Pay hike of judicial staffers: SC asks Tripura HC to defer contempt proceedings against State

NEW DELHI:  The Supreme Court on Friday asked the Tripura High Court to defer its hearing on a contempt petition on the issue of grant of sixth pay commission to employees of the High Court in which the chief secretary of the state government has been summoned.

A bench of Justices DY Chandrachud and AS Bopanna issued notice on the plea of the State government challenging the decision of the single judge bench dated December 21, 2021, directing the state to extend the benefit of the sixth Central Pay Commission to the employees of the High Court.

The bench said, "Mr.Ranjit Kumar (appearing for the state government) submits that the Chief Secretary of the State of Tripura has been summoned to appear before the Division Bench of the High Court on July 25, 2022, in Suo Motu Contempt Petition…We request the High Court to defer the hearing of the Contempt Petition pending further orders of this Court and until the Court is able to take up the present proceedings after the return of notice."

The top court listed the appeal of the state government for a further hearing on August 12, 2022.

The bench noted that an appeal arising from a judgement of a Single Judge filed by the High Court Employees Association and others is pending before the division bench of the Tripura High Court.

It noted that the Single Judge had directed the state government to extend the benefit of the Sixth Central Pay Commission to the employees of the High Court of Tripura as provided to the employees of the Subordinate Judiciary under an order dated December 16, 2017, invoking the doctrine of equal pay for equal work.

"The State was directed to implement the judgment within eight months subject to an undertaking of the employees that if the order is set aside by the superior court, the employees of the High Court shall refund the entire amount so received to the State Government", the bench said.

Senior advocate Ranjit Kumar, appearing for the state government, submitted that the employees of the High Court are governed by Rules which are framed under Article 229 of the Constitution of India.

He said that since the Rules which have been framed by the High Court under Article 229 of the Constitution bring about parity between the pay band and grade pay and allowances between the employees of the High Court and the members of the State Government service.

Kumar said that it would be contrary to the provisions of the Rules to direct the payment of the Sixth Pay Commission benefits to the employees of the High Court when such benefits have not been granted to the members of the State Government service.

He added that the issue about the grant of the Sixth Pay Commission benefits to the employees of the District Judiciary is pending consideration before the top court.

Kumar also said that the grant of the sixth pay commission would create a huge burden on the state exchequer.

The High Court in December 2021 has also directed the state government to grant the salary arrears in three monthly installments starting from January 2022.

Later, suo motu contempt proceedings were initiated against the state government for not implementing the directions.

NEW DELHI:  The Supreme Court on Friday asked the Tripura High Court to defer its hearing on a contempt petition on the issue of grant of sixth pay commission to employees of the High Court in which the chief secretary of the state government has been summoned. A bench of Justices DY Chandrachud and AS Bopanna issued notice on the plea of the State government challenging the decision of the single judge bench dated December 21, 2021, directing the state to extend the benefit of the sixth Central Pay Commission to the employees of the High Court. The bench said, "Mr.Ranjit Kumar (appearing for the state government) submits that the Chief Secretary of the State of Tripura has been summoned to appear before the Division Bench of the High Court on July 25, 2022, in Suo Motu Contempt Petition…We request the High Court to defer the hearing of the Contempt Petition pending further orders of this Court and until the Court is able to take up the present proceedings after the return of notice." The top court listed the appeal of the state government for a further hearing on August 12, 2022. The bench noted that an appeal arising from a judgement of a Single Judge filed by the High Court Employees Association and others is pending before the division bench of the Tripura High Court. It noted that the Single Judge had directed the state government to extend the benefit of the Sixth Central Pay Commission to the employees of the High Court of Tripura as provided to the employees of the Subordinate Judiciary under an order dated December 16, 2017, invoking the doctrine of equal pay for equal work. "The State was directed to implement the judgment within eight months subject to an undertaking of the employees that if the order is set aside by the superior court, the employees of the High Court shall refund the entire amount so received to the State Government", the bench said. Senior advocate Ranjit Kumar, appearing for the state government, submitted that the employees of the High Court are governed by Rules which are framed under Article 229 of the Constitution of India. He said that since the Rules which have been framed by the High Court under Article 229 of the Constitution bring about parity between the pay band and grade pay and allowances between the employees of the High Court and the members of the State Government service. Kumar said that it would be contrary to the provisions of the Rules to direct the payment of the Sixth Pay Commission benefits to the employees of the High Court when such benefits have not been granted to the members of the State Government service. He added that the issue about the grant of the Sixth Pay Commission benefits to the employees of the District Judiciary is pending consideration before the top court. Kumar also said that the grant of the sixth pay commission would create a huge burden on the state exchequer. The High Court in December 2021 has also directed the state government to grant the salary arrears in three monthly installments starting from January 2022. Later, suo motu contempt proceedings were initiated against the state government for not implementing the directions.