Institute of Legal and Management Studies

The Supreme Court on Friday (May 16) expressed concerns at the fact that Court Managers in many states are working on a contractual basis and that some states have even discontinued their services, citing a shortage of funds.

Deploring this situation, the Court directed that all States should regularise the existing Court Managers, subject to their passing the suitability test. The regularisation shall be with effect from the beginning of their services. However, they will not be entitled to salary arrears.

The Court further directed the High Courts to frame or amend rules regarding the recruitment of court managers and submit the same to the State Government. The State Government should approve them within three months. The Court Managers should be given the scale of Class II officers.

A bench comprising Chief Justice of India BR Gavai, Justice AG Masih and Justice K Vinod Chandran passed the following directions :

(1) All High Courts in the country shall frame or amend the rules on the recruitment and service conditions of Court Managers, by taking the Assam Rules of 2018 as the model rules, and submit them to the state government within a period of 3 months;

(2) The High Courts are at liberty to make suitable changes are per their needs;

(3) The respective State Govts are to finalise and grant approvals to the rules within a period of 3 months;

(4) We clarify that the minimum grant of class of such court managers would be of Class II gazetted officers for the purpose of basic rate, allowances and other services;

(5) Court managers appointed by the High Court should work under the supervision of the Registrar General of the respective High Courts

(6) Court managers appointed in the district court are to work under the supervision of the Registrar of the Superintendent to Additional Staff of the concerned courts;

(7) The Rules Committee of the High Court shall ensure that the duties, functions and responsibilities do not overlap with those of the Registrar of the High Court/ District Courts

(8) Court Managers already working on a contractual or ad-hoc basis are concerned, their services shall be continued and regularised subject to their passing the suitability test as provided in the rules by the respective High Courts;

(9) We direct that such Court Managers already working be entitled to regularisation from the date of their initial appointment. We further clarify that the benefit of such regularisation, though entitles them to continuation of service, for all the purposes, they shall not be entitled to arrears if any or upon the difference between the salary from the period from the date of which they are working till the date of their actual realisation.

(10) We direct that the personal regularisation as above be completed within a period of 3 months from the date of the approval of the rules by the respective state govts.

The Registrar Generals of the respective High Courts were also expected to stick to the above timeline.

The Court passed the above directions in the All India Judges Association case. The judgment authored by CJI Gavai noted that the concept of appointing court managers was first introduced by the 13th Finance Commission. The creation of posts of Court Managers was proposed to assist the Judges in their administrative functions, case management. It was recommended that court managers be appointed at the district, sessions, and High Court levels to enhance the administrative efficiency and functioning of the judiciary. Similar recommendations were made by the Second National Judicial Pay Commission as well.

The Court lamented that despite its previous directions for their regulations, Court Managers are continuing on a contractual basis in many states.

"We are at pains to say that even though the SNJPC in its Report had recommended and this Court in the judgment dated 2nd August 2018 in the present proceedings had specifically directed the rules to be framed for determining the service conditions, the duties etc., of Court Managers, various High Courts and various State Governments have not yet complied with the said direction," CJI Gavai noted before pronouncing the directions.

The Court placed on record its appreciation for the assistance of Senior Advocate Siddharth Bhatnagar, amicus curiae ably assisted by Mr. Ankit Yadav and Mr. Aditya Sidhra.

Case : All India Judges Association vs Union of India

Citation : 2025 LiveLaw (SC) 582

Click Here To Read/Download Judgment