Supreme Court Emphasizes Need Of Court Managers To Assist Judges, Directs Their Regularization After Clearing Suitability Test

The Apex Court was considering the issue pertaining to the situation of Court Managers, who were introduced by the Thirteenth Finance Commission (2010-2015) to enhance the efficiency of court management by providing administrative support to the judges, resulting in improved case disposal.

The 3-Judge Bench of Chief Justice B.R. Gavai, Justice Augustine George Masih and Justice K. Vinod Chandran ordered, “We direct that the process of regularization of the Court Managers shall commence and be completed within a period of 3 months from the date of approval of the rules by the respective State Governments.”

“We clarify that the respective Registrar Generals of the High Courts and the Chief Secretaries of the State Governments shall be personally responsible for adhering to the aforesaid timelines”, it added.

Factual Background

After the recommendations of the Thirteenth Finance Commission, the Second National Judicial Pay Commission Report and the earlier orders of the Court, it was expected that the High Courts across the country would frame rules qua Court Managers and that the State Governments would approve the same. Some of the High Courts had finalised the rules for Court Managers, which were approved by their respective State Governments, whereas the rules prepared by some of the High Courts were pending approval of the concerned State Governments. Few of the High Courts are yet to frame the rules. As a result, the present batch of Applications as well as the Writ Petition came to be filed before the Court.

One Court Manager Welfare Association had filed an application seeking directions to bring uniformity and enhancement in the service conditions of Court Managers across India by granting them a higher pay scale with appropriate allowances as recommended by the Second National Judicial Pay Commission. Other Petitions were also filed seeking similar reliefs.

Reasoning

The Bench noted that for the first time, the post of Court Managers was proposed to be created by the Thirteenth Finance Commission. The Commission recognised the importance of Court Managers for enhancing the efficiency of court management. It was found that this would, in turn, result in the improvement in the discharge of duties by the Judicial Officers which results in providing access to speedy justice.

The Bench further found that the Court in the earlier order recognised the need for raising the standard of infrastructure in the court complexes. “We are at pains to say that even though the SNJPC in its Report had recommended and this Court in the judgment dated 2nd August 2018 in the present proceedings had specifically directed the rules to be framed for determining the service conditions, the duties etc., of Court Managers, various High Courts and various State Governments have not yet complied with the said direction”, it said.

In spite of specific observations issued by the Court that persons already working as Court Managers should be regularised, the Bench noted that to date, in many Courts, the Court Managers are still working on either a contractual basis or on an ad hoc basis. Considering the need of the Court Managers to assist the District Judges in administrative works so that the Judges can devote their time to their core functions, that is, adjudication of cases, the Bench held that it becomes imperative that the earlier directions are reiterated so that the rules with regard to service conditions of the Court Managers are framed and approved in a time-bound manner.

The Bench thus put forth the following directions:

• The High Courts in the country shall frame or amend the rules providing for recruitment and conditions of service of Court Managers, by taking the Assam Rules of 2018 as the model Rules, and submit it to the State Government for approval within a period of 3 months from the date of this judgment.
• Upon receipt of the rules framed or amendments thereof by the High Courts, the respective State Governments shall finalise and grant approval to the same within a further period of 3 months.
• The minimum rank/class of such Court Managers should be of a Class-II Gazetted Officer for the purpose of basic pay, allowances and other service benefits.
• The Court Managers appointed in the High Courts shall work under the directions and supervision of the Registrar General/Registrars of the High Courts. Insofar as the Court Managers appointed in the District Courts are concerned, they shall work under the supervision and control of the Registrars/Superintendents (Head of the Ministerial Staff) of the concerned courts.
• Insofar as the Court Managers, who are already working either on contractual or consolidated pay basis or on ad hoc basis are concerned, their services shall be continued and regularized subject to their passing the suitability test as will be provided in the rules to be framed by the respective High Courts and approved by the respective State Governments.

Cause Title: All India Judges Association And Others v. Union of India and Others (Neutral Citation: 2025 INSC 713)

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