COURTESY THE TRIBUNE DEC 3

Nomenclature of judges not changed for 14 years
Also the amended law has not been repealed by govt
Sushil Manav

Tribune News Service

Chandigarh, December 2

The Haryana Government amended law to change the designation of judges in consonance with the recommendations of the first National Judicial Pay Commission in 2004, but 14 years down the line, neither the nomenclature of the judges has changed nor the amended law has been repealed.
In a reply on this issue sought under the Right to Information Act, the Punjab and Haryana High Court has informed RTI seeker advocate Hemant Kumar that as per the records, Section 18 of the Punjab Courts (Haryana Amendment) Act 2004 (Act 9 of 2004) was notified on March 12, 2004, which was circulated by the court on April 28, 2004, among all district and sessions judges in the state for information and necessary action, if any, at their end.

The High Court further replied that in the meantime, it came to the notice of the court that there was no need to change the nomenclature recommended by the Shetty Commission and hence a communication was sent to the Chief Secretary, Government of Haryana, to cancel the notification. Now, the matter is under consideration of the state government and reply in this regard is yet to be received.

The first National Judicial Pay Commission, also known as Shetty Commission, recommended assured career progression scheme and functional scales for subordinate judiciary. The Supreme Court accepted the said recommendations and a suggestion was mooted to the effect that in order that a judicial officer does not feel that he or she is stagnated, there should be a change in the nomenclature with the change in the pay scales.

While deciding the matter of the All India Judges Association and others versus Union of India and others in writ petition 1022 of 1989, the Supreme Court had directed to change the nomenclature of civil judges.

In compliance with the Supreme Court’s directions, the Punjab and Haryana High Court had also recommended the amendment in Section 18 of the Punjab Courts Act, 1918.

The amendment passed by the State Assembly sought to amend the prevalent designation of Civil Judges (Junior Division) into Civil Judge, Civil Judge Grade-2 and Civil Judge Grade-1 and that of Civil Judges (Senior Division) into Senior Civil Judge, Upper Senior Judge and Superior Senior Judge as per their pay scale.

Was directed by Supreme Court

While deciding the matter of the All India Judges Association and others versus Union of India and others in writ petition 1022 of 1989, the Supreme Court had directed to change the nomenclature of civil judges.
In compliance with the Supreme Court’s directions, the Punjab and Haryana High Court had also recommended the amendment in Section 18 of the Punjab Courts Act, 1918.