All is not well with Tamil Nadu's subordinate judiciary. The officers are seething with anger over the appalling delay in salary revision, stagnation in the ranks, and anomalies in pay/promotion.
Only a section of the subordinate judicial officers at magistrate-level in Tamil Nadu have started getting the much-delayed pay hike, but those on deputation in Puducherry have got nothing as the territorial administration has not yet issued a government order.
Though the Central and state governments implemented the sixth pay commission recommendations nearly 20 months ago, the judges of the Supreme Court and high courts started getting their hugely enhanced salaries from November 2008. But, a majority of the 800-odd subordinate judicial officers in Tamil Nadu and Puducherry are still governed by a 1996 salary structure, which is at least 200% lower than what they are legally entitled to at present.
"The difference is too huge to be ignored or delayed. The lowest pre-revised basic pay of a junior division civil judge was Rs 9,000, whereas the revised basic is 27,300. Similarly, the pre-revised basic of a district judge (super time scale) is only Rs 22,850 whereas the revised basic is Rs 70,290. Every month we are taking home almost Rs 20,000 to 35,000 less than what we are entitled to," said a judge.
When told they would get the amount as arrears, a young judge said that their immediate requirements such as home and car loans suffered because of their low pay at present. "We cannot tell banks that our salaries are under revision, and hence a larger loan should be sanctioned. Why should we suffer for no fault of ours?"
The arrears, payable from January 1, 2006, are not small. A junior judicial officer in the rank of district munsif or judicial magistrate will get arrears upto Rs 7.5 lakh, whereas it will be in the region of Rs 9 lakh for a subordinate judge. A district judge would get almost Rs 12 lakh. "Sixty per cent of the arrears will be paid in two equal instalments in two financial years, while the remaining 40% will be remitted into our provident fund account. It can help us in many ways, and the value of money shrinks every passing day," said a woman judge.
In April 2009, the Supreme Court appointed retired judge E Padmanabhan as the one-man committee to revise and suggest a new salary structure for all subordinate judges in the country. He submitted his comprehensive report in July 2009. This May, the apex court accepted his recommendations and directed all state governments to implement the structure payable with effect from January 1, 2006.
The Tamil Nadu government issued an order on June 1, 2009 to implement the revised salary structure. But several communications, clarifications and reminders between the judiciary and the government have delayed the actual implementation of the order.
The pre-revised salary of a sub judge is less than that of a shreshtadar (office superintendent), who is a state government employee. "The court staff is in state government service, hence they are already getting the sixth pay commission salary structure. How can we enforce discipline if our subordinates are drawing more salary than us?" asked a sub judge.
Source : Times of India
Friday, November 12, 2010
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