Chapter 9.
1
Pay scales, allowances and service
conditions of employees and
Court Officers of the Supreme Court
Introduction 9.1.1 The original Terms of Reference of the Commission did not
cover Supreme Court employees. Through a subsequent
Resolution No.5/2/[Link].(A) dated 8th August, 2007, the
terms of reference were enlarged to include the officers and
employees of the Supreme Court.
Status of Supreme 9.1.2 Supreme Court employees are not Central Government
Court employees employees. They are employees of the Supreme Court. Article 146
of the Constitution confers power on the Chief Justice of India not
only in the matter of appointments but also in prescribing the
conditions of service of officers and servants of the Court. This
Article provides that conditions of service of officers and servants
of the Supreme Court shall be as prescribed under the rules made
by the Chief Justice of India or any other Judge/Officer authorized
by him. The rules are, however, subject to the provisions of any
law made by the Parliament. The rules relating to salaries,
allowances, leave and pension also need to be approved by the
President.
Fourth Central 9.1.3 The Terms of Reference of Fourth & Fifth Central Pay
Pay Commission Commissions also included the employees of the Supreme Court of
& Subsequent India. Fourth Central Pay Commission had recommended pay
Developments scales for Supreme Court employees that were lower than those
granted by the Supreme Court vide their interim order dated
25/7/1986 in W.P. No.801/86. The Supreme Court vide their
subsequent judgment dated 24/7/1989 directed that higher pay
scales given in the interim order should be maintained and a
Committee of Judges be constituted to look into this issue. The
Committee of Judges was subsequently constituted under the
Chairmanship of Hon’ble Justice S. Ratnavel Pandian. It submitted
the Report on 25/8/1993 wherein the view was taken that pay
scales of Supreme Court employees were independent of pay
scales of the employees of High Courts or the Central Government.
They recommended higher pay scales for Supreme Court
employees.
633
Fifth Central Pay 9.1.4 The Fifth CPC refrained from making any
Commission & recommendations on the issue of pay scales for officers and
Subsequent employees of the Supreme Court of India and instead observed
Developments that this issue had to be decided in the manner laid down in
Constitution of India as interpreted by various judgments of the
Supreme Court. They, however, noted that in case higher pay
scales were extended to the Supreme Court employees, then the
Court could, if it so desired, consider modifying their designations
so as to avoid any confusion in the future. Subsequently, vide
Office Order No. 33/2007 dated 2/2/2007, the designations of
various posts of Supreme Court employees were modified and
presently these are totally distinct from the designations prevailing
in the Central Government.
Extant Position 9.1.5 The present position is that Supreme Court Registry has
posts of Branch Officer in pay scale of Rs.10000-15200; Personal
Secretary in pay scale Rs.7450-11500; etc. Generally, the pay scales
for different posts of employees of the Supreme Court are on the
Central Government pattern. However, apart from the pay scales, a
one to one parity cannot be established between the posts in the
Supreme Court and those in the Central Government. The posts
in Supreme Court, therefore, need to be treated as a separate
category with which no relativity for posts existing in the Central
Government can be established.
Demands 9.1.6 In the memorandum from the various associations of
Supreme Court employees, the following main demands were
projected:-
• A general increase of 3.5 times in the existing pay scales.
• Two additional increments for all the posts in Supreme
Court.
• Longer pay scales to alleviate the problem of stagnation.
• Upgradations for various posts in the Librarian cadre in
the Supreme Court Judges Library. Cadre review of
Librarians.
• Higher pay scale for the posts of Jr. Court Assistant and
Court Assistant.
• Grant of the scale of Rs.8000-13500 on completion of 4
years of service to all posts like Sr. Judicial Assistants, Sr.
Personal Assistants, Readers, Senior Judicial Translators
634
and Court Officers which are presently in the pay scale of
Rs.6500-10500. This demand is made on the ground that
the Delhi High Court has already granted this benefit to its
employees.
Analysis & 9.1.7 As stated earlier, all the posts in Supreme Court presently
Proposals carry distinct designations. Their nature of work and duties are
also different. Hence, no relativity can be established between
theses posts vis-à-vis those existing in the Central Government.
The present pay scales for these posts are, therefore, appropriate
and only the corresponding pay bands and grade pay may need to
be provided. The same scheme of running pay bands and grade
pay as being recommended for Central Government employees
is recommended for Supreme Court employees. This will also
meet the demand for pay scales with a longer span and will
alleviate stagnation. The Commission is not undertaking any
individual cadre reviews. This policy will also need to be persisted
with in case of Supreme Court employees. However, wherever the
hierarchy has feeder and promotion posts in the respective scales
of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500, the promotion
posts in the scale of Rs.6500-10500 will need to be upgraded to
Rs.7450-11500. The post in the scales of Rs.5000-8000 and Rs.5500-
9000 may need to be merged. It is, accordingly, recommended that
all posts in the Supreme Court that are presently in the scale of
Rs.6500-10500 and constitute promotion posts for feeder cadre in
the scale of Rs.5500-9000 should be upgraded and placed in the
scale of Rs.7450-11500 corresponding to the revised pay band PB-
2 of Rs.8700-34800 along with grade pay of Rs.4600. The posts in
the pre-revised scales of Rs.5000-8000 and Rs.5500-9000 may be
merged and placed in the revised pay band PB-2 of Rs.8700-34800
along with grade pay of Rs.4200.
Additional 9.1.8 The posts of Additional Registrar and Joint Registrar
Registrar and presently are in an identical pay scale of Rs.18400-22400. A higher
Joint Registrar pay scale for the post of Additional Registrar may not be feasible as
the post of Registrar is in the next higher pay scale of Rs.22400-
24500. Even otherwise, functions attached to these posts are
similar. Therefore, the posts of Additional Registrar and Joint
Registrar may be merged in the scale of Rs.18400-22400
corresponding to the revised pay band PB-4 of Rs.39200-67000
along with grade pay of Rs.9000.
Principal Private 9.1.9 The posts of PPS to the Hon’ble Chief Justice, Chief
Secretary (PPS) Librarian and Assistant Editor are in an intermediate pay scale of
Rs.11000-16040. This pay scale does not exist in the Central
Government. It may, therefore, be appropriate to merge these
posts with those of Senior PPS in the pay scale of Rs.12000-16500
corresponding to the revised pay band PB-3 of Rs.15600-39100
635
along with grade pay of Rs.6600. This will ensure that all pay
scales in the Supreme Court Registry correspond to the regular pay
scales in the Central Government.
Scale of Rs.8000- 9.1.10 The demand for grant of the scale of Rs.8000-13500 on
13500 on completion of 4 years of service to all posts like Senior Judicial
completion of 4 Assistants, Senior Personal Assistants, Readers, Senior Judicial
years service Translators and Court Officers which are presently in the pay scale
of Rs.6500-10500 has been made on the ground that the Delhi High
Court has already granted this benefit to its employees. The
employees of the Supreme Court have to be given at least a similar
dispensation. The Commission recommends that the posts of
Senior Judicial Assistants, Senior Personal Assistants, Readers,
Senior Judicial Translators, Court Officers and other analogous
posts which are presently in the pay scale of Rs.6500-10500 may
be extended the scale of Rs.8000-13500 corresponding to the
revised pay band PB-2 of Rs.8700-34800 along with grade pay of
Rs.5400 on completion of four years service in the scale of
Rs.6500-10500. After the implementation of the
recommendations made by this Commission, the grade pay of
Rs.5400 may be extended only on completion of four years
service carrying the grade pay of Rs.4600. This is because after the
implementation of recommendations of the Commission, all the
posts in the scale of Rs.6500-10500 corresponding to the revised
pay band PB-2 of Rs.8700-34800 along with grade pay of Rs.4200
shall come to be placed in the scale of Rs.7450-11500 corresponding
to the revised pay band PB-2 of Rs.8700-34800 along with grade
pay of Rs.4600.
Librarians 9.1.11 Librarians working in the Supreme Court have demanded
higher pay scale on the ground that their post deserves to be in a
higher scale as per recommendations of the Chattopadhyaya
Committee. This Committee was appointed by the Central
Government for a comprehensive study of the various matters
concerning Libraries and Librarians in the Central Government.
As a separate Committee has not been constituted for Supreme
Court and the Supreme Court Library, the recommendations made
in the Report of the Chattopadhyaya Committee should apply for
Supreme Court library as well. This demand is, therefore, justified.
It is also observed that classification of the Supreme Court library
in consonance with recommendations of Chattopadhyaya
Committee has already been carried out. As per this classification,
the post of Library Chief would need to be placed in the scale of
Rs.18400-22400. However, as per the recommendations of
Chattopadhyaya Committee, upgradation by one grade can only
be given with a review being conducted after three years. The post
of Library Chief (Director) that is presently in the scale of
Rs.12000-16500 may, therefore, be upgraded by one grade and
636
placed in the scale of Rs.14300-18300 corresponding to the revised
pay band PB-3 of Rs.15600-39100 along with grade pay of Rs.7600.
In consonance with the recommendations of the Chattopadhyaya
Committee, the position may be reviewed after three years. To
maintain the existing parity, a similar higher pay scale may need
to be extended to the post of Editor (Supreme Court Reports)
which also presently exists in the scale of Rs.12000-16500. Other
posts of Librarians may also be extended the pay scales in
consonance with the recommendations of the Chattopadhyaya
Committee.
Analysis of 9.1.12 Presently, canteen staff in the Departmental Canteen of
Canteen Staff Supreme Court is in the same pay scales as existing for canteen
staff in the Departmental Canteens of the Central Government. In
Central Government, upgradation of all Group D posts has been
proposed with the existing Group D employees being upgraded
and placed in the lowest Group C pay scale subsequent to their
retraining and multiskilling. The need for better skilled employees
holds equally valid in respect of canteen staff in Supreme Court as
well. A similar dispensation may, therefore, be extended for
Group D employees in the Departmental Canteen of Supreme
Court.
Allowances 9.1.13 Presently, Supreme Court employees are given allowances
on par with those existing in the Central Government. The extant
position in respect of various allowances may be retained.
637
