Final Draft

Pay and salary structure for Trial Court Judges

Basic challenge before judiciary

Statistical surveys disclose that the first priority of a law graduate from NLU’s and prominent
law colleges is to join corporate sector. Second priority of them is to join law firm. Third priority
is to practice law. For very few judges who joined judiciary as their first priority. The graduates
who don’t find them acceptable in above three priorities think of joining Judiciary. The basic
factors which make the judicial employment unattractive are lackluster salary and allowances,
uncertainty of promotions, unpredictable transfer policy, and no proper protection against
unwanted complaints, unhealthy work culture, unsuitable training programmes, and lack of
scientific approach to handle human resources. Presently we consider about pay structure and
allowances.
As more brain drain is towards corporate sector. Here also there is a computation to employ
and retain best talents amongst rival companies. Let’s discuss what philosophy is adopted by
companies.
Pay philosophy
Pay structure of any institution is required to be governed by a pay philosophy. A pay
philosophy is an institution's commitment to how it values employees. A consistent pay
philosophy creates a bond between the institution and the employee.
The goal of a pay philosophy is to attract, retain, and motivate employees. A competitive and
well-rounded philosophy, with a focus on benefits and work life is required to attract t the law
graduates towards judiciary.

Attract, motivate, and retain through proper compensation

The purpose of a good compensation philosophy is to attract, retain, and motivate good
people. To accomplish these goals, institution may use a mixture of the three main components
of compensation: Base pay, also called salary; incentive pay, whether in the form of cash or
non-cash award such as benefits or non-financial rewards. A pay philosophy is a blend of all
three, since the institution must pay for whatever it delivers to employees.

For example, an institution's pay philosophy might be to offer salaries that are competitive in
the market, or it might favor pay that is structured to attract employees rather than pay that
helps to retain them. But few. The challenge is to create a pay program that acknowledges all
three goals without exhausting resources.

While fixing pay structures following aspects are generally considered by the corporate,
Pay a competitive base salary - not an aggressive one, but a salary comparable to what an
employee could get somewhere else.

Be aggressive in total overall compensation through the use of the incentives. If, for example,
an employee is offered salary below market in base pay, deliver market parity via bonus; a
retention bonus; and incentive. Incentive programs is so designed that high-performance
people get high compensation.

Yearly review of salary and component by Corporate,

Most companies review salaries once or twice a year, but the market moves continuously. This
approach of company allows the talented and skilled employees to cling to the company and
resist the lucrative offers from competitors.
In corporate culture employee’s proficiency ties skills to market value
Some pay philosophies track the development of skills that lead to proficiency in a job. The
more proficient an employee becomes the closer to market value he or she gets. This is a way
of paying according to a market based on the value of skills. If the institution is interested in
retaining the employee, it won't cost much to bring him or her up to market. If there is a reason
the institution doesn't want to pay 100 percent of market for this job, for example if the
employee is not yet fully proficient in the job, it might still make sense to pay the employee
more salary to insure against the cost of hiring a new employee.
Periodic increase and timely up calling of salary is must
As employees become proficient in their jobs, it is important to keep them moving to the next
level. Otherwise their pay will stagnate and they may become unmotivated or look elsewhere
for a new challenge.
Maintaining Consistency
By law, pay practices must be consistent, must not discriminate, and must not be arbitrary.

Communication of pay structure

Job candidates should be aware of an institution's pay philosophy. If an institution doesn't have
a competitive pay structure it will be difficult to get meritorious graduates to work at grass root
level. Recent findings suggest that, to keep high performers, employers must do a better job of
explaining their compensation philosophies and the value of their total rewards.
All of the aspects of pay philosophy may be considered while determining new pay structure.
Now let’s consider specific issues concerning judiciary.

In our judicial hierarchy, the subordinate judiciary is the backbone of the system. It is
the foundation on which the judicial edifice of the country rests. These subordinate courts play
a prominent role, although not an exclusive part in preserving law and order in society. They
provide instrumentality for the trial of disputes between individuals and between individuals
and States. They quite generally decide delicate issues between Government and private
parties. In a large number of cases, they are the final Courts or the Courts of last resort since
only a few judgments stand appealed. It has been observed by Hon’ble Supreme Court in a
Judgment. Following statement in the pay Commission report speaks volume about special
efforts required to decide pay structure of judges.

"In the matter of scales of pay and remuneration, the judiciary compares unfavorably with the
executive branches of the Government. It is true that generally speaking, the scales of pay of
the judicial officers and the corresponding executive officers are identical in many of the States.
However, it has to be remembered that the executive officers are, by and large, recruited at a
much younger age than the judicial officers. The entrant to the judicial service is required to be
a graduate in law and in most of the States it is also necessary that he should have practiced for
a certain number of years at the Bar. On the other hand, for recruitment to the executive
branches of Government serviceman degree in arts or science is, generally speaking, sufficient.
In the result, a person entering the judicial service does so when he is about 26 or 27 years of
age and at a time when his contemporaries who have entered the executive service of the
Government have already acquired certain seniority in the service and have come to draw a
higher salary. It will thus be seen that a person joining the judicial service starts with a lower
remuneration than what he would have received if he had entered the executive service for a
few years earlier. It has also to be noted that owing to the lesser proportion of superior posts in
the judicial service, promotions come less quickly to the judicial officers, and a person who has
entered the service as a Civil Judge (J.D.), assuming that he is fit and fully qualified, takes much
longer time to become a district judge than would an equally competent deputy collector to
reach the position of a collector. Again the judicial officer, having started at a later age, has a
shorter span of service than the executive officer and this affects his pension and other
retirement benefits." (14th Report of the Law Commission p. 163)

The Apex Court has categorically observed that the linkage between the service conditions of
the judiciary and that of administrative executives is not proper and should be discontinued
since the judiciary is above the administrative executive. It was observed,
 "parity in status can only be between the judges and the political executive and not between
judges and administrative executives."

The idea of a minimum salary for judges has been recognized in a number of International
Instruments. Article 11 of the Basic Principles of the Independence of the Judiciary, which was
adopted by the Seventh United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, provides,

"The term of office of judges, their independence, security, adequate remuneration, and
conditions of service, pensions and the age of retirement shall be adequately secured by law."

In the Draft Universal Declaration on the Independence of the Judiciary, which the United
Nations Commission on Human Rights invited Governments to take into account when
implementing the U.N. Basic Principles (Resolution 1989/32), Article 18(b) provides,

"The salaries and pensions of judges shall be adequate, commensurate with the status, dignity
and responsibility of their office, and shall be periodically reviewed to overcome or minimize
the effect of inflation."

To streamline the pay, allowances, service and working conditions of Judicial officers
throughout the country The First national judicial Pay Commission ( J. Shetty Commission), was
established by Hon’ble Apex Court, while finalizing the pay structure of the judicial officers of
trial court judiciary, the commission has recommended that whenever salary of the honorable
High Court Judges is revised salary of the judicial officers of trial court judiciary also be revised.
Not only this FNJPC has recommended the formula on the basis of which revised salary of the
judicial officers in proportion to the salary of Hon’ble High Court judge be determined. These
recommendations have been approved by Honorable Supreme Court. After revision of pay
scales of honorable High Court Judges in the year 2006, Honorable Supreme Court has
appointed justice Padmanabhan committee for upward revision of salary and allowances of
the judicial officers of trial court judiciary. Justice Padmanabhan on the basis of formula
recommended by FNJPC proposed revision of salary of judicial officers. He also laid certain
principles for revising allowances. Proposal of revision of salary and allowances by justice
Padmanabhan committee was accepted by Hon’ble Supreme Court. J. Padmanabhan
committee was appointed to revise salary and has its own limitations.

Restructuring salary and allowances

SNJPC is beginning of new era for trial court Judges. The Association requests the Commission
to introduce entirely new concept to determine salary and allowance. It is high time to depart
with the recommendations of J. Shetty Commission to determine salary and propagate service
conditions as some of the conditions inflicted harm and made the life of civil Judges miserable.

Shortcoming of J. Shetty Commission report regarding salary and allowances

1. Contrary to observation in All India Judges Association Vs. Union of India (1992) salaries
were not structured to keep the Scales of Judges higher than IAS officers

2. Salary of civil Judge cadre was miscalculated and for 10 years civil judges received less
salary till the mistake was rectified by J. Padmanabhan report.

3. Hon. Apex Court in AIJA vs. Union(2002) while considering recommendations of J. Shetty
Commission observed that pay of entry level district Judge should be equated with super time
scale of IAS officer, appropriate corrections were not carried in recommending.

4. Salaries linked with salaries of hon. High Court Judges. Hon. High Court Judge receives
salary equivalent to cabinet secretary, which is last promotion for IAS officer. As highest salary
of trial court judge shall always be less than salary of hon. high court judge trial court judge will
always get less salary than IAS officer.

5. Percentage formula to fix salary whenever salary of hon. HC judge increases has brought
down salaries of Judges as compared to salaries of IAS officers. If this formula is further
followed it will further degrade salaries of Judges.

Considering these drawbacks it’s necessary to evolve more practical method to restructure
salary of Judges.

Salary of an IAS Officer as per 7th pay commission recommendation

The Cabinet approved 7th Pay Commission recommendation on 29th June 2016. Now the basic
salary of junior level IAS officers is Rs. 56100. The pay will increase by getting increment year
after year. Apart from these, allowances like House Rent Allowance (HRA) and Travel Allowance
(TA) cannot be claimed since IAS officers provided with Government Accommodation and
vehicle. The seventh pay commission recommended a hike of 14.27% in basic pay. However,
annual increment rate retained at 3%. However, the basic pay of all Civil Servants (Group A) is
the same (Pay Level 10). The 7th pay Commission removed the grade pay system, which was a
recommendation 6th pay commission.
The structure and goes up to Pay Level 18. IAS officer’s salary structure: Based on 7th Pay
Commission
ecommendations

7th pay commission introduced a new Pay Matrix system. The pay matrix system consist as
many as 18 horizontal levels to take care of fixation of pay or Promotion. The vertical range for
each of these 18 levels is meant for fixation of pay by providing annual increment. We are
concerned with only 10 bands i.e. from 10th to 18th.

7th Pay Commission has done away with the Pay Band – Grade Pay System. IAS officers are
normally getting promotion every 4-5 years.
● IAS officers get two extra-increments (6%) when they are Level 11, 12 and 13.
● After the level 14 salaries of all officers are same.
IAS officer is placed in following scale of pay with number of years in service.
1. Junior Scales (0-4 years)
2. Senior Scales (4-9 years)
3. Senior Time scale (4 years+)
4. Junior Administrative grade (9 years+)
5. Selection Grade (13 years+)
6. Super Times Scale(16 year+)
7. Above Super Time Scale(25 years+)
The basic feature of this pay structure is opportunity for financial up gradation every 4 to 5
years. An officer reaches super time scale in 16 years whereas a judge may not get super-
time scale even after service of 30 years. Arrangement of conferring extra increment raises the
salary to optimum level and insures highest salary in 18th level to all officers. Drastic changes
are therefore required in the present system of determination of salary of judges.

Present cadres in trial court Judges

Unless SNJPC desires to make any changes in caderisation judicial hierarchy of trial court judges
is as under:-

(i) Civil Judges (Junior Division)

(ii) Civil Judges (Senior Division)

(iii) District Judges (Entry Level)

(iv) District Judges (Selection Grade)

(v) District Judges (Super Time Scale)

Fixation of minimum and maximum pay

There is no difficulty in determining maximum pay because even if we don’t desire we have to
stick to two principles adapted by FNJPC and that is highest salary of trial court judge should be
lower than hon. High Court Judge and at the same time it shall not be less than highest salary of
IAS officer below the rank of Cabinet secretary whose pay is equated with pay of hon. High
Court judge. The highest salary of District Judge super-time scale would be highest salary in 16th
layer i. e. Rs. 224400/-. For determination of minimum salary we have to consider multiplicand
determined by 7th pay commission. It’s 2.81. starting pay of Civil Judge determined by J.
Padmanabhan Committee is rs. 27700. Multiplying this minimum pay with 2.81 gives 77837.
Starting pay can’t be less than this figure. Starting pay i.e. minimum pay may be fixed at Rs.
77900. Pay structure thus can be determined between these two figures. Roughly the structure
of salary by taking multiplicand of 2.81 and increment of 3% per annum may be as under,

Civil Judge (Junior Division)-Rs.77900-3%-125800,

ACP(I)-93000-3%-128500,

ACP(II)111000-3%-153300

Civil Judge (Senior Division)- 111000-3%-153300

ACP(I)-121200-3%-157900,

ACP(II)144600-3%-177600

District Judge (Entry Level)- 144600-3%-177600

District Judge (Selection Grade)- 162600-3%-199600

District Judge (Super Time Scale)- 199600-3%-224400

Table –1

PAY STAGES

S.No. Existing Proposed Multiplayer

Index

Pay Increment Pay Increment Increment

1 27,700 770 77900 2170 2.818

2 28,470 770 80070 2170 2.818

3 29,240 770 82240 2170 2.818

4 30,010 770 84410 2170 2.818

5 30,780 770 86580 2170 2.818

6 31,550 770 88750 2170 2.818

7 32,320 770 90920 2170 2.818

8 33,090 920 93090 2590 2.815

9 34,010 920 95680 2590 2.815

10 34,930 920 98270 2590 2.815

11 35,850 920 100860 2590 2.815

12 36,770 920 103450 2590 2.815

13 37,690 920 106040 2590 2.815

14 38,610 920 108630 2590 2.815

15 39,530 920 111220 2590 2.815

16 40,450 1,080 113810 3050 2.824

17 41,530 1,080 116860 3050 2.824

18 42,610 1,080 119910 3050 2.824

19 43,690 1,080 122960 3050 2.824

20 44,770 1,080 126010 3050 2.824

21 45,850 1,080 129060 3050 2.824

22 46,930 1,080 132110 3050 2.824

23 48,010 1,080 135160 3050 2.824

24 49,090 1,230 138210 3470 2.821

25 50,320 1,230 141680 3470 2.821

26 51,550 1,230 145150 3470 2.821

27 52,780 1,230 148620 3470 2.821

28 54,010 1,230 152090 3470 2.821

29 55,240 1,230 155560 3470 2.821

30 56,470 1,230 159030 3470 2.821

31 57,700 1,230 162500 3470 2.821

32 58,930 1,380 165970 3900 2.826

33 60,310 1,380 169870 3900 2.826

34 61,690 1,380 173770 3900 2.826

35 63,070 1,380 177670 3900 2.826

36 64,450 1,380 181570 3900 2.826

37 65,830 1,380 185470 3900 2.826

38 67,210 1,540 189370 4360 2.831

39 68,750 1,540 193730 4360 2.831

40 70,290 1,540 198090 4360 2.831

41 71,830 1,540 202450 4360 2.831

42 73,370 1,540 206810 4360 2.831

43 74,910 1,540 211170 4360 2.831

44 76,450 215530 4360

 45 219890 4360

46 224250

FITMENT

With respect to the scales of pay as already stated, the pay of the Judicial Officers in the
cadre of Civil Judge (Junior Division), Civil Judge (Senior Division), District Judge (Entry Level),
District Judge (Selection Grade) and District Judge (Super Time Scale), consequent to the
revision of pay scales by Hon’ble Justice Shetty Commission, has already been fitted in one or
the other of 1 to 44 of Master pay scale stages, but to resolve the Issue of Super Time Scale of
District Judge we have suggested 1 to 46 stage Master Pay Scale.

That being the factual position, the revision of pay scales consequent to the revision of
Supreme Court and High Courts Judges (Salaries and Conditions of Service), Amendment
notified on 27-1-2018, which upward revision works out to 2.81 times, the corresponding
increase in scale of pay has been adopted.

Increment

7th CPC is in agreement with recommendation of 6th CPC to grant increment at 3%. Because of
mean pay formula suggested by Justice Shetty Commission Justice Padmanabhan committee
was constrained to fix increment at a low rate. The rate of increment may be fixed at 3%.

ASSURED CAREER PROGRESSION SCHEME

ACP system is intended to assure pay progression to Officers within the time-bound schedule.
The scheme is designed to allow an officer the pay up-gradation when pyramidal structure of
hierarchy with reducing number of posts at higher level don’t permit promotion in the higher
cadre. With ACPs, salary of the judge moves to the next higher scale. The basic hypothesis here
is that a person of considerable experience needs to be suitably rewarded to keep his tempo of
work with high moral values and shall not to be allowed to stagnate or degenerate.

There is lack of promotional opportunities to Judicial Officers in view of the limited number of
posts. It is, therefore, necessary to provide them some form of incentive on a time-bound basis.
The scheme of ACP should be intended to afford reasonable opportunity to all the Officers in
the grade to get financial up gradation in a time-frame.
Present Procedure to confirm ACP

The high court confers ACP on the judges by considering their credentials like ACR, disposal and
other norms. The most inconvenient aspect is that list is not prepared every year. In some
States ACP is not confered since last 8 to 10 years. In short the High Court is granting ACP on
merit cum seniority basis. As discussed above in case of Executive officers financial up-
gradation as a matter of routine is granted to the officers after 5 years of service.

First few years of service of judge is the period of improvisation. The Judge tries to learn from
training, from his seniors, from advocates and even from his mistakes. In this situation he or she
is not expected to make extra ordinary progress. Denial of financial up-gradation in first 5 years
of service may create depression offices in the mind of the judge. For better management of
human resources financial incentives from time to time are a must.

Suggestions

At the most High Court can create some benchmark or the Honorable Commission may suggest
some benchmark to deny financial up-gradation i.e. ACP instead of creating benchmark to
grant ACP. This will make the system simple. On adaptation of this system after completion of 5
years of service all judges of the cadre of civil judge or senior civil judge, as the case may be, will
get financial up-gradation except the judges whose performance is not found up to the mark by
the High Court.

Similar norms may be followed while conquering conferring selection grade and super Time
Scale to the judges in the cadre of district judge.

Dearness Allowance

Suggestions

The only supplement required to earlier recommendation is to release DA of Judges alongwith

release of DA of IAS officers. Many of the States release DA of Judges with State Government
employees which frustrates the recommendation of providing DA to Judges at the rate of
Central Government employees. The Commission may recommend that not only the rate but
time of release of DA for judges and Central Government employees be same. Similar
recommendation is solicited for pensioners.

ALLOWANCES, AMENITIES AND ADVANCES

1.Medical allowances and medical facilities

Current medical facilities that are made available to the members of judiciary throughout the
country are of two kinds like full medical reimbursement of the actual medical expenses
incurred by the judicial officer for the treatment of himself or his dependant and the monthly
medical allowance to the tune of Rs.1000/- payable as a component of salary. The First National
₹ Judicial Pay Commission was gracious enough to realize the difficulties of the serving and
retired judicial officers regarding the reimbursements of medical expenses and the
cumbersome procedure related thereto. Hence, the possible points of hassles have been
tackled in these detailed recommendations. In such a background we make the following
suggestions based on our experience of the judges during the intervening period of almost
twenty years.

Problems in the present system are as under,

1. The medical benefits that are provided to the Members of respective State Legislators”
are not yet made available to the judges.

2. The medical benefits in question accordingly differ from State to State.

3. The government departments interprete various clauses of notifications leading

numerous problems of different gratitude’s.

Suggestions

Under these circumstances we respectfully submit that the benefit in question may kindly be
specifically spelt out and it is our submission that the clause “Medical Reimbursement as per
actual medical bill submitted” may please be adopted for general use because presently the
bills of heavy expenses are partially paid after deducting certain amount as non admissible
amount

2. We suggest that cash less medical facilities as provided in Maharashtra and some other
States be provided to Judges.
3. Medical allowance and medical reimbursement be tax free.

2. ELECTRICITY AND WATER CHARGES:

The Judicial Officers perform the office / court work even in their residence. So, the High Courts
of Patna, Gujarat, Himachal Pradesh, Karnataka, Madhya Pradesh, Punjab & Haryana,
Rajasthan, Sikkim, Uttar Pradesh and West Bengal have suggested that electricity and water
charges relatable to the residential office be borne by the State.
Almost all the Service Associations have urged the Commission to recommend that the entire
electricity and water charges payable by the Judicial Officers are to be borne by their State
Governments.

But this has been opposed by most of the State Governments.

RECOMMENDATION OF SHETTY COMMOSSION

We consider that since Judicial Officers are required to perform the judicial work /
administrative work in home office also, it is necessary that certain portion of electricity and
water charges should be borne by the State Government.

Allowancesy

The directions issued by the Supreme Court with regard to allowances and other related
matters in ALL INDIA JUDGES€ ASSOCIATION CASE ((1993) 4 SCC 288) are mere aids and
incidental to and supplemental of the main direction and intended as a transitional measure till
a comprehensive National Policy is evolved. Each High Court / State Government can,
therefore, adopt these recommendations of the Commission by appropriate policy rules framed
and thereupon, the directions issued by the Supreme Court need not be followed. [See: (1999)
4 SCC 235].

19.5 We accordingly recommend that at least 50% of charges of electricity and water consumed
by the concerned Judicial Officer in his residential accommodation be paid by the State
Government.

19.6 The payment by reimbursement shall be made to the Judicial Officers on quarterly basis by
the Controlling Unit Officers i.e. District Judge, upon production of the receipts for having paid
the bills.

Submission of All India Judges Association:

Electricity is nowadays the basic human necessity and very important for professional
excellence. Judicial Officers have to rely heavily upon sufficient availability of electricity in view
of large scale computerization, e-court project and NJDG. The Judicial Officer cannot work at his
residence without electricity. His laptop, computer, mobile system, mobile apps and internet
have to work 24 hours besides the use of electricity for his basic residential needs. Therefore,
the reasoning given by the Shetty Commission at the time of recommendations 50% of charges
of electricity holds true even today and the need of the electricity for Judicial Officers to work
at their residence has increased manifold in view of latest developments in technology.
Therefore, the Judicial Officers deserve 100% reimbursement of electricity. The water charges
are also required to be increased to 100% at the residence of Judicial Officers as the same is
very essential part of the necessities at their residences and the same is required to be
increased to 100%.

3.HOME ORDERLY

The system of providing Orderlies in the residence of Judicial Officers is prevalent in some of
the States like Andhra Pradesh, Karnataka, Maharashtra, Orissa, and Tamilnadu. What is being
done is one of the court Peons / Attendants is posted at the residence of Judicial Officers. The
associations of class IV employees have started taking objections to assign duty of home orderly
to class IV employees.

Suggestions

a) Payment of Home Orderly Allowance equivalent to minimum wages for skilled worker in lieu
of Home Orderly (called as Home Orderly Allowance) be paid to every Judicial Officer with
liberty to appoint a person of his choice who would be wholly under his control. Judicial Officers
would be able to appoint orderly cum driver by adding some amount of money which will
provide them ease and security.

b) Simillar allowance be provided to pensioners.

c) The Home Orderly Allowance shall be drawn by the Judicial Officer along with his pay and
other allowances in his monthly pay bill. He or she may be asked to provide proof of payme nnt
of salary to the orderly by cash, cheque or digital transfer.

d) This will be a win win situation for the Government as the person employed will not be
government servant, wages paid will be half of salary of class IV employee and govt. will not be
answerable to provide him permanent job.

4. NEWSPAPER / MAGAZINE

Justice Shetty Commission observed,

19.12 Supply of Newspapers / Magazines to Judicial Officers is intended to widen their wisdom
since they mainly confine themselves to Law Journals, Court files - to the exclusion of the world
wide information. Besides, the Newspapers are the windows through which one could keep
himself abreast with the socio-economic life of the community. Sometimes the Newspapers
give the substance of the leading judgments of the Apex Court and High Courts.

19.21 The Judicial Officer may get the Newspaper / Magazine as per his entitlement through his
local hawker upon payment in the first instance, and the Officer could claim reimbursement
from the office after producing the original bill.

Suggestions

The recommendation of the First National Judicial Pay Commission is very sound and thought
provoking in view of the fact that Judicial Officers have always to widen their wisdom and
sharpen their intellect. Therefore, All India Judges Association submits that the entitlement of
at least Two Newspapers and Two Magazines may be allowed to continue.

5.CITY COMPENSATORY ALLOWANCE (CCA)

Suggestions

The CCA may be allowed to continue as per the Recommendations of First National Judicial Pay
Commission.

6. ROBE ALLOWANCE

Justice Shetty Commission observed,

19.27 Prescribed uniform for Judicial Officers has been made mandatory. The Judges cannot
come to the Court with the dress of their own choice. They must wear the uniform prescribed
by the High Court. It has got its own advantage. It may not add colour to the Judge, but it will
certainly create an awe inspiring atmosphere in the Court. The uniform generally consists of
black coat, white shirt, black gown, necktie / band and white or grey trousers. Now-a-days, this
uniform is pretty costly. So, we have received requests from all sides for what is termed as
'Robe Allowance'.

Justice E. Padmanabhan Commission determined the Robe Allowance at Rs. 6000/- once in
three years.

Suggestions
In view of high inflation and increase in prices, increase in cost of cloth and stitching, the
amount may be increased to Rs. 15000/- payable to every Judicial Officer every year as Robe
Allowance. allowance of Rs. 1000 pm be provided.

6. A - Washing allowance

Every Judicial Officers wears Prescribed Uniform during his official duty, Looking in to Increase
in Maintenance/ Cleaning cost of Uniform, Rs.1000/- per month should be paid to every Judicial
officer Dress Cleaning or washing Allowance. Not recommended .

7. CONVEYANCE

Suggestions

Taking recent incidents of assault on judicial officers and security concerns into consideration,
we suggest as follows:

1. (a) The existing system of providing independent vehicles to every Principal District Judge
/next district judge in seniority/ Chief Judicial Magistrate / Chief Metropolitan Magistrate, as
directed by the Supreme Court must continue.

(b) Needless to state that the Principal Judge and additional principal judge of City Civil Court in
every city where City Civil Court has been constituted should be provided an independent
vehicle.

(c) The Chief Judge of Small Causes Courts should be provided with independent vehicles.

4. Independent vehicle for every judge is a necessity because of security purposes and to
maintain dignity and status of the office. Number of lady judges is increasing in trial court
Judiciary. Instances of attack on judges driving the cars are on increase. In order to avoid this
situation either a car with driver be provided to every judge or petrol allowance, salary of the
driver and maintainance charges be provided.

5. We further recommend that the Judicial Officers may be allowed to utilize the pool car for
their personal requirements when it is not on duty for Court purposes, by providing reasonable
charges.

6. The Judges may be given liberal soft loans with nominal interest to purchase car upto Rs.
1000000/- ( Ten lakhs).
7. The judges to whom neither pool car is provided nor they are using their own car Conveyance
allowance at the rate of Rs. 10000 pm be provided.

A security personal from the police force be provided to all judges, who will accompany the
officer from his residence to the court and back home . Diring the court houres his services can
be utlised for official purpose such as preparation of Summons and warrants. The guard should
be provided to all officers .

7. A - VEHICLE MAINTENANCE ALLOWANCE -

In existing system Judicial officer except District Judge I Additional District Judge ( In case of
U.P.) and CJM use their own vehicle for official purpose and they get only fuel for his vehicle,
therefore it is submitted that for maintenance of vehicle Rs.25000/- per year should be paid to
every judicial officer. Not recommended .

7. B - DRIVER ALLOWANCE -

Judicial Officer uses his own vehicle for official work, normally he/she drives the vehicle,
nowadays when traffic has been increase several times, looking into the safety and security of
Judicial officers vehicle should be driven by trained and qualified driver therefore the Driver
allowance equal to the minimum wages of skilled Labour should be paid to Judicial officers who
uses his/ her own vehicle, every Month.Not recommended . House servent allowance is paid to
you.

8. SUMPTUARY ALLOWANCE

Recommendations of Justice Shetty Commission -

19.81 After giving the fullest consideration to the problem presented, and having regard to the
sumptuary allowance of Rs.2,000/- p.m. granted to the High Court Judges, we recommend
sumptuary allowance at the following rate:

Category of Judicial Officer Rs. per month

District Judge 1,000/-

Civil Judge(Sr.Dn.) 750/-

Civil Judge(Jr.Dn.) 500/-

19.82 Since sumptuary allowance is intended to extend courtesy, it must be made tax-free.

The Hon'ble Justice E. Padmanabhan Committee was pleased to set out formula taking the
mean pay and ratio which prevailed earlier to calculate new rate.

Suggestions

1.The Sumptuary Allowance may be increased in proportion to the allowance received by the
hon. Judges of High Courts under whatever name it may be. 50%, 37.5% and 25% of the
allowance paid to hon. High Court Judges be paid to the, District Judge, Senior Judge and Civil
Judge respectively.

9. HILL ALLOWANCE

Recommendations of Justice Shetty Commission -

19.83 The Hill Allowance came into vogue in the context of the increase in emphasis on raising
the tempo of developmental activities in the Hill areas with a view to reducing the disparity
between the Hill Districts and the rest of the areas by encouraging the civil servants to work
with enthusiasm in the Hill Areas and especially in the interior areas.

The Justice E. Padmanabhan Commission recommended Hill Allowance at the rate of Rs. 1500
Per month.

Suggestions

In view of the posting of the Judicial Officers at hill stations in the North East and J&K and taking
into consideration the harsh weather vagaries and hardships the Hill Allowance may be
increased to Rs. 5000/- per month.

10.RISK ALLOWANCE

Recommendations of Justice Shetty Commission -

19.89 The risk can be divided into two categories; one category would be covering areas where
risk is gradual and insidious, like the danger of cancer for a Radiographer; the other category is
where there is contingent danger to life or limb due to injury or attack as a direct consequence
of the performance of official duties. Normally risk allowance is given only to cases falling in the
first category.

Suggestions

The Judicial Officers are required to be provided comprehensive insurance cover particularly in
the areas like J&K and North East as the Judicial Officers are dealing with very sensitive matters
fairly and fearlessly.

11. MEDICAL FACILITIES

The right to health with medical care has been recognized as a fundamental right guaranteed
under Article 21 read with Articles 39(e), 41 and 43 of the Constitution.

This has been so declared by the Supreme Court in CONSUMER EDUCATION AND RESEARCH
CENTRE AND OTHERS vs. UNION OF INDIA AND OTHERS1.

. "The right to health to a worker is an integral facet of meaningful right to life to have not only
a meaningful existence but also robust health and vigour without which worker would lead life
of misery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

REIMBURSEMENT :

19.118 The Members of Parliament are entitled to reimbursement of medical expenses

incurred by them on the treatment of self / family members if they are treated elsewhere
where Central Government Health Scheme is not provided. For this purpose, a Member has to
prefer the claim in the prescribed form. The claim should be duly countersigned by the
Authorized Medical Attendant and supported with the cash memos and receipts.

Our recommendation : 19.119 The grievance of the Judicial Officers on the existing medical
benefit rules cannot be unjustified. Their schedule of Court timings would not permit them to
go and wait in the Government Hospitals when they are badly in need of treatment assuming
that the Government Hospitals are as good as private hospitals. Secondly, the Judicial Officers
do not have the liberty to contact anybody to get things done like the Executives. So much so,
the Judicial Officers rarely go to the Government Doctors or Hospitals.

19.120 But, we consider that the payment of a lump sum every month as Medical Allowance in
lieu of all medical benefits is not a solution to the problem, but an escape from it. Any such
allowance will be only a monetary benefit and does not really confer medical benefit.
Justice E. Padmanabhan Committee maintained the Recommendations of First National Judicial
Pay Commission with an increase of Rs. 1000/- in the Medical Allowance of Judicial Officers.

Suggestions

The Recommendations of First National Judicial Pay Commission may be maintained but the
monthly Medical Allowance is required to be increased to Rs. 5000/- per month.

12. LEAVE TRAVEL CONCESSION (LTC) / HOME TRAVEL CONCESSION (HTC)

Recommendations of Justice Shetty Commission -

19.142 Keeping in view the various suggestions of the High Court’s / State Governments and
Service Associations and the nature of work of the Judicial Officers and also bearing in mind the
basic philosophy underlying the LTC scheme, we make the following recommendations :

1) The LTC shall be provided to all Judicial Officers :

a) Once in four years to any place in India;

b) For entitlement of first LTC, one must have put in not less than 5 years of continuous service;

c) No LTC shall be allowed within one year before retirement*;

2) HTC : All Judicial Officers shall be provided HTC once in two years;

3) The entitlement for the journey would be according to the Rules in the respective States.

4) In view of the general opposition, we are not inclined to recommend cash payment in lieu of
LTC. We are also not inclined to recommend carry forward of LTC beyond retirement.

Justice E. Padmanabhan Commission suggested modification by recommending that Judicial

Officers may be permitted to avail LTC on completion of continuous service and after successful
completion of the period of probation while retaining the black period of 4 years as eligible
period. The Commission maintained the block period of 4 years.

Suggestions

L.T.C should be provided to all Judicial Officers:-

a. Leave travel concession to travel to SAARC countries be provided every two years.
Judges be allowed to travel to one foreign country beyond SAARC countries every four years.

b. HTC:-All Judicial Officers should also be allowed HTC every year.

If a Judicial Officer is not in a position to avail the LTC, he shall be permitted to encash the
same. Air Travel Should be allowed for LTC &HTC to all Judicial Officers

13.SPECIAL PAY

Recommendations of Justice Shetty Commission -

19.143 The Commission has formulated the following question seeking the views and
comments from the concerned on "Special Pay" :

Q. No. 35: In some States like Assam, Haryana, Kerala, Maharashtra, Gujarat, West Bengal, Goa
and Jammu & Kashmir, varying Special Pay is paid to certain categories of Judicial Officers.
What according to you shoul iod be the consideration for determining the posts to which
Special Pay could be attached? Is it not advisable to provide Special Pay only to those posts
which in addition to the judicial work, have administrative work as well.

J. Padmanabhan Commission maintained the Recommendation of the First National Judicial Pay
Commission

Suggestions
The All India Judges Association submits that many judicial officers perform enormous
administrative work in addition to Judicial duties. They perform administrative work after
additional investment of time and energy after the Court work therefore, they deserve Special
Pay of Rs. 5000/- for administrative work as officer in charge of various deparments(i.e.
Nazarat, Infrastructure, Copying, Computer , Adminitration, Public information, D.D.O.,
Litigation, and Court Management ). This will motivate the officer to work extra time. Not
recommended

14. CONCURRENT CHARGE ALLOWANCE

Recommendations of Justice Shetty Commission -

19.148 Normally charge allowance is being paid to those holding additional charge of a post
with equal or higher responsibility. For the payment of such allowance, usually, it is stipulated
that one should have held additional charge for a minimum period of certain number of
working days ranging from 14 to 30. In some States charge allowance is being paid to Judicial
Officers whereas in some other States they are not given any charge allowance.

19.155 OUR RECOMMENDATION : i) We have given our consideration to all aspects of the
matter.

We recommend that charge allowance be paid to the Judicial Officer when he is placed in
charge of another Court continuously beyond the period of ten working days and if he performs
appreciable judicial work of that Court.

ii) The charge allowance be paid to such Judicial Officer at 10% of the minimum of the time
scale of the additional post held.

The Hon’ble Justice E. Padmanabhan Commission maintained the Recommendations of the First
National Judicial Pay Commission.

Suggestions

The All India Judges Association submits that the Recommendations of the First National
Judicial Pay Commission may be allowed to continue with increase in the Concurrent Charge
Allowance from 10% to 20% of the Basic Pay.

15. ENCASHMENT OF LEAVE AND LEAVE SALARY

19.156 Encashment of earned leave while in service has been allowed in some of the States;
viz., Andhra Pradesh, Gujarat, Karnataka, Kerala, Maharashtra, Orissa, Rajasthan, Sikkim, Tamil
Nadu and Uttar Pradesh. However, there is no uniformity in such scheme of encashment of
leave in the States.

(iii) The encashment of leave be made tax-free.

The Ho’nble Justice E. Padmanabhan Commission maintained the Recommendation of the First
National Judicial Pay Commission.
Suggestions

All India Judges Association submits that the reasons given by Hon’ble Shetty Commission in
support of the Leave Encashment are very cogent and more relevant even today with little
modification. Therefore, the Judicial Officers may be allo uiwed the tax free concession of Leave
Encashment once every year instead of block of two years. 365 days leave encashment at
retirement be allowed. All allounces paid to the judge should be tax free including the HRA
when goverment has not provided any quarter to the judge.

14. A - INCENTIVE FOR NOT AVAILING MEDICAL LEAVE -

If Some Judicial officers keep them fit and do not avail Medical Leave. It is Matter of
appreciation and he/ she not only devote his service for the institution by keeping him fit but
also saves the money which is paid to the staff of his court in case he remains on Medical Leave.
Therefore the Medical Leave saved by him should be made encashable as in the case of earned
leave.

15. TRANSFER GRANT / DISTURBANCE ALLOWANCE

The recommendations of Shetty Commission was that all States to follow the Government of
India Rules for payment of Transfer Grant in case of transfer of judges. Till then, the existing
rules in each State / UT would also govern the Judicial Officers.

The Ho’nble Justice E. Padmanabhan Commission maintained the Recommendation of the First
National Judicial Pay Commission.

Suggestions

All India Judges Association submits that the Recommendation made by the First National
Judicial Pay Commission may be allowed to continue.

15. A - HOUSE FURNISHING ALLOWANCE -

After every transfer damage is caused to every household items including furniture which is
very costly therefore it is submitted that on every transfer the House Furnishing Allowance Rs.
100000/- be paid to every Judicial Officer.Not recommended .
16. HOUSING, HOUSE RENT ALLOWANCE AND RELATED ISSUES

Housing is a basic need, next only to food and clothing. But the provision of this minimum need
has lately become difficult on account of factors like excessive population pressure, growth of
urban agglomeration consequent upon industrial development, the 'push' and 'pull' factors
leading to migration from rural to urban areas. We have too many people chasing too little
housing. It is, therefore, necessary that the State should assume greater responsibility on the
question of housing.

Hon'ble Supreme Court in the main judgment in the All India Judges' Case1 has observed that :

"33. Provision of an official residence for every Judicial Officer should be made mandatory. A
Judicial Officer to work in a manner expected of him has to free himself from undue obligations
of others, particularly owners of buildings within his jurisdiction who ordinarily may have
litigation before him. This is mostly the case in rural areas where outstation judicial courts are
located. We are aware of cases where a rural court is located in the building belonging to a
lawyer or a client. Even the residential accommodation of the judicial officer belongs to people
of that category. Such a situation often gives occasion to personal embarrassment to the
judicial officer and it has to be avoided.

Justice Shetty Commission recommended as following:

1. All Judicial Officers, irrespective of their cadre, should be provided with Government quarters
according to their entitlement. If adequate Government quarters are not available at a time,
the Government shall requisition the proper houses and make available to the Judicial Officers.

2. Government is entitled to collect by way of rent an amount not exceeding 12.5% of the basic
pay of the occupant of such accommodation every month, since we are inclined to recommend
payment of House Rent Allowance to every Judicial Officer irrespective of providing
Government quarters/requisitioned houses.

3. All Judicial Officers are entitled to House Rent Allowance at the rate provided to the
Government servants in the respective States/UTs.

4. Judicial Officers who occupy their own houses with the permission of the High Court are also
entitled to H.R.A. at the same rate as provided to the corresponding Government employees.

5. We earnestly appeal to all State Governments/U.T. Administrations to undertake a "crash

programme" for house construction for Judicial Officers and for the Court Complex with the
assistance of Planning Commission and Government of India and complete such programme
during the next two to three years.

6. The Government quarters/requisitioned house provided to Judicial Officers must have

separate space for 'Home Library' and the necessary books and the furniture of the Home
Library shall be at the cost of the High Court, which shall be administered and managed by the
Principal District Judge of the District.

7. The Drawing Room of each such quarters/houses shall be reasonably furnished with a sofa
set, carpet, teapoy and one or two side tables and chairs at the cost of the High Court / State
which shall be administered and managed by the Principal District Judge.The upholstery of
every sofa-set should be changed once in three years.

8. The regular maintenance and repairs of Government quarters allotted to Judicial officers
shall be the obligatory duty of the Public Works Department, since it is not possible for the High
Court to maintain a separate department for this purpose.

9. A certain percentage of sites / houses, wherever they are available for allocation / allotment
by the Housing Board /City Improvement / Development Authorities etc., should be ear-marked
for allotment to Judicial Officers by the respective State Governments / UTs.

The Ho’nble Justice E. Padmanabhan Commission maintained the Recommendation of the First
National Judicial Pay Commission.

Suggestions

All India Judges Association submits that the Recommendation of the Hon’ble Shetty
Commission may be continued.

17. TELEPHONE AND INTERNET FACILITY

The Ho’nble Justice E. Padmanabhan Commission maintained the Recommendation of the First
National Judicial Pay Commission.

Suggestions

All India Judges Association submits that internet facility is important and unlimited data
package is indispensable in the era of information technology Therefore, in addition to landline
facility with unlimited internet package as well as cell phone facility with unlimited data
package may be provided to every Judicial Officer to discharge his duties efficiently. Either
entire amount of expenditure be reimbursed or allowance of Rs. 8000 3000 pm be paid which
is equivalent to amount paid to the MLA. Judge should be at liberty to choose the service
provider for internet facility.

18. ADVANCES

Recommendations of Justice Shetty Commission -

19.227 The Government provides loans and advances to its employees for various purposes,
which include house building / purchase advance (HBA / HPA), motor car advance, marriage
advance, festival advance, advance for miscellaneous purposes like purchase of Khadi /
Handloom cloth, warm clothing etc. All these facilities are hitherto extended to Judicial Officers
also by the respective States / UTs.

19.228 Some advances are interest-free for e.g., festival advance, advances in connection with
transfers, tours and journeys on LTC., whereas other advances like HBA /HPA, purchase of
conveyances, personal computers, etc., are interest bearing.

Suggestions

ADVANCES FOR CONSTRUCTION / PURCHASE OF HOUSE :

Normally every judicial officer resides in type V residence during his/ her entire 25 to 35 year of
service therefore it is submitted that the Interest free Home Loan should be provided to Every
Judicial Officers for purchase of House of the size of Type V Govt. Houses. Reservation should
be made in all Housing Development schemes of every State for Judicial Officers.

19.DEPUTATION ALLOWANCE -

Deputation allowance should be paid uniformly 10% of Basic pay to all Judicial Officers posted
in each & every department.

20. INCENTIVE FOR WORKING ON HOLIDAYS-

Several Judicial Officer perform Judicial and non-Judicial work during holidays, therefore,
incentive and compensatory leave should be given for working in LokAdalat, Legal Literacy
camp or other programmes of Legal service Authority and Bail & Remand work during Holidays.
The admissible vacation of 2 weeks for every judicial officer should be allowed to be enjoyed
during any part of the year as per his convinence.

21. CHILD EDUCATION ALLOWANCE

Now a day it’s difficult to get admission in primary schools, colleges and professional courses.
Judges Transferred every three year to a new place find it difficult to educate their children in
good educational institutions.

Suggestions

1. Priority should be given to children of judges in admission. If required seats be reserved

as transfer quota for wards of judges.
2. Admission shall be without donation.
3. Considering high amount of fees allowance of Rs. 5000/- pm per child or actual fees paid
whichever is lesser be allowed.
4. Education loan on priority basis be made available for wards taking higher education.
5. Issue of passport and visa be eased for the wards going out of India for higher
education.

22. Accommodation and House Rent Allowance

Recommendations of Justice Shetty Commission

OUR RECOMMENDATION :19.193 Having given our anxious consideration to the grievances of
the respondents, we recommend the following:
1. All Judicial Officers, irrespective of their cadre, should be provided with Government quarters
according to their entitlement. If adequate Government quarters are not available at a time,
the Government shall requisition the proper houses and make available to the Judicial Officers.
2. Government is entitled to collect by way of rent an amount not exceeding 12.5% of the basic
pay of the occupant of such accommodation every month, since we are inclined to recommend
payment of House Rent Allowance to every Judicial Officer irrespective of providing
Government quarters/requisitioned houses.
3. All Judicial Officers are entitled to House Rent Allowance at the rate provided to the
Government servants in the respective States/UTs.
4. Judicial Officers who occupy their own houses with the permission of the High Court are also
entitled to H.R.A. at the same rate as provided to the corresponding Government employees.
5. We earnestly appeal to all State Governments/U.T. Administrations to undertake a "crash
programme" for house construction for Judicial Officers and for the Court Complex with the
assistance of Planning Commission and Government of India and complete such programme
during the next two to three years.
6. The Government quarters/requisitioned house provided to Judicial Officers must have
separate space for 'Home Library' and the necessary books and the furniture of the Home
Library shall be at the cost of the High Court, which shall be administered and managed by the
Principal District Judge of the District.

7. The Drawing Room of each such quarters/houses shall be reasonably furnished with a sofa
set, carpet, teapoy and one or two side tables and chairs at the cost of the High Court / State
which shall be administered and managed by the Principal District Judge.
The upholstery of every sofa-set should be changed once in three years.
8. The regular maintenance and repairs of Government quarters allotted to Judicial officers
shall be the obligatory duty of the Public Works Department, since it is not possible for the High
Court to maintain a separate department for this purpose.

9. A certain percentage of sites / houses, wherever they are available for allocation / allotment
by the Housing Board /City Improvement / Development Authorities etc., should be ear-marked
for allotment to Judicial Officers by the respective State Governments / UTs.

Suggestions

1. All most all the States have not implemented these suggestions in entirety. Now we suggest
that the above recommendations should be strictly implemented.

2. In the metropolitan cities where it’s almost impossible to get accommodation on lease in the
vicinity of court government accommodations equal to the no. of sanctioned post of judges and
of the category of entitlement in the city be earmarked.
3. If a judge required to reside in leasehold property rent paid by him be directly paid to
landlord as it is responsibility of the State to acquire accommodation for judges on rent. If such
arrangement is not possible rent be reimbursed.

4. When a judge occupies accommodation owned by him or his relative HRA admissible to
central Government employee under 7th CPC be paid to him.

The state goverment should make regiments of residential quarters for the judges which have
adequate facilities of solar water heater and water purifiers installed in the shade quarters.

23. Risk allowance

Justice Shetty Commission denied accepting demand for risk allowance by contending that
judges shall carry out their duty fearlessly. The Judges are doing so, however experience post
Shetty Commission shows that judges are being assaulted, beaten by litigants and local people.
The judges are also victim of stress and depression which had driven some of them to death.
Recently few judges who even have not completed 10 years of service. May it be so, we don’t
demand allowance because it’s not the answer to the problem.

Suggestions

Life insurance cover of Rs. 2 crores be taken for each judge which will hardly cost Rs. 25000 to
Rs. 30000 pa per judge to the State.

24. Office maintenance Allowance

MLAs are given Rs. 10000 for postal expences and Rs. 10000 per month. Judges are also
maintaining office at home. Allowence of Rs. 20000 pm be recommended for office
maintenance.

25. Paternity leave

Concept of paternity leave be adopted and 2 months leave be granted to male judicial officers
to discharge parenting duties whenever they have a child.

26. Rural area Allowance

A judge posted at rural place often has to visit nearby town for medical assistance, purchases
etc. Sometimes he or she has to keep his/her children in town for education. Bank officers have
limited period of posting in rural areas. Police officers get upgraded salary when they work
discharge duties in anticorruption branch, crime branch etc. Considering these odds following
are three suggestions,

a. Posting of a judge in rural area i.e. a place less than population of 40000 be limited to 2
years.
b. He shall have such posting 2ce in his service carrier.
c. He shall be given one step ahead salary than his regular salary till he is workingin rural
area.

27. Deputation Allowance

Allowance equal to 10pc of basic pay be given to the officers who are send on deputation as
they have to perform task different from the judicial task and they have to take extra efforts to
discharge deputation duties.

28. Five days week

Considering the mental strain of discharging judicial work the judges require 2 days in a week to
recharge their abilities and also to give some time to family members, hence every Saturday
and Sunday be declared as holiday for Judges.

29. Handicapped Allowance

Considering the courage of person working under disability and considering odds encountered
by him/her allowance equivalent to 10 pc of basic pay be given to a judge who is handicapped.

30. Home Library

Digital compilation like Lexis Nexis be subscribed for judges or allowance of Rs. 25000 per
annum be given to maintain home library.

Case law software be provided to every judge as per the recommendations of NJA.

31. Air travel facility

Expenses for air travel while availing LTC and HTC by a judge and his family members be
reimbursed. Expenses for air travel for office work by judge be reimbursed.

32. Additional increments for higher education

In consinence with recommendations of Justice Shetty Commission and in view of resolutions of

several States a Judge who is LL.M. at the stage of appointment or a judge who acquired degree
of LL.M be granted 3 additional increments. Similarly 2 additional increment be granted to
judge who has beeh conferred with PhD in law.

The said increments be given at every stage of the promotion of the judge.

33. Increase of allowances with rise of DA

All the allowances be increased by 25% whenever DA reaches 50% as a condition of service
without requirement of any sanction from the government.

34. Facility of transit/ guest houses

It is difficult for judges to get accommodation in government rest houses. On transfer the Judge
has to join his duty before allotment of accommodation. There is no transint accommodation
facility at many stations.

Suggestions

Facility of separate guesthouses transit quarter be made available to jusges at every station.

35. Special leaves for office bearers of State Associations and All India Judges Association

Special leave be granted to office bearers to attend meetings of association including the time
consumed for journey to reach destination of the meeting.
School admissions on priority basis be made available in all schools for the chdren of the judges
transfered to a new station.

Proper security should be provided to the residential quarter colony of the judges day and
night.