The Supreme Court has refused to interfere with the Jharkhand High Court's decision to decline petition seeking three advance increments to District Judges that possess LLM degrees.
The Division Bench of Justice L Nageswara Rao and Justice BR Gavai issued Notice and noted that report of Shetty Commission is recommendatory and not legal binding.
The High Court in the impugned judgement had dismissed the writ petition on the ground that the State Government’s circular gave the benefit of three advance increments to Civil Judges who had LLM degrees and since the Circular has not been challenged, petitioner cannot be given any benefit.
Counsel for appellant contended that the High Court adopted a 'hyper-technical' approach in rejecting the petition and submitted that the petitioner sought implementation of the recommendations of the Justice Shetty Commission regarding the grant of advance increments to District Judges with LLM qualification.
To this, the Court pointed that the benefit is only extends to Civil Judges which vitiates the claim in the petition.
"But if the circular restricts it to civil judges junior division....this was a 2016 circular..you should have challenged it...as long as circular is there..you can't say High Court was hypertechnical",
The Counsel further averred that the High Court could have moulded the relief instead of blatantly dismissing the petition. The Court while appreciated the Counsel for striking submissions, it however made the point clear:
"See, Shetty Commission only says it is better to reward such officers. There is no obligation on the part of the States. And if the State has restricted only to civi judges junior division, you should have challenged it saying there is discrimination. It is only a recommendation. It is for the Govt to implement", Justice Rao said.
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