
The Appellate Division has dismissed a government appeal challenging the entitlement of bench readers and bench officers to selection grade benefits, upholding earlier decisions of the High Court Division.
The apex court鈥檚 written verdict was posted on the Supreme Court鈥檚 website last week.
The court ordered the finance ministry, the appellant, to ensure selection grade benefits to all bench readers and bench officers who had completed four years of service.
It also ordered to implement the decision within 15 days of receiving the judgment, short of which was delivered on May 21 this year.
The court ruled that any further deviation from its judgment would amount to contempt of court.
The Appellate Division acknowledged the demanding nature of the work performed by bench readers and bench officers, who routinely work well beyond official hours, often until 8:00pm or 9:00pm and even on holidays and during court vacations, due to their close attachment to judges and involvement in finalising judgments.
The court reaffirmed that the recognition of their work conditions by the High Court was lawful and binding. It emphasised that under Article 111 of the constitution, its judgment carries binding force and must be treated as final and conclusive.
The Appellate Division warned that any discriminatory treatment of similarly placed officers, without reasonable justification, would violate the rule of law.
The apex court strongly criticised repeated attempts to delay or defy its directives, warning that such actions strike at the heart of judicial authority and erode public trust.
The government argued that bench readers and bench officers in the cases were appointed after the National Pay Scale 2015 had come into effect and the pay scale had abolished the provision for selection grade.
It further argued that since these officers were not parties to the original writ petitions filed in 2013 and 2015 relating to selection grade and had not completed four years of service before introducing the 2015 pay scale, they are not entitled to the same benefits as the original petitioners.
It also pointed out that the selection grade benefit was part of the 2009 pay scale and was not applicable to the new recruits.
It further said that the High Court鈥檚 directive to extend the benefit to them was legally flawed and should be overturned.