment as a public trust; he should not allow other affairs or his private interests to interfere with the prompt and proper performance of his judicial duties, nor should he administer the office for the purpose of advancing his personal ambition or increasing his popularity."
How to achieve the above objects? Let the Commission have your suggestions in the form of Conduct Rules for Judicial Officers.
74. If there is any other matter you consider relevant to the terms of reference to the Commission, kindly state it with your views and suggestions.
a a a a a
1. AIR 1992 S.C. 165.
2. AIR 1993 S.C. 2493.