MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Department of Justice)

RESOLUTION

NEW DELHI, the 21st March, 1996

No. L19013/3/94-Jus. € The Supreme Court of India vide its judgment delivered on 13-11-91 in W.P. No. 1022 of 1989 - All India Judges Association Vs. Union of India and Others had directed inter alia that :-

"As and when the Pay Commission / Committees are set up in the States and UTs; the question of appropriate pay scales of Judicial Officers be specifically referred and considered."

In its subsequent order on 24-8-93 in Review Petition No. 249 of 1992, the Supreme Court directed that :-

"Further since the work of the Judicial Officers throughout the country is of the same nature the service conditions have to be uniform. We have also emphasized earlier the necessity of entrusting the work of prescribing the service conditions for the Judicial Officers to a separate Pay Commission exclusively set up for the purpose. Hence 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."

2. In pursuance of the above direction of the Supreme Court of India, it has been decided to appoint the First National Judicial Pay Commission comprising the following :-

1. Chairman - Shri Justice K.J. Shetty

2. Member - Shri Justice P.K. Bahri

3. Member-Secretary - Shri K.R. Chamayya

 

3. The terms of reference of the Commission will be 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 / UTs 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 service vis-a-vis other civil servants.

(c) To examine and recommend in respect of minimum qualifications, 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 Others cases may be kept in view.

    1. 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.

 

4. The Commission will devise its own procedure and may appoint such advisers, institutional consultants and experts as it may consider necessary for any particular purpose. It may call for such information and take such evidence as it may consider necessary. All State Governments, UT Administrations and the Ministries / Deptts. of the Central Govt. will furnish such information, documents and other assistance as required by the Commission.

5. The Commission will make its recommendations as soon as feasible. It may consider, if necessary, sending reports on any of the matters as and when the recommendations are finalised. It shall make its recommendations to the State Governments.

Ordered that the Resolution be published in the Gazette of India.

Ordered also that a copy of the Resolution be communicated to the Ministries / Deptts. of the Govt. of India/ State Govts. / UT Administrations and all other concerned.

 

Sd/-

H.H. TYABJI

Additional Secretary

 

------------------------------------------------------------------------- -------------------------------------------------

 

TO BE PUBLISHED IN EXTRA-ORDINARY GAZETTE OF INDIA

(PART I € SECTION) ______________________________________________________________

MINISTRY OF LAW AND JUSTICE

(Department of Justice)

RESOLUTION

New Delhi, the 27th August, 1996

No.L.19013/3/94-JUS:- Whereas the First National Judicial Pay Commission was appointed by a Resolution No.L-19013/3/94/JUS. Dated the 21st March, 1996 published on the 22nd March, 1996 at pages 2 and 3 in the Gazette of India, Extraordinary Part I-Section I;

And whereas the paragraph 2 of the said Resolution specified the following composition of the First National Judicial Pay Commission, namely:-

(1) Chairman - Shri Justice K.J.Shetty

(2) Member - Shri Justice P.K.Bahri

(3) Member-Secretary - Shri K.R.Chamayya

And whereas Sri K.R.Chamayya has resigned from the office of the Member Secretary in the First National Judicial Pay Commission and the same has been accepted by the Central Government with immediate effect;

And whereas, the Central Government has approved the appointment of Shri Justice A.B.Murgod (Retired) in place of Shri K.R.Chamayya as Member Secretary in the First National Judicial Pay Commission;

Now, therefore, the Central Government hereby makes the following amendment in the Resolution of the Government of India, Ministry of Law, Justice and Company Affairs (Department of Justice No.L-19013/3/94/Jus. Dated the 22nd March, 1996, namely;

In the said Resolution, in paragraph 2, for serial number 3 and the entries relating thereto, the following serial number and entries relating thereto shall be substituted namely:-

"(3) Member Secretary - Shri Justice A.B.Murgod (Retired)".

 

ORDER

Ordered that the Resolution be published in the Gazette of India;

Ordered also that a copy of the Resolution be communicated to the Ministries/Department of the Government of India and all State Governments and Union Territory Administrations and all other concerned.

Sd/-

(H.H.TYABJI)

ADDITIONAL SECRETARY TO THE GOVT. OF INDIA.

 

------------------------------------------------------------------------- -------------------------------------------------

(TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY)

(PART I - SECTION I)

No.15014/1/97-Jus.

GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE

DEPARTMENT OF JUSTICE

New Delhi the 16th December, 1997.

RESOLUTION

No.L-15014/1/97-Jus. Government of India have decided that the terms of reference of the First National Judicial Pay Commission as contained in this Department's Resolution of No.L-19013/3/94-Jus dated 21-3-1996 shall be amended by addition of a new para 3(e) below 3(d) of the Resolution as under:-

3(e) "The Commission may consider and grant such interim relief as it considers just and proper to all categories of Judicial Officers of all the States/Union Territories. The interim relief, if recommended, shall have to be fully adjusted against and included in the package which may become admissible to the Judicial Officers on the final recommendations of the Commission."

Ordered that the Resolution be published in the Gazette of India.

Ordered also that a copy of the Resolution be communicated to the Ministries / Deptts. of the Govt. of India / State Govts. / UT Administrations and all other concerned.

 

Sd/-

(M.P. Singh)

Additional Secretary to the Govt. of India

Tel : 3383674