New Delhi, May 2 (UNI) The Supreme Court has upheld the decision of full Bombay high court as well as full Gujarat high court on administrative side placing judges of small causes courts in category two above the civil judges ( senior division).
A bench comprising Chief Justice Y.K. Sabharwal, Mr. Justice C.K.
Thakker and Mr. Justice P.K. Balasubramnyan vide judgment dated April 28 dismissed interlocutory applications filed by the petitioners Anil Kumar Vitthal Shete and others challenging the decision of Bombay High court as well as Gujarat High Court.
Applicants had challenged the decision of full court on the ground that judges of small cause courts are promoted from the feeder cadre of civil judge (senior division) and placing them in category 2 at par with civil judges amounted to their reversion and was hence illegal. The applicants have also sought directions to the high court to place them in the category at par with the additional chief judges of small cause courts who have been proposed to be placed in category one by the Shetty Commission.
First National Judicial Pay Commission under the chairmanship of Mr.Justice K.J. Reddy was constituted by the Central government as per directions of the apex court to bring uniformity in the pay scales of judges of subordinate courts and also to raise their retirement age from 58 years to 60 years.A legislation was passed in 1850 according to which jurisdiction of judges of small cause courts and that of supreme court used to be concurrent in presidency towns. Small cause courts used to be courts of record just like Supreme court. These courts replaced 'courts of requests' and were to follow practice and procedure subject to the approval of the respective supreme court.
The apex court however observed,"In the facts and circumstances of the case, however, we are of the view that ends of justice would be met if we direct that pay scales of the applicants will not be reduced nor recovery be effected in pursuance of the decision of the high court of Bombay on its administrative side." UNI AKS/SC RP PM1559