Second National Judicial Pay Commission Final Report -Extracts

 

Second National Judicial Pay Commission Final Report

Second National Judicial Pay Commission submits its Report

The Second National Judicial Pay Commission has filed the main part of the Report in 4 volumes covering the subject of Pay, Pension and Allowances, in the Registry of the Supreme Court on 29.01.2020.

The Commission has been constituted pursuant to the Order of the Supreme Court in All India Judges Association case and the Government of India, Ministry of Law & Justice issued a Notification dated 16.11.2017 in this regard.

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

The Interim Report was submitted by the Commission in 2018.

The salient recommendations are:

PAY

The Commission having considered various alternative methodologies 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. @ 3% cumulative has been applied.

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/-.

The percentage of Selection Grade and Super Time Scale District Judges proposed to be increased by 10% and 5% respectively.

The revised pay and pension will be effective from 01.01.2016. Arrears will be paid during the Calendar year 2020 after adjusting the interim relief.

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 will 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 will be increased by 25% when the DA reaches 50%.

Nodal officers will 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, will 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 will be granted to pensioners and family pensioners also.

Certain new allowances viz. children education allowance, home orderly allowances, 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.

The recommendations made by the Commission are applicable to the Judicial officers throughout the country.

Supreme Court will have to issue directions regarding the implementation of recommendations after hearing the stakeholders.

Source: PIB (06 February 2020)

2nd National Judicial Pay Commission

The Supreme Court of India on 09.05.2017 in Writ Petition No.643/2015 directed to appoint a Judicial Pay Commission to review the pay scales, emoluments and service conditions of the Judicial Officers of Subordinate Judiciary in India. Accordingly, with the approval of the Cabinet, the Government notified setting up of the SNJPC on 16.11.2017 under the Chairmanship of Mr. Justice (Retd.) P.VenkataramaReddi, former Judge of Supreme Court of India.

Member- Mr. Justice (Retd.) R. Basant, former Judge of Kerala High Court.

Member Secretary (to be chosen by the Commission, preferably a Judicial Officer).

SNJPC has submitted their report to this Department on dated 04.02.2020. A copy of report has been submitted to Supreme Court of India and to State Governments. The recommendations of SNJPC are under consideration of Supreme Court of India. This Department has filed its views/comments on the recommendations of SNJPC in the Supreme Court of India on 22.06.2020.

The recommendations of SNJPC shall be considered by this Department in respect of judicial officers of the Union Territories in consultation with Department of Expenditure, Ministry of Finance and necessary orders will be issued to Union Territories to revise the pay and allowance of Judicial Officers under their administrative control.

Revised Rates of Salary, Allowances, and Pension of Supreme Court and High Court Judges w.e.f. 01.01.2016

DesignationSalaryPensionGratuity
Chief Justice of IndiaRs.2,80,000/-p.m.Rs.16,80,000/- per annum
+Dearness Relief
Rs.20,00,000/-
Judges of Supreme CourtRs.2,50,000/-p.m.Rs.15,00,000/- per annum
+Dearness Relief
Rs.20,00,000/-
Chief Justices of High CourtRs.2,50,000/-p.m.Rs.15,00,000/- per annum
+Dearness Relief
Rs.20,00,000/-
Judges of High CourtRs.2,25,000/-p.m.Rs.13,50,000/- per annum
+Dearness Relief
Rs.20,00,000/-

Allowances

DesignationFurnishing
Allowance
HRASumptuary Allowance
Chief Justice of IndiaRs.10,00,000/-24% of Basic SalaryRs.45,000/-
per month
Judges of Supreme CourtRs.8,00,000/-24% of Basic SalaryRs.34,000/-
per month
Chief Justices of High CourtRs.8,00,000/-24% of Basic SalaryRs.34,000/-
per month
Judges of High CourtRs.6,00,000/-24% of Basic SalaryRs.27,000/-
per month

Further increase of HRA @ 27% when Dearness Allowance (DA) crosses 25% and @ 30% when DA crosses 50% has also been agreed to by Cabinet.

The Salaries, Pension and Allowances of the Supreme Court Judges are charged upon the Consolidated Fund of India, whereas the Salaries and Allowances of the High Court Judges are charged upon the Consolidated Fund of the States and the Pension is charged on the Consolidated Fund of India.


Also Check: page 88
15.3 The Commission further recommends that the benefit of
increment due on the next date following retirement shall be paid to the
retired Judicial Officer. In other words, the completion of one full year of
service shall be the criterion for sanctioning the next and last increment as far
as retiring Judicial Officers are concerned. For example, if the date of
increment is 1st July of every year, the Judicial Officer retiring on 30.06.2019
shall be eligible to get the increment due on 01.07.2019 notwithstanding the
fact that the Judicial Officer ceased to be in service on 01.07.2019. That
increment shall be for the purposes of pension only and shall be subject to
the vertical ceiling of Rs.224100/-. In fact, this is the view taken by Madras
High Court in more than one case, the latest being W.P. No. 15732/2017
disposed on 15.09.2017. It appears that the same view was taken by
Chhattisgarh High Court in W.P.S. No. 9467/2019. The Commission feels that
this is a just and reasonable approach to be adopted, though on a strict literal
interpretation of the rule, the other view point is possible.

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