SC seeks Centre's reply on SC employees association's plea over court allowance
Feb 11, 2022
New Delhi [India], February 11 : The Supreme Court on Friday asked the Centre to file a response on a petition filed by the Supreme Court Employees' Welfare Association seeking to grant a benefit of Court Allowance to Officers and Employees of the Supreme Court of India on the pattern of Parliamentary Allowance being paid to the employees of the Parliament of India.
A Bench of Justices DY Chandrachud and Surya Kant issued notice on the petition filed by Supreme Court Employees' Welfare Association through its advocate on record K Parameshwar.
Supreme Court Employees' Welfare Association in its plea questioned the Ministry of Law and Justice for refusing approval of Court allowance to the employees of the top Court, without assigning any reasons or referring it to the President.
The Ministry of Law and Justice on September 25 2020 addressed a letter to the Secretary-General, Supreme Court of India stating that the proposal for granting Court Allowance "has not been agreed to."
"However, neither were any reasons were accorded for the decision nor was the proposal placed before the President for his consideration. It is submitted that this communication grossly undermines the independence of the judiciary," the petition read.
According to the petition on July 30 2019, the then Chief Justice of India, on the recommendation of the Committee of Judges, approved the grant of 'Court Allowance' and sought for the approval of the President as per the terms of the Provision to Article 146(2) of the Constitution with effect from January 1, 2016. Thus, a letter dated July 30, 2019, came to be issued by the Registrar of the top court to the Secretary (Justice), Department of Justice, Ministry of Law and Justice, for the sanction/approval of the President.
Now, the petitioner has sought an appropriate direction to set aside the letter dated September 25, 2020, being issued by the Ministry of Law and Justice to the Secretary-General of the Supreme Court of India and termed it as being violative of Article 14 and Article 146.
It also sought appropriate direction to the Union to accept the recommendation of the Judges' Committee and the subsequent recommendation of the Chief Justice of India to grant 'Court Allowance', in accordance with a letter dated July 30, 2019, with effect from January 1, 2016.
The petitioner sought to grant a benefit of Court Allowance to Officers and Employees of the Supreme Court of India on the pattern of Parliamentary Allowance being paid to the Employees of the Parliament of India with effect from January 1, 2016, and to revise the rates of Court Allowance for Officers and Employees of the Supreme Court of India whenever there is an increase in the rate of Parliamentary Allowance being paid to the Employees of the Parliament of India.
