All India Subordinate Ce 1 Staff Association (AISCSA) a Head office: 876Ka, Ward No.11, Robertsgan) Sonbhadra(W.P)251216 Sec District court « WM.) vail giscsu2017%gmalloom Whatsapp : 7007539397 Herter :@eourtwala Wo, Most respected Hon ble The chief justiee, Hon'ble Supreme Court, Tilak Marg, New Delhi 110001 | Through ‘The Prineipal private seereta Peeters Hon'ble Chief Justice, Bathe ta Supreme Court, New Delhi Ssntor vice Breceicacl |p |LNS AISCSA/SC/CII/01 2024 dated: 12.02.2024 | lent__“Subject__ Appointment for expression of soreness and redressal of Subordinate | Sanjay Surothiya court employees of India. | aan. | Most respected Hon'ble Lordship, Vice President With profound respect, Concerning the subject cna hare | mentioned above, the association would like to bring to the Most respected toe |Tordship's kind notice that AISCSA has received requests for various problems from sienna Srivavava lS members from throughout India 10 make @ humble submission before the | (Haryana) Hon'ble Apex court to be kind enough to take necessary action. After discussion shai Pras! Padi |with the executive committee members of the association, a resolution was passed (Odisha) by the committce to make a representation. on account of such resolution, 1 have | Haramoet Singh honour to pray for changes in existing rules/fresh direction for the speedy redressal (Punjab) of grievances ete which are detailed hereunder: Pantha Prati Das “rhe duties and responsibilities of the clerical post in subordinate courts (West Bengal) Jare not comparable with their counterparts in the government. The judicial Rakesh Shara ‘employees have quite different natures of work. They are compelled to work beyond (harkhand) the working hours to complete the day's work. There is no question of Nasi Kalavata postponement of the next day. They hardly get sufficient breaks during lunchtime. (Gujarat) Their work is specialized and time-bound. They are required to familiaize| Prakash Mahan themselves with all the Acts, Rules, and Regulations of the Central and State (Maharashtra) |governments. They have a backbreaking workload given the ever-increasing iy Saka | pendency in courts. They have a higher responsibility to implement faithfully the (Arunachal Pradesh) judicial orders of courts. They have to keep the courts functioning on time time: biti bound basis for which they are often forced to work beyond office hours and (Manipur) [Sometimes even on holiday. Ce “In our system of administration of justice, the position of clerk is pivotal (Mizoram) Around him revolves the entire proceedings of the court. Indeed, he is the master of Cin Kashminy tH cOUR. He must assist the presiding officer of the court and interact withthe |advocates and the litigant public while at the same time keeping in touch with the ee [various branches of the court He is required to know the various sages ofthe case Pe a that are posted for orders or disposal for the day and inform the presiding officer of SES BIER the court. Court clerks should have certain attributes, like diligence, quickness in Head. LT.Cell grasping, sound knowledge of the court procedure, and familiarity with the provisions of the Act and Rules. They form an integral part of the judicial system. ccta) Srivastava (MLB) {They help to perform the judicial process efficiently and effectively. Court's activity Viney Singh (Haryana) |i absolutely labour intensive and service-oriented. The specialization, which the Aianindar Singh(Punjab) {judicial employees inherit, is not properly appreciated and they are compared with National Secretary ‘staff of other Government departments. Considering the expertise they gain, the) ‘stress they undergo, the hick-ups they suffer, all required to be aptly recognized and Executive Council ‘compensated for” Awadlhesh Mishra (M.P) All the above comments are part of the First National Judicial Pay | Shivashiv Dadheechi(Raj.). |Commission's (Justice J.Shetty Commission) report which reflects the ground-level | story of subordinate court employees. | ‘Zonal President 'AISCSA seeking blessing from the most respectable Hon'ble Chief | i Sarvesh Shrivastava \Justice of India for the redressal of common collective grievances of subordinate (North India) ‘court employees of India, The best part of this letter is that all the grievances are | [Rakes vers related to STRICT COMPLIANCE OF EXISTING RULES which is not (Central India) |followed/complied with by competent authority. Laishram Premananda "The common collective grievances of subordinate court employees core Eat are as follows - veg ee Peg 1 Pendency of cases in subordinate courts of India now becomes ne national judicial problem. We are indeed facing a lack of infrastructure. We cannot ‘Stop filing new cases due to the legal awareness of Indian citizens. Pendency is in 4All India Subordinate Court Staff Association (AISCSA) office: 876Ka, Ward No.1, Robertsganj Sonbhadra(U.P.)231216 us, Teekamgarh (M.P.) Seer District court ca Website: wwwaiscsa.com Email: aiscsa2017@)g Whatsapp : 7007539397 Tweeter :@courtwala Dr Anurag Shrivastava Ey M.Com., Ph.D. the trial courts distributed among different courts and finally the custodian of! President record. It is difffeult for the dealing assistant to effectively manage their seats and keep track of the files entrusted to them. On February 28, 2008, the then Hon'ble Sui Nath Chief Justie of the Delhi Iligh Court suggested that a dealing seat should not have | Patron ‘more than 500 files. (As mentioned in Hon'ble Delhi High Cour’s order dated May (09, 2014 in Writ Petition (C) 891/2013 Manju Khanna Vs the Registrar General, | Surendra N.tos The Delhi High Court | (Rajasthan) ‘At present, due to heavy pendency, the subordinate courts fix generally | Senior Vice President 99.399 fies including miscellancous applications per day for hearing, After passing Orders in regular cases and miscellaneous applications, the compliance is done by’ okt ce the dealing clerk only. To complete pending work, they are compelled to work on eee acne holiday even during summer and winter vacations too which results in their social ee Paeiaeee Joss, They cannot attend social functions, they cannot attend their kid's function, Rena suse “they cannot company their family members for medical checkups, and they cannot (Del) ‘attend funcral functions oftheir relatives. Even they do not grant Casual leaves for Shailenda Sriva their emergency work. Which resulted in resignation from service, Voluntary (Haryana) retirement from servie, and in the worst ever cases commiting suicide. When any letter is issued from Hior’ble High Court for collecting any information regarding the uth ‘case, they are compelled to prepare it within no time. It is very hard to mention’ (Odisha) Harmieet Singh Jere all these things but I must bring the real picture of the subordinate judiciary| (Punjab) before the most capable person of the Indian judiciary. ata Prati Das "AISCSA most respectfully prayed that the most respected his lordship |cwest Bengal) ‘would be pleased to pass the appropriate order to fix the maximum number of files Rakesh Sharma to any dealing assistant. f the number of pending files crosses the maximum (sharidand) ‘number; an assistant should be provided on an urgent basis. | Yasin Kalavatat (Gujarat) 2 [All the newly appointed employees of the subordinate courts should be| Prakash M.Kutkarni [posted preferably in their home town or home zone which is within 100-150) arn sshtra) ‘kilometers range from their home town. As there is a smaller number of holidays in | ij Saha comparison with the respective state goverment. Besides the lack of suffcient| ((arunachal Pradesh) {forays ere is no crystal clear transfer policy in high cours for speedy and time Kkh.Bhubon [bound disposal of transfer applications moved by needy employees. I is pertinent to ene ‘mention that subordinate court employees neither get holidays available to high te court employees nor their counterparts in other state government departments. aiaoeme ‘AISCSA hereby prays to the most respected his lordship that he may Cee cash [Please to past the appropiate order 1 follow a crystal-clear tansfer policy fr inter judgeship transfer. | Sani a 3. ‘After the implementation ofthe I-Court project all the court work being| ace {done on computer also ths is addition to routine work. Court employees are already [Fee Oe overburdened and computerization increases exra load to their routine work, ri a| | humble request to the most respected his lordship may pass an appropriate order to Neeraj Srivastava (MP) {provide @ computer staff exclusively for computer work only in each court. The Virendra Singh (Haryana) jemployees working in the computer section are not being given the technical pay nindar Singh(Punjab) {scale while the System officers and System assistants appointed on a contractual An [National Secretary basis are being given the benefit ofthe technical pay scale. | 'AISCSA hereby prays to the most respected his lordship that he may, Executive Council ;please to pass appropriate orders for giving technical pay scales to the employees |awadbesh Mishra (ML) — | working in the computer section, Shivashv Davech(Ra.) | 4 la. ‘After the recruitment of clerical staff they are directly posted to cours Zonal President without proper knowledge of the court process which is equally dangerous for their| Saves Sta career as well as litigant, | [ate a AISCSA hereby prays to the most respected his lordship to pass an (cesra tema) appropriate order for compulsory training for newly recruited staff before posting to Laishram Premananda [PY COUFE Xr Psed Rao 5. Lok Adalat is playing a historical role in reducing the pendency of (Gouth India) subordinate courts. It is pertinent to mention that the district legal service authority has only 1 class Il! and 1 class IV employee. To conduct any Lok Adalat, the oeWebsite: wow E Dr Anuraag Shrivastava M.Com., PhD. President Sri Nath Lal Patron Surendra N ost (Rajasthan) Senior Vice President General Secretary Vice President Hemant Sharm (ethiy Shalendea Srivastava (itaryana) Bair Prasad (Odisha) Harmect Sigh (Punjab) Partha Prati Das (West Bengal) Rakesh Sharm (harkhand) Yasin Kalavatar (Gujarat) Prakash M.Kulkarm (Maharashtra) Biju Saikia \(Arunachal Pradesh) Kh.Bhubon (Manipur) Korabis Dennis (Mizoram) Aejaz Dar (Jammu & Kashmir) Sanjay Tiwari Treasurer Pradeep Dixit Head- LT.Cell Neeraj Srivastava (MP) Virendra Singh (Haryana) | Amanindar Singh(Punjab) [National Secretary Executive Council Awadhesh Mishra (M.P) Shivashiv Dadheechi(Raj.) Zonal President Sarvesh Shrivastava (North India) Rakesh Verma (Central India) Laishram Premananda, (North East) Vara Prasad Rao (South India) [ESPACE SASS All India Subordinate Court Staff Associa’ n (AISCSA) 1p.)231216 ward No-L1, Robertsgan) Sonbhadra( dance peat, District court campus, Teekamgark (M. secret por@ymaibcom Whatsapp : 7007539397 twee es | set judge dvets subordinate officers t0 fix he Guy of his staf for suance of Diss Judge dies som ota wortied besides rosie court work After the Se yak dat eran werk ike maining fl reds don rand succes only. For al hese aces Joc officer gets one dy by the concerned rnc Adalat white te staff tone dy of compensatory compensatory a oto 10k Adalat. rs Natonal Jodi Pay Commission eee oe ae pa to those who ae performing duty i Lk Adalat has recommended Se Oy ate goverment paying ths amount. While every 10k rer ene governor gu ge amour asics, cou fs es NSCS Adalat ev) a oat repented his lordship to pass an effective order inthis rogard. | ier :@courtwala 6 rimely promotion is another very big issue for subordinate court) S ployees. It sto bring the fact before the most respected lordship that there ore Tea evmetional posts in the subordinate judiciary. Every employee eagerly waited | for his promotion but at the time of promotion, he found that his appointing | ‘Ritnoney not taking interest in the timely promotion of employees. Iisa hard truth) |that subordinate court employees hardly get the terminal dues on time. AISCE pauy prays tothe most respected his lordship to pass appropriate order in this] regard | > moter tonnes horns our enpers wk sulficemt- frumber of Gazetted posts in district judgeship. AISCSA hereby prays to the most respected His Lordship to pass an order to declare 5% of the sanctioned post should be declared as First class gazetted and 20% of the sanctioned post should be declared as Second class gazetted | ®. Lots of female employes have joined the district judiciary. 1am very Sey to mention here that there are no basi amenites available in subordinate are SCSA Renby pra othe most respected His Lordship to pass an order to aos ri lune amen fo al erployens aa Separ| Eommon rom for female employes on every court campus. | lo. ‘The First National Judicial Pay Commission (J.Shetty Commission) Tecommended medical allowances for Judicial officers and class four employees lonly, Tis beyond belief that class II! employees never suffer from any disease 'AISCSA hereby prays to the most respected His Lordship to pass an order that All| the employees working in subordinate courts should be issued cashless medical facilities and a health card should also be issued in their name and family member’ | name so that one can get the medical assistance from any hospital/medical institute | in all over India, 10, The right to equality before the law is a vital part of our most respected constitution. It becomes more important when it connects with the judiciary. First National Judicial Pay Commission recommended Leave Encashment facility to the judicial officer but in the case of subordinate court employees they left the matter to the respective state government which resulted in some state employees are| ‘subordinate court getting the benefit of leave encashment and other states not setting the same. AISCSA hereby prays to the most respected His Lordship to pass a) direction to all the state governments to provide leave encashment facility to) Subordinate court employees too except those states, who are already giving this| facility to district court employees. | 1. ‘This ultimate grievance belongs to those people who serve our respected | Judicial officers. Their biggest grievance is that there are no duty hours for him. ‘They are compelled to work at home offices (say domestic work), court offices, and lagain at home offices. There are lots of provisions and circulars for him but no implementation at ground level. They hardly attend their family function on time. | [AISCSA hereby prays to the most respected His Lordship to stop any kind of duty at_ ithe residential office of Class IV/Group D employees or make the duty of the @a ee ee ae en ee oe CO ee ee | | See ee ee All India Subordinate Court Staff Associa ion (AISCSA) —. Head office: 876Ka, Ward No.11, Robertsganj Sonbhadra(U.P)231216, P Secretariat: District court campus, Feekamgarh (M.P) Website wmmaiscsa.cam I mail Aggmacam Whatsapp : 7007539397 Tweeter :@eourtwala Dr Amuraag Shrivastava 4 M.com. PRD. employee optional and for this they should be given special allowances like siden stenographer eas VW om The last and ultimate grievance of lower court employees is their status. Sri Nach La He does not know whether he is an employee of the State Government or his Petre respective High Court. ‘The reality is that the employces of the subordinate courts of the country are neither fully considered employees of the State Government nor Surendra NJ employees of the High Court. In sucha situation, when they have to go to the state (Rajasthan) government for any demand, then the State Government says that they are under Senior Vice President he administrative control of the High Court, you should demand from them. On ; going tothe High Cour, itis sad that you are an employee ofthe state government, eee cenue you demand from the government. it ean also be understood that we neither get the ener ‘benefit of holidays declared by the State government nor the holidays declared by ee the High Court. The High Court publishes a separate calendar for us which is sa Sean tifferent from the calendar of the High Court and the State Government. (Dani) sides the above, i is pertinent to mention here thatthe Hon‘ble Apex s vous COUR gave benefits of the First National Judicial Pay Commission (J.Shetty (aryana) Commission ) vide order dated 07.10.2009 in Writ Petition (Civil) number 1022 of Bhat Pra Phi 1989 All India Judges Association versus Union of India and others to employees of (Odisha) subordinate court of the couniry. the order dated 7.10.2009 was extended on tarmeet Singh 16.03.2015 stating thatthe benefits recommended by the First National Judicial Pay (@unjaby Commission (J Shetty Commision) would continue tobe available not ony inthe arth Prati Das 5th Pay Commission but also in the 6th Pay Commission and every future Pay (West Bengal) Commission, notwithstanding even today, there is no State in India where the kesh Shatina «employees of the subordinate courts have been able to get the full benefit of the (Sharkhand) ‘order dated 07.10.2009 and 16.03.2015 respectively ssed by Honble Apex court ‘asin Kalavata in Writ Petition Civil number 1022 of 1989 All India Judges association versus (Gujarat) |\Union of India and others. While the Hon'ble Supreme Court has ordered the Prakash M.Kulkarni | benefits of the Second National Judicial Pay Commission ( Reddy Commission ) for (Maharashtra) the Judicial Officers ofthe subordinate courts of the country and the employees of | alone? the subordinate courts are fighting a legal struggle to be included in the Second (runachal Pradesh) National Judicial Pay Commission ( Reddy Commission) likewise rst national pasa Judicial pay commission (J. Shetty commission). (Manipur) Due to noncompliance with the order dated 07.10.2009 passed by the koma Hontble Apex court; writ petitions are filed on behalf of employees/retired Aejar Dat employees in almost every High Court which have not been disposed of by the: (Gammu & Kashmir) |oRcerned high cour, as a result of which the employees of the subordinate courts ‘are not geting the benefit ofthe orders ofthe Hontble Supreme Coun. eres Justice is a subject ofthe Concurrent list ofthe most respected Constitution Pee of india, in such a situation, the association makes a humble request to The Honble Pradeep Dixit Most Gracious Chief Justice Sir, that by using the constitutional privilege conferred Head: LTCell by the Hon'ble Supreme Cour, we; the employees of subordinate court of the | [country should be declared as Central government employees under the | Neeraj Srivastava (MP) | administrative control of our respective High Courts. It should be done so that the \irenra Singh (Haryana) |employees of the subordinate cours of the country can get the timely and full 'Amanindat Singh(Punjab) [benefits of the order passed by the Hon'ble Court. [National Secretary Ie will be a great honour and a very historic and unforgettable moment for te mi ern erg meet ‘Executive Council Permit us to spend some precious moments from his invaluable time forthe same. |Shivashiv Dadheechi(Raj.). | With utmost regards, 'Zonal President U ace bs Rakesh Vom (6 surosbiyn |(Central India) i yrdinat Latshram Premananda ‘AM India Subordinate (oxy Cogs ars Prasad Rap ecmtary (Sout ni” =| saan poe owRISCSA J