In a recent turn of events, the Supreme Court has authorized state governments to settle the outstanding payments for judges based on augmented pay structures recommended by the Second National Judicial Pay Commission (SNJPC). The Supreme Court has embraced a majority of these recommendations, setting a deadline for disbursements by February 29, 2024.
Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, issued the directive, urging all states and union territories to promptly adhere to the specified guidelines. The disbursements include arrears of salary, pension, and allowances owed to judicial officers, retired judicial officers, and family pensioners.
The recent judgment, titled “All India Judges Association v. UoI and Ors.,” extensively delves into the allowances proposed by SNJPC. Here, we unravel the key highlights encapsulated in the recommendations:
1. **House Building Advance (HBA):**
SNJPC recommends extending HBA to judicial officers for the purchase of ready-built houses from private individuals, subject to state-prescribed safeguards.
2. **Children Education Allowance (CEA):**
Starting from the academic year 2019-2020, the recommendations include a monthly CEA of Rs 2,250 and a hostel subsidy of Rs 6,750 per month for two children up to Class 12, with double reimbursement for children with special needs.
3. **Conveyance/Transport Allowance (TP):**
Notable recommendations involve dispensing with the pool car service, extending eligibility for official vehicles to additional judicial functionaries, and allowing judicial officers to display a ‘Judge’ sticker on their vehicles.
4. **Higher Qualification Allowance:**
Judicial officers obtaining post-graduate or doctoral degrees in law will receive three advance increments, with an additional increment for acquiring a Doctorate in Law.
5. **Hill Area/Tough Location Allowance:**
Judicial officers in hill areas or tough locations will receive a monthly allowance of Rs. 5000, along with the extension of more beneficial provisions already applicable to state/UT officials.
6. **Home Orderly/Domestic Help Allowance:**
Recommendations include home-cum-office orderly allowance based on minimum wages, varying for District Judges and Civil Judges.
7. **House Rent Allowance and Residential Quarters:**
Urgent construction of residential quarters for Judicial Officers is recommended, and progress is to be monitored by the Court. Judicial officers must be provided accommodation within one month of taking charge, and if not, they may secure private accommodation with stipulated rent terms.
8. **Medical Allowance:**
Fixed medical allowance has been increased to Rs 3,000 per month for serving judicial officers and Rs 4,000 per month for pensioners and family pensioners since January 1, 2016.
9. **Risk Allowance:**
Judicial officers in Jammu & Kashmir and insurgency-affected North East States will receive risk allowance at the same rate as civilian government officials in those areas.
10. **Special Pay for Administrative Work:**
Special Pay for Administrative Work has been recommended for judicial officers with administrative responsibilities beyond regular working hours.
11. **Transfer Grant and Other Allowances:**
The recommendations include composite transfer grants, allowances for newspapers and magazines, and a robe allowance payable once in three years.
In conclusion, the Supreme Court has mandated High Courts to form a committee, named ‘Committee for Service Conditions of the District Judiciary,’ to oversee the implementation of these reforms. The comprehensive judgment breathes new life into the judicial allowances framework, aligning it with contemporary needs and challenges.
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