Supreme Court Allows Union of India's Appeals in Part in Delhi Higher Judicial Service Pay Scale Matter. Equal Pay for Equal Work Held Inapplicable to Grant Selection Grade Scale to All Officers; Time Scale Officers Entitled to Revised Scale of Rs.5100-6300 Under Delhi Higher Judicial Service Rules, 1970 and Article 309.

Case Note & Summary

This matter involved two appeals before the Supreme Court against a judgment of the Division Bench of the Delhi High Court in Civil Writ Petition No.4196 of 1983 dated October 13, 1993. The respondent, Delhi Judicial Service Association, had filed the writ petition seeking directions to the Union of India and Delhi Administration to place Delhi Higher Judicial Service personnel in the pay scale of Rs.5900-7300 or to place District and Sessions Judges in the pay scale of Rs.7300-7600, with special pay of Rs.550 per month, effective from January 1, 1986. The High Court allowed the petition partly by directing refixation of salary of all members of the Delhi Higher Judicial Service in the pay scale of Rs.5900-6700 from January 1, 1986, with arrears. Aggrieved, the Union of India and Delhi Administration filed the two appeals. The Delhi Higher Judicial Service was constituted under rules framed in consultation with the High Court in exercise of power under the proviso to Article 309 of the Constitution. Rule 18 prescribed three pay scales: time scale Rs.1200-2000, selection grade Rs.2000-2250, and super-time scale Rs.2500-2750. Rule 21 and the schedule provided for 47 time scale posts, 12 selection grade posts, and one super-time scale post, totaling 60 posts. After the Fourth Pay Commission, super-time and selection grade posts were fused, and District and Sessions Judges and Additional District and Sessions Judges placed in selection grade were paid in the scale of Rs.5900-6700. The High Court repeatedly requested the Union Government to grant revised selection grade pay scales to time scale officers as well, but the request did not yield results, leading to the writ petition. The High Court held that since all posts of Additional District and Sessions Judges, Chief and Additional Metropolitan Magistrates were inter-transferable and discharging same duties, they were entitled to equal pay for equal work, and directed the same scale for all. The Supreme Court framed the crucial question whether all officers of Delhi Higher Judicial Service were entitled to the pay scale of Rs.5900-7600 as ordered by the High Court. The Union of India contended that selection grade posts were distinct from time scale posts and merit, ability, integrity were criteria; thus, the High Court's direction would wipe out the dichotomy and be detrimental to efficiency and integrity in judicial performance. The respondent Association through counsel fairly agreed that the dichotomy between time scale and selection grade could not be wiped out, but argued that the Union had given Group A officers in the Union Territory the scale of Rs.5900-6700 and the Delhi Higher Judicial Service officers previously drew almost the same scale, so they should receive the same revised scale. The Association further relied on All India Judges' Association v. Union of India, JT 1991 (4) SC 285, to contend that judicial officers could not be equated with executive branch officers and deserved higher uniform scales. The Supreme Court accepted the Union's submission that the High Court was not right in giving selection grade scale to all officers on the principle of equal pay for equal work. The Court observed that selection grade and super-time scales were akin to promotion, and such distinctions were necessary to inculcate hard work, maintain character, improve efficiency, encourage honesty and integrity, and ensure accountability. The Court noted that except Gujarat, all other states maintained the distinction between time scale and selection grade or Grade I and Grade II officers in the higher judicial service. The Court held that application of equal pay for equal work to award en masse selection grade scale to all officers was illegal, illogical, and inappropriate. However, the Court found that officers in the Delhi Higher Judicial Service were linked to their counterparts in the executive branch, and as long as rules were not amended, they got parity. Examining the Fourth Pay Commission recommendations and government revisions, the Court held that time scale officers drawing pre-revised Rs.1200-2000 should be considered equally with Group A officers drawing pre-revised Rs.2000-2500, who were given revised scale of Rs.5100-6300. Therefore, time scale officers of Delhi Higher Judicial Service were entitled to Rs.5100-6300, while selection grade officers and District and Sessions Judges drawing pre-revised Rs.2250-2750 were entitled to Rs.5900-6700. The Court directed that benefits be effective from January 1, 1986, with arrears. The Court also directed the High Court to take appropriate steps to have the Delhi Higher Judicial Service Rules amended, as judicial service could not be equated with executive branch, and permitted the respondent Association to make representation to the Fifth Pay Commission for independent fixation of pay scales. The appeals were disposed of accordingly.

Headnote

Issue of Consideration

Final Decision

Appeals allowed in part. Supreme Court held High Court was not right in giving selection grade scale of pay to all officers on principle of equal pay for equal work; distinction between time scale and selection grade must be maintained. Officers working in time scale are entitled to revised pay scale Rs.5100-6300, while selection grade officers and District and Sessions Judge are entitled to Rs.5900-6700, with arrears from 1.1.1986. High Court directed to take appropriate steps to amend Delhi Higher Judicial Service Rules; respondent Association may make representation to Fifth Pay Commission for independent fixation of pay scales.

Law Points