KAUSER EDAPPAGATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The Hon'ble Supreme Court of India in All India Association v. Union of India ((1992) 1 SCC 119) had issued affirmative directions for setting up an All India Judicial Service and to bring about uniform conditions of service and benefits for the members of Subordinate Judiciary through out the country.

(2.) The Government of India in compliance and obedience of these directions, constituted the First National Judicial Pay Commission under the Chairmanship of Justice K.J. Shetty for the Subordinate Judiciary all over the country to consider the principles which should govern the structure of pay and emoluments of the Subordinate Judiciary as also the structure of emoluments and conditions of the Judicial Officers in the States and Union Territories.

(3.) The Commission in its report recommended, inter alia, that if candidates selected for appointment as Judicial Officers have entered service acquiring a higher qualification like a Post-graduation in Law, they would stand entitled to three advance increments in recognition of their educational excellence. It is to be noticed straightway that these recommendations were confined to the Subordinate Judiciary and with specific reference to the junior division of the judicial service, namely, the Munsiff-Magistrates.