JUDICIAL OFFICERS (NEW PAY SCALES) .GO.No.440/JD/L/2S-70/09

                                             Government of West Bengal

                                                  Judicial Department

                                          Writer’s Buildings, Kolkata-1

G.O. Ni,440’JD/L/2S-70/09                           Dated Kolkata, the 8th July , 2010.

            The Hon’ble Supreme Court by order dated 28.04.2009 in I.A. No.244 in WP©No.1022/1989 in the case of All India Judges Association and others vs. Union of India and Others appointed one member Committee headed by Justice E. Padmanabhan (Rtd.) to determine the pay scales of the Judicial Officers on the basis of the4 Justice Shetty Commission’s Report. On 17.7.2009 the Committee submitted its report before the Hon’ble Supreme Court of India recommending different revised scales of pay and other allowances, pensionary benefits for the judicial officers. By its order dated 4.5.2010the Hon’ble Supreme Court issued directions upon all the State Governments to implement the recommendations of the Justice Padmanabhan  Committee.

2.            After careful consideration of the directions of the Honi’ble Supreme Court of India, the Governor is hereby pleased to accord sanction to the implementation of the recommendation of the justice Padmanabhan Committee in regard to the revised pay scales etc. of the Judicial Officers of the State of West Bengal and make the following orders:-

(a)   Revised Pay Scales:

(i)                 Master Pay Scale and different stages thereof as shown in Annexure –I

(ii)               Revised Scales of Pay of the post as shown in Annexure-II

(iii)             Revised ACP Scale, Selection Grade Scale and Super Time Scale as shown in Annexure-III.

(b)   Fitment in the Revised Pay Scales and date of next increment.

i)                    The Pay of the Judicial Office r, sho was in service as on 01.01.2006, shall be fixed in the revised scales of pay as under:

              The existing pay of the Judicial Officer in the pre-revised sc ale as on 1.1.2006 shall be revised and fixed in the revised scales of the pay at the corresponding stages 1 to 44 in the Revised Master Pay Scale as shown in Column No.4 in the Annexure-I without granting any increment or additional weightage while fixing the pay as above in the revised scale of pay.

ii)                   The next increment of a Judicial Office r, whose pay in the Revised Pay Scale is fixed from 1.1.2006 as above, shall be on the date on which he would have drawn his increment had he been in the existing scale of pay.

iii)                 Where in allowing the benefit of next increment as above if it is found that the pay of the senior is lower than the pay of his junior, the pay of the senior shall be stepped up to the same stage as that of the junior.

b)                  Fixation of Pay on promotion or  after 1st day of January, 2006

i)                      In case of promotion from one pre-revised scale of pay to another, the pay in revised scale shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the pay in the lower scale by one increment at the stage at which such pay has accrued.

Note:- i) The benefit of fixation of pay available at the time of normal promotion from one post to another higher post shall be allowed in the case of non-functional movement to higher scales including Selection ?Grade Scale Super Time Scale and scales under A.C.P.L Schemes as shown in Annexure-III.

ii)                     The next date of increment in the revised scale in such case of promotion shall be the 1st day of month in which it becomes due after completion of 12 months period from the date of such promotion.

c)                   Payment of dearness allowance and house rent allowance.

i) An officer of the West Bengal Judicial Service shall be allowed to draw dearness allowance and house rent allowance as per existing principle.

d)                  Date of effect.

The revised scale of pay shall come into force with effect from 01.01.2006. The salary in the revised pay scales payable for the month of July, 2010 shall; be paid in cash in the month of August, 2010. District Judges, Chief Judges,  Small Cause Court, Kolkata, Chief Judge, City Civil Court, Kolkata, Chief Judge, City Sessions Court, Kolkata are hereby authorized to make provisional fixation of pay in the revised pay scales and to draw and disburse salary after obtaining necessary particulars from the concerned judicial officers posted in the judgeship of the respective districts. A copy of such provisional fixation statement shall invariably be sent to the Government in the Judicial  Department  for approval and on receipt of such approval, the arrears shall only be drawn and disbursed.

Fixation of pay of the District Judges, Chief Judge, Small Causes Court, Kolkata, Chief Judge, City Civil Court, Kolkata, Chief Judge, City Sessions Court, Kolkata, other Judicial Officers posted on deputation and those Judicial Officers who had already retired, died or elevated after 01.01.2006 shall be made by the Judicial Department, Government of West Bengal.

e)                   Assured Career Progression Scheme/Selection Grade Scale/Super Time Scale.

i)                       The benefit of the Assured Career Progression Scheme, the Selection Grade Scale and the Super Time Scale already allowed to the members of the West Bengal Judicial Service as sanctioned by the First National Judicial Pay commission and implemented by the State Government by making Judicial “”Service (Revision of Pay and Allowances) Rules, 2003 and also by issuance of Notifications from time to time as per recommendations  of the High Court, Calcutta till the date of the Order of the Hon’b le Supreme Court of India i.e. 4th May, 2010 shall remain unaltered.

The fitness in the revised scales of Pay shall only be given with reference to the Master Scale in Annexure-I

ii)                      With effect of 4th May, 3010, an offer of the West Bengal Judicial Service other than District Judges may be allowed A.C .LP. Scales as shown in Annexure-III subject to the following conditions:-

a)      The conferment of the benefit by way of

Assured Career progression (AC P) Scales shall not be automatic and shall be allowed on the recommendations of the High Court, Calcutta after appraisal of their4 work and performance.

b)      The benefit by way of Assured Career Progression (ACP) Scales shall not be provided to those who have declined regular promotion on any personal ground;

c)      In case where an officer belonging to the WB Judicial “Service other than the District Judges who has been provided the ACP Scales refuses functional promotion to the higher post in his turn of seniority and merit, he shall be reverted to the original pay scale wherefrom he has been awarded the Assured Career Progression.

iii)                    With effect from 4th May, 2010, an officer belonging to the cadre of District Judge may be allowed Selection Grade Scale and Super Time Scale. 25% of the posts of the Judicial Officers in the rank of District Judges who have put in not less than 5 years service e in the rank of District Judge (entry level) shall be awarded Selection Grade Scale and 10% of the posts of the Selection to those Officers who have put in not less than three years of continuous service in the Selection Grade posts shall be allowed Super Time Scale of Pay.

f)                    Payment of arrears/

i)                    40% of the arrears of pay, dearness allowance and house rent allowance from 01.01.2006 to 30.06.2010 shall be credited to the respective General Provident Fund Accounts of the Judicial Officer and the remaining 60% of the arrears of , dearness allowance and house rent allowance shall be paid in cash spread over in two financial years. The arrears of salary in respect of Judicial Officer who retired after 01.01.2006 shall be paid  in cash.

g)                   Relaxation of Rules.

Where the Governor is satisfied that the operation of all or any of the provisions contained hereinabove causes undue hardship in any particular case  or class of cases, he may, by an order, dispense with or relax the requirement of all or any of these rules to such extent and subject to conditions as he may consider necessary for dealing with class or class of cases in a just and equitable manner.

This order issues with the concurrence of the Finance (Audit) Department vide their U.0. No.2324 Gr. P (Service) dated 08.07.2010.

                                                  Sd/-

                                           ( K.Y.S. Manhas)

                              Principal Secretary-in-charge to the

                                  Government of West Bengal

                                       Judicial Department

                             ANNEXURE- I

     The revised pay for 1 to 44 staged of Master Pay Scale and increments in the Revised Pay Scale as on 1.1.2006 shall be as under.

                                                      ANNEXURE II

(iv)             The Revised Scales of Pay of trhe posts as on 1.1.2006 shall be as under:-

                              Annexure III