ALL INDIA JUDGES ASSOCIATION AND OTHERS [PETITIONERS] Vs. UNION OF INDIA AND OTHERS [RESPONDENTS]
WRIT PETITION (C) NO. 1022 OF 1989
(3JB, B.R. GAVAI, AG MASIH and K. VINOD CHANDRAN JJ., delivered by B.R. GAVAI, CJI)
This matter concerns the service conditions of Court Managers, a role introduced by the Thirteenth Finance Commission (2010–2015) to support judicial administration. The Court Manager Welfare Association has filed an application (I.A. No.187240/2024) seeking intervention, along with another (I.A. No.187237/2024) requesting uniform service conditions, higher pay scales, Class I Gazetted status, regularization of contract employees, and pensionary benefits. It also seeks structured career progression, duty rosters, and defined authority. Additionally, Sachin Kumar Gupta and others (I.A. No.135045/2023) have requested regularization of Court Managers in Punjab, Haryana, and Chandigarh, and faster adjudication of LPA 1951/2019. A writ petition (W.P. (C) 301/2024) by Lokesh Kumar and another also seeks similar reliefs, highlighting the growing demand for standardized recognition and service terms for Court Managers nationwide.
The Court heard Shri Siddharth Bhatnagar, appointed as amicus curiae, who consolidated views from various High Courts and State Governments and offered key suggestions. He emphasized regularizing Court Managers appointed on contractual or consolidated pay, granting them higher pay scales and allowances. While acknowledging that Articles 229 and 309 of the Constitution allow States and High Courts to set service conditions, he suggested adopting largely uniform rules, recommending the Assam Rules of 2018 as a model. He proposed a suitability test to regularize only competent Court Managers, with retrospective service benefits. For career progression, he suggested using the Chhattisgarh Rules of 2017 as a model. He also advised that the Rules Committees of respective High Courts prepare duty rosters based on local requirements. Other counsels echoed similar state-specific concerns.
The Court, after hearing submissions from the amicus curiae and counsels representing various High Courts, State Governments, and intervenors, has framed the central issue for consideration: whether, in light of the Thirteenth Finance Commission Report, the Second National Judicial Pay Commission (SNJPC) Report, and its previous judgment dated 2nd August 2018, further directions are required. Specifically, the Court will decide if additional directives should be issued to High Courts and State Governments for the uniform framing and implementation of service rules for Court Managers across India. This includes considering aspects like regularization, pay scales, duties, and career progression to ensure standardized service conditions and effective judicial administration.
The Supreme Court disposed of the writ petition and related applications with key directions regarding Court Managers. All High Courts must frame or amend recruitment and service rules for Court Managers based on the Assam Rules of 2018 within three months, allowing modifications to meet local needs. State Governments must approve these within an additional three months. Court Managers should hold at least Class-II Gazetted Officer status. Those in High Courts will report to the Registrar General; in District Courts, to the Registrar/Superintendent.
Duties must not overlap with Registrars. Existing Court Managers on contract must pass a suitability test for regularization, effective from their original appointment date, but without back pay. The entire process must conclude within three months of rule approval. The Court appreciated amicus curiae Shri Siddharth Bhatnagar’s assistance.
