Supreme Court issues notice on plea filed by SC employees association over Centre rejecting CJI-approved court allowance

The Supreme Court on Friday issued notice on a plea filed by the Supreme Court Employees Welfare Association against a decision of the Ministry of Law and Justice rejecting a recommendation made by the Chief Justice of India granting “court allowance” to employees of the Apex Court.

The question involved is whether, once the Chief Justice of India has decided to grant a Court Allowance to the employees of the Apex Court, and sought the approval of the President under Article 146(2) of the Constitution for the same, can the Ministry of Law and Justice refuse approval, without assigning any reasons or referring it to the President?

A bench of Justice D.Y. Chandrachud and Justice Surya Kant stated, “The impugned communication 25th Sept 2020 of the Department of Justice merely states that the matter has been considered in consultation with Department of Expenditure and the proposal of granting a court allowance to the officers/employees of the Supreme Court of India on the pattern of parliamentary allowance paid to the officers/staff of Lok Sabha and Rajya Sabha secretariats has not been exceeded too. The decision of the constitution bench in Supreme Court Employees Welfare Association v UOI, 1989 4 SCC 187 (para 57) specifically holds that in the view of the provisions of Art. 146(2) of the Constitution of India, the issue is a matter which involves a dialogue between the highest Constitution functionaries. The manner in which the proposal has been dealt with would not be consistent with the principles which have been enunciated by the constitution bench.”

The bench sought the assistance of the Solicitor General Tushar Mehta.

The writ petition is filed against the communication dated 25.09.2020 issued by the Ministry of Law and Justice refusing the recommendations of the CJI. The Ministry of Law and Justice addressed the letter date to the Secretary-General, Supreme Court of India stating that the proposal for granting Court Allowance has not been agreed to, without stating any reasons.

The Court Allowance was sanctioned by the Chief Justice of India after the approval of the Committee of Judges of the Supreme Court of India, and after perusing the representation filed by the Petitioner Association. The court allowance is on the lines of the Parliamentary Allowance granted to the Officers and Staff of the Lok Sabha and Rajya Sabha Secretariat.

Advocate on Record K. Parameshwar, who appeared on behalf of the Supreme Court Employees Welfare Association, submitted, “I have two substantial questions of law on this issue. The rejection order was proceeded by the recommendation of a committee of 5 judges of this court. The approval of that was given by CJI and the rejection order is a one-line rejection order without giving any reasons. That’s the first fault of the order. The second is way back in 1989, there are number of decisions of this court which says it is a question of dialogues between the Constitution functionaries… (referred to the decision of constitutional bench in Supreme Court Employees Welfare Association v UOI, 1989 4 SCC 187), where the court says the approach is enough, it was rejected straight away after all it has gone from the highest constitution functionaries, the CJI and para 57..”

The petitioner association submitted that Article 146(2) of the Constitution does not empower the Ministry of Law and Justice to reject the approval without as much as putting up the proposal before the President of India. In fact, declining approval would require the President of India and the Chief Justice of India to “exchange thoughts” on the issue before declining approval.

The matter would now be heard after 6 weeks.