In a significant step towards strengthening court administration across the country, the Supreme Court on Thursday directed all High Courts to frame or amend rules for the recruitment and service conditions of Court Managers within three months, taking the Assam Rules of 2018 as a model. The judgment was delivered in the ongoing proceedings in All India Judges Association vs Union of India, Writ Petition (C) No. 1022 of 1989.
The three-judge bench comprising Chief Justice B.R. Gavai, Justice Augustine George Masih, and Justice K. Vinod Chandran also ordered that respective State Governments must approve these rules within an additional three-month period after receiving them.
Background
The issue before the Court arose from several intervention applications and a writ petition highlighting the inconsistent service conditions and contractual employment of Court Managers appointed in various states following the recommendations of the Thirteenth Finance Commission (2010–2015).
The concept of appointing professionally qualified Court Managers—generally MBAs—to assist judges in administrative functions was first introduced by the Finance Commission and supported by subsequent communications from the Ministry of Finance. These appointments were meant to improve judicial efficiency and allow judges to focus on core judicial work.
Despite clear directions from the Supreme Court in its earlier judgment dated August 2, 2018, many High Courts had yet to frame or implement rules to regulate the service conditions of Court Managers. This prompted the filing of new intervention applications and a fresh writ petition.
Court’s Observations
The Court emphasized the administrative importance of Court Managers in enhancing court efficiency, reducing case backlogs, and supporting judicial officers. Referring to its 2018 judgment, the bench reaffirmed:
“Professionally qualified court managers, preferably with an MBA degree, must also be appointed to render assistance in performing the court administration… The services of any person already working as a Court Manager in any district should be regularised by the State Government as we are of the considered view that their assistance is needed for a proper administrative set up in a Court.”
The Court noted with concern that in several states, these professionals continued to work on ad hoc or contractual terms without formal service rules or promotional avenues. In some instances, the positions had even been discontinued.
Directions Issued
In its detailed judgment, the Court issued the following key directives:
- Model Rules Based on Assam: All High Courts must frame or amend service rules for Court Managers using the Assam Rules of 2018 as a model, within three months.
- State Approval: State Governments must approve the framed or amended rules within an additional three months.
- Class-II Gazetted Rank: Court Managers shall be given at least the status of Class-II Gazetted Officers for determining pay, allowances, and service benefits.
- Supervision: Those in High Courts will function under the Registrar General; those in District Courts will report to Registrars or Superintendents.
- Non-Overlap of Duties: Duties of Court Managers must not overlap with those of Registrars.
- Regularisation Through Suitability Test: Existing Court Managers serving on contract or ad hoc basis shall be continued and regularised subject to passing a suitability test, to be prescribed in the framed rules.
- Retrospective Service Benefits: Regularised Court Managers will be entitled to service continuity from the date of initial appointment for terminal benefits, though no salary arrears shall be payable.
- Completion Timeline: The process of regularisation must be completed within three months of the State Government’s rule approval.
- Responsibility Assigned: Registrar Generals and Chief Secretaries will be personally responsible for compliance with the prescribed timelines.
- Promotions and ACP Schemes: High Courts and State Governments must consider providing promotional avenues or Assured Career Progression (ACP) schemes for Court Managers.
